• ECB1.1 Immigration legislation
• ECB1.2 Immigration powers
• ECB1.3 Biometrics in the legislation

See other guidance information ECB02 - Human rights and Race Discrimination considerations ECB03 - What is entry clearance? ECB04 - Who needs an entry clearance? ECB05 - Where to apply - the policy ECB06 - Entry clearance fees ECB07 - Returnability ECB08 - What are acceptable travel documents for entry clearance? ECB09 - Types and validity of entry clearance ECB10 - Making a decision on an application ECB11 - Significance of information from a sponsor ECB12 - Undertakings ECB13 - Visa endorsements and conditions ECB14 - ID cards and leave to remain ECB15 - Arriving in/Departing from the UK ECB16 - Police registration ECB17 - Transferring or replacing visas in new passports and unused visas ECB18 ECO revocation of an entry clearance ECB19 - Correcting an incorrect endorsement ECB20 - Unresolved applications ECB21 Risk and Liaison Overseas Network  

ECB1.1 Immigration legislation

The UK's immigration control is based on two legal provisions:

• the  Immigration Act 1971 amended by subsequent immigration and asylum acts; and
• the Statement of Changes in Immigration Rules (the Rules) provided for in Section 3 (2) of the 1971 Act.

Legislation

The Rules regulate entry into and the stay of persons in the United Kingdom.  They set out the criteria that applications for entry clearance, leave to enter or remain must meet to qualify for entry into the UK.  

The latest complete set of Rules is contained in HC395 (1994).  This has been amended by subsequent changes in the Rules.

 

Back to top

ECB1.2 Immigration powers

Entry Clearance Officers (ECOs) are officials of the UK Border Agency.  The term 'Entry Clearance Officer' can be substituted for 'Immigration Officer' (Paragraph 26 of the Rules).

The UK Border Agency is responsible for the immigration control of all persons entering and staying in the UK. Entry Clearance work is administered at UK missions overseas on behalf of the UK Border Agency.

 

Back to top

ECB1.3 Biometrics in the legislation

The legislation to enable the biometric capture of fingerprints from all visa applicants is found under the following Regulations in exercise of the powers conferred by section 126(1) of the Nationality, Immigration and Asylum Act 2002:

Statutory Instrument 2006 No 1743 - The Immigration (Provision of Physical Data) Regulations 2006

Back to top