CBTM10120 - Residence and Immigration: Immigration - People subject to immigration control

Section 115 of the Immigration and Asylum Act 1999, sub-section (9).

A person subject to immigration control is defined by section 115(9) of the Immigration and Asylum Act 1999. A person subject to immigration control is defined as:

  • A person who requires leave to enter or remain in the UK but does not have it. (This covers overstayers, illegal entrants, people who are subject to a deportation order, those allowed temporary admission to the UK and anyone whose immigration status has yet to be determined).
  • A person who has leave to enter or remain but subject to the condition that he does not have recourse to public funds. Limited leave to enter or remain subject to there being no recourse to public funds is given under section 33(1) of the Immigration Act 1971.
  • A person who has leave to enter or remain which is given as a result of a maintenance undertaking. (They are sometimes known as ‘sponsored immigrants’). A ‘maintenance undertaking’ is defined by section 115(10) of the Immigration and Asylum Act 1999 as a written undertaking given by another person in pursuance of the Immigration Rules to be responsible for the maintenance and accommodation of the person in question
  • A person who has leave to enter or remain only because he is appealing against certain immigration decisions. Under section 61 of the Immigration Act 1999, a person with limited leave has a right of appeal against a decision to vary, or refuse to vary his leave. A similar right is given to asylum seekers by section 69 of this Act. While any appeal is pending, the leave to which the appeal relates and any conditions subject to which it is granted continue to have effect.

There are a number of exceptions from the general exclusion, and these are explained at (CBTM10140)