38.Paragraph 2(1) of Schedule 2 to the 1971 Act gives an immigration officer the power to examine any person who arrives in the United Kingdom and sets out the purpose for which such an examination is conducted. At present, if it is concluded that a person is a British citizen, the immigration officer takes no further action. If he is not a British citizen, however, he will be examined to determine whether or not he requires permission to enter the United Kingdom. This permission is called leave to enter. If a person qualifies for leave to enter then the immigration officer will go on to decide the length of the leave and any conditions, such as permission to work, which will apply. Finally, if a person does not qualify for leave to enter then the immigration officer may refuse leave to enter.
39.Paragraph 56 of Schedule 14 will enable an immigration officer to examine those who arrive in the United Kingdom to establish whether they already have leave to enter, either because they have a valid visa which has conferred leave to enter, because they have extant leave (leave which is still valid from a previous entry), or because it has otherwise been granted in advance of arrival.
40.Paragraph 57 amends Schedule 2 to the 1971 Act to give an immigration officer a power to examine those persons who arrive in the United Kingdom with extant leave and extends to them the requirement to submit to further examination (and medical examination in circumstances where a person is seeking leave to enter for a period in excess of six months, or where the individual appears to be in ill-health), where necessary. The immigration officer may re-examine a person to ascertain whether there has been a change of circumstances, among other matters, and may cancel leave where it is found that the holder no longer qualifies, or suspend it until the examination is complete.
41.Paragraph 58 amends Schedule 2 to the 1971 Act to give the immigration officer a power to require someone who is being examined under paragraph 2A of that Schedule to provide any information that the immigration officer considers necessary in order to conduct the examination.
42.In addition, the person who is being examined under the provisions of paragraph 2A is required to produce a passport or some other form of identity document. They are also required to declare whether they are carrying any documents which may be specified by the immigration officer, for example, a student may be required to produce a letter confirming enrolment at a college.
43.Paragraph 59 extends the power to require a person to submit to medical examination after leave to enter has been granted to include those persons who arrive in the United Kingdom with extant leave.
Schedule 14: Consequential amendments