Commentary on provisions of the Act Section 30: Entry into and settlement in the United Kingdom
This section provides for illegal migrants who have ever satisfied the conditions in section 2 to be barred from securing limited leave to remain, settlement and lawful re-entry into the UK following their removal, subject to certain exceptions. The bar will apply to persons illegally entering or arriving in the UK on or after 7 March 2023, that is the date the Illegal Migration Bill was introduced in the House of Commons, and the condition in section 2(3) is to be read for the purposes of this section as if the reference there to the date the Act was passed was a reference to 7 March 2023.
	Subsection (2) amends section 8 of the 1971 Act. The 1971 Act provides that, subject to certain exceptions, a person who is not a British citizen requires leave (that is permission) to enter and remain in the UK. Section 8(1) of the 1971 Act provides for one such exception, namely a crew member of a ship or aircraft. Crew members may not enter without leave in three circumstances (as set out in section 8(1)(a) to (c)), namely where the person has been the subject of a deportation order, where that have at any time been refused leave to enter the UK and have not subsequently been given leave to enter or remain in the UK, and where an immigration officer requires them to submit to examination under Schedule 2 to the 1971 Act. This subsection introduces a fourth case where crew members may not enter without leave (as set out in new section 8(1)(d) of the 1971 Act) if they have ever met the four conditions in section 2 of the Act (as modified).
	Subsection (3) inserts new section 8AA into the 1971 Act.
	New section 8AA(2) provides that, subject to new section 8AA(3) to (5), an illegal migrant who has ever met the four conditions in section 2 of the Act (as modified) must not be given entry clearance, an Electronic Travel Authorisation or leave to enter or remain in the UK, other than bridging leave given under the Immigration Rules to an unaccompanied child falling within section 4(1) of the Act, or limited leave given under section 65 of the 2022 Act as it applies under this Act.
	New section 8AA(3) sets out the grounds on which the Secretary of State may temporarily waive the bar on re-entry to grant limited leave to enter, entry clearance or an Electronic Travel Authorisation. The waiver may be applied where the failure to grant such leave, entry clearance or Electronic Travel Authorisation would contravene the UK’s obligations under the ECHR, or where there are other exceptional circumstances which mean it is appropriate to grant such leave. The power to waive the bar on re-entry in other exceptional circumstances includes, but is not limited to, where it is necessary to comply with the UK’s international obligations.
	Similarly, new section 8AA(4) sets out the grounds on which the Secretary of State may temporarily waive the bar to grant limited leave to remain in the UK. A waiver of the bar may be applied where it is necessary to comply with the UK’s international legal obligations, such as the ECHR or under certain maritime or aviation conventions, where a member of crew, particularly seafarers, seeks entry for urgent medical treatment or for welfare purposes. A waiver may also be applied where other exceptional circumstances mean it is appropriate to grant an individual limited leave to remain where limited leave to enter, entry clearance or an Electronic Travel Authorisation has been given under new section 8AA(3).
	Under new section 8AA(3) and (4) the waivers may be applied, for example, where a person having been removed to a safe third country successfully challenges their removal by way of judicial review on ECHR grounds. Such a person will be allowed to return to the UK and be granted limited leave to enter and limited leave to remain.
	New section 8AA(5) provides that the Secretary of State may grant indefinite leave to remain if the Secretary of State considers that giving such leave is necessary in order to comply with the UK’s obligations under the ECHR.
	Subsection (4) allows for a person to be given limited leave to enter until section 2(1) comes into force, unless that person leaves or is removed from the UK and subsequently returns to the UK (subsection (5)). Similarly, subsection (4) allows for a person to be given limited leave to remain until section 2(1) comes into force, unless that person has been given leave to remain under new section 8AA(3) of the 1971 Act (subsection (6)).
	Subsection (7) clarifies that any leave given under subsection (4) is to be disregarded in determining whether a person meets the four conditions in section 2.