The Immigration (Isle of Man) (Amendment) Order 2025
This Order, made by His Majesty in Council, formally amends the Immigration (Isle of Man) Order 2008 to extend relevant parts of the Nationality and Borders Act 2022, including provisions for Electronic Travel Authorisations (ETAs) and carrier liability, to the Isle of Man, specifying modifications necessary to ensure consistency with or necessary divergence from UK immigration law, and grants the Isle of Man's Minister for the Treasury powers to arrange for UK functions related to ETAs.
Arguments For
It ensures the continued alignment of immigration policy between the Isle of Man and the United Kingdom, maintaining the integrated approach to immigration control.
It legally extends crucial new measures, such as the framework for Electronic Travel Authorisations (ETAs) from the Nationality and Borders Act 2022, to the Isle of Man.
It provides the necessary legal mechanisms for the Isle of Man's Treasury Minister to arrange for UK functions, like ETA processing, to be carried out on its behalf, streamlining administrative processes.
Arguments Against
Extending UK legislation, even with modifications, may create regulatory friction or administrative complexity for individuals traveling locally between the Isle of Man and the UK.
Assigning UK functions (like ETA processing) to the Secretary of State, even by arrangement, centralizes decision-making power away from local Manx authorities for these specific immigration matters.
The need for constant amendments (evident in modifications to Schedules 3 and 6) suggests ongoing complexity in ensuring legislative synchronization between the two jurisdictions.
At the Court at Buckingham Palace, the 15th day of October 2025
Present,
The King’s Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred upon Him by section 36 of the Immigration Act 1971 [1], section 170(7) of the Immigration and Asylum Act 1999 [2] and section 86(4) to (6) of the Nationality and Borders Act 2022 [3] is pleased, by and with the advice of His Privy Council, to order as follows.
This establishes the formal context: the Order was made by the King in Council on October 15, 2025.
His Majesty enacted this legislation using powers granted under the Immigration Act 1971, the Immigration and Asylum Act 1999, and the Nationality and Borders Act 2022.
- Citation, commencement and extent
(1) This Order may be cited as the Immigration (Isle of Man) (Amendment) Order 2025.
(2) This Order comes into force on such day or days as the Minister for the Treasury (a Department of the Government of the Isle of Man) [4] may by order appoint.
(3) This Order extends to the Isle of Man.
(4) Section 34 of the Legislation Act 2015 [5] (Tynwald procedure: laying only) applies to an order under paragraph (2).
The first article names the legislation as the Immigration (Isle of Man) (Amendment) Order 2025.
It specifies that its commencement date will be set by order of the Isle of Man's Treasury Minister.
The Order applies only to the Isle of Man, and the process for appointing commencement dates is subject to the Tynwald procedure outlined in the Legislation Act 2015.
- Interpretation
In this Order, “the principal Order” means the Immigration (Isle of Man) Order 2008 [6] and terms defined in that Order have the same meaning in this Order.
This section defines key terminology for the rest of the document.
It identifies the 'principal Order' as the Immigration (Isle of Man) Order 2008 and confirms that any term defined in that earlier Order carries the same meaning here.
- Amendment of the principal Order
The principal Order is amended as follows.
This introduces the operative part of the Order, stating that the amendments will now follow, targeting the principal 2008 Order.
- Article 2 amended (interpretation)
In Article 2, after the definition of “the 2020 Act” [7] insert—
““the 2022 Act” means the Nationality and Borders Act 2022.”.
The Order amends Article 2 of the principal Order by inserting a definition for 'the 2022 Act,' referring to the Nationality and Borders Act 2022.
This definition is placed immediately after the existing definition for 'the 2020 Act.'
- Article 6 amended (extension of the Immigration Act 1971 to the Isle of Man)
In Article 6, after paragraph (2)(a) insert—
“(aa) Part 1A (Electronic Travel Authorisations) [8];”.
Article 6 of the principal Order, which deals with extending UK immigration law to the Isle of Man, is updated.
The Order inserts a new provision, (aa), to specifically extend Part 1A of the Immigration Act 1971, which concerns Electronic Travel Authorisations (ETAs).
- Article 24 inserted (extension of the Nationality and Borders Act 2022 to the Isle of Man)
After article 23, insert—
“Extension of the Nationality and Borders Act 2022 to the Isle of Man
- The following provisions of the 2022 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 11—
(a) section 75 (electronic travel authorisations);
(b) section 76 (liability of carriers); and
(c) section 84(7) (transitional and consequential provision).”.
A new Article 24 is inserted into the principal Order to formally extend key sections of the Nationality and Borders Act 2022 to the Isle of Man.
These sections cover electronic travel authorisations (ETA), liability for carriers bringing inadmissible passengers, and transitional provisions, all subject to modifications detailed in a new Schedule 11.
- Schedule 3 amended (modifications subject to which the Immigration Act 1971 extends)
In Schedule 3, after paragraph 18, insert—
“18A.
(1) Section 11C of the 1971 Act [9] is modified as follows.
(2) For “United Kingdom”, wherever those words occur other than in substituted subsection (5) [10], substitute “Isle of Man”.
(3) For subsection (5) substitute—
“(5) The rules may impose the requirement mentioned in subsection (2) on an individual who—
(a) travels to the Isle of Man on a local journey from a place in the United Kingdom or in any of the Channel Islands, and
(b) has leave to enter or remain in the United Kingdom or in that island (as the case may be),
only if it appears to the Minister necessary to do so by reason of differences between the immigration laws of the Isle of Man and the United Kingdom or that island (as the case may be).”.
18B.
(1) Section 11D of the 1971 Act [11] is modified as follows.
(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.
(3) For “Secretary of State”, wherever those words occur, substitute “Minister”.
(4) For “any of the Islands” substitute “the United Kingdom or any of the Channel Islands (as the case may be)”.
(5) For “that island” substitute “the United Kingdom or that island (as the case may be)”.
(6) Omit subsections (3), (5) and (6).”.
This modifies Schedule 3, which details how the Immigration Act 1971 applies to the Isle of Man.
New paragraphs 18A and 18B adapt sections 11C and 11D. Section 11C (likely related to ETA rules) substitutes 'Isle of Man' for 'United Kingdom', except in a specific subsection, and alters the conditions under which rules can apply to local journeys originating in the UK or Channel Islands.
Section 11D is heavily modified to replace references to the 'Secretary of State' with 'Minister' and to redefine geographical references geographically relevant to the Isle of Man's operational area.
- Schedule 6 amended (modifications subject to which the Immigration and Asylum Act 1999 extends)
In Schedule 6, in paragraph 18 [12]—
(a) in subparagraph (2), for “subsections (1), (4) and (6)(a)” substitute “subsections (1), (1C), (4), (4A), (4B) and (6)(a)”;
(b) in subparagraph (3), for “subsections (2), (3) and (10)” substitute “subsections (1), (3), (4A), (4B) and (10)”;
(c) in subparagraph (5), for “subsections (7) and (8)” substitute “subsections (2), (7) and (8)”.
Schedule 6 of the principal Order, detailing modifications to the Immigration and Asylum Act 1999, is amended within paragraph 18.
Subparagraphs (2), (3), and (5) are modified by substituting existing references to subsections with new sequences that likely incorporate clauses added or affected by the extension of other legislation.
- Schedule 11 inserted
After Schedule 10, insert, as Schedule 11, the Schedule set out in the Schedule to this Order.
This directs that the Schedule contained at the end of this amending Order is to be inserted as a brand new Schedule 11 into the principal Order, following the existing Schedule 10.
SCHEDULE Schedule to be inserted as Schedule 11 to the principal Order
Article 9
“SCHEDULE 11 The Nationality and Borders Act 2022
Article 24
The 2022 Act is modified as follows.
(1) In section 75(2), newly inserted section 11C of the 1971 Act is modified as follows.
(2) For “United Kingdom”, wherever those words occur other than in substituted subsection (5) [13], substitute “Isle of Man”.
(3) For subsection (5) substitute—
“(5) The rules may impose the requirement mentioned in subsection (2) on an individual who—
(a) travels to the Isle of Man on a local journey from a place in the United Kingdom or in any of the Channel Islands, and
(b) has leave to enter or remain in the United Kingdom or in that island (as the case may be),
only if it appears to the Minister necessary to do so by reason of differences between the immigration laws of the Isle of Man and the United Kingdom or that island (as the case may be).”.
3.
(1) In section 75(2), newly inserted section 11D of the 1971 Act is modified as follows.
(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.
(3) For “Secretary of State”, wherever those words occur, substitute “Minister”.
(4) For “any of the Islands” substitute “the United Kingdom or any of the Channel Islands (as the case may be)”.
(5) For “that island” substitute “the United Kingdom or that island (as the case may be)”.
(6) Omit subsections (3), (5) and (6).
4.
(1) In section 75(2), newly inserted Part 1A is modified as follows.
(2) After new section 11D insert—
“11E. Arrangements for functions in relation to ETAs
(1) The Minister may—
(a) request the Secretary of State to carry out any function in relation to the granting of ETAs conferred on the Minister or any other person (“the decision-maker”), by immigration rules made under section 11C or regulations made under section 11D; and
(b) arrange for the Secretary of State to carry out any such function.
(2) A function carried out by or on behalf of the Secretary of State under an arrangement made under subsection (1)(b) is for all purposes carried out by the decision-maker under the immigration rules or regulations concerned.
(3) Every decision or act taken by or on behalf of the Secretary of State under such an arrangement has the same effect as if taken by the decision-maker.
(4) An arrangement under subsection (1)(b)—
(a) may be varied or terminated at any time by the Minister, but without prejudice to any decision or act already taken under that arrangement or to the making of a new arrangement; and
(b) does not prevent the performance of the function by the decision-maker concerned whilst the arrangement subsists.
(5) A variation or termination under subsection (4)(a) may be made with immediate effect or take effect at a time specified by the Minister.”
In section 75(3)(b), for “Kingdom” substitute “Isle of Man”.
Omit section 75(5).
In section 76—
(a) for “United Kingdom”, wherever those words occur, substitute “Isle of Man”;
(b) for “Secretary of State”, wherever those words occur, substitute “Minister”.
This Schedule details the specific modifications made when extending sections 75 and 76 of the 2022 Act (concerning ETAs and carrier liability) to the Isle of Man.
It mirrors the localizing amendments from Article 7, replacing UK geographical references or the 'Secretary of State' with references to the 'Isle of Man' or the 'Minister' (Manx Treasury Minister).
Crucially, new section 11E gives the Manx Minister the power to request or arrange for the UK Secretary of State to carry out functions related to granting ETAs, treating those actions as if the Manx decision-maker performed them.