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Уважаемые заявители.
В настоящее время Великобритания при оформлении виз руководствуется общими разъяснениями и рекомендациями ЕС связанными с отменой упрощенного визового режима в отношении российских заявителей.
В 2007 году между Российской Федерацией и Европейским сообществом вступило в действие Соглашение между Европейским сообществом и Российской Федерацией об упрощении выдачи виз гражданам Европейского Союза и Российской Федерации;
25 февраля 2022 г. было принято Решение Совета (ЕС) 2022/333 о частичном приостановлении применения Соглашения между Европейским сообществом и Российской Федерацией об упрощении выдачи виз гражданам Европейского Союза и Российской Федерации;
06 сентября 2022 г. принято Решение Совета Европы о полном приостановлении применения Соглашения между Европейским сообществом и Российской Федерацией об упрощении выдачи виз гражданам Российской Федерации;
09 сентября 2022 г. Сообщением Европейской Комиссии установлены общие рекомендаций по выдаче виз в отношении российских заявителей;
09 сентября 2022 г. в пресс релизе Европейской Комиссии на русском языке обобщены и конкретизированы общие Рекомендации по более строгому оформлению виз для граждан России по факту полной приостановки Соглашения между Европейским сообществом и Российской̆ Федерацией̆ об упрощении выдачи виз гражданам Европейского Союза и Российской̆ Федерации.
Ни в одном из принятых решений и выработанных рекомендаций не установлено строгих критериев определяющих порядок рассмотрения заявлений о выдаче визы.
Формально приостановка Соглашения об упрощении выдачи виз должна привести к возвращению к применению ранее заключенных двусторонних Консульских Конвенций и Соглашений между странами Европы и применению Общей консульской инструкции 1999 года, однако, в настоящее время к рассмотрению заявлений граждан России о выдаче виз не применяется ни одно соглашение.
При рассмотрении заявлений о выдаче виз гражданам России применяются внутренние регламенты стран, а большинстве случаев правила и требования определяются конкретным консульским учреждением руководствуясь общими рекомендациями, а именно:
- менее оперативная обработка заявлений лиц, у которых нет срочной причины для поездки;
- более длительное время обработки заявлений;
- затребование дополнительных документов;
- более строгое рассмотрение заявлений о выдаче виз;
- более тщательная проверка заявителей на предмет потенциальной угрозы общественному порядку, внутренней безопасности или международным отношениям государства-члена ЕС;
- отказ в выдаче визы в случае сомнений в намерении заявителя покинуть территорию ЕС по истечении срока действия визы;
- строгий подход при повторной оценке действительных краткосрочных виз, уже выданных гражданам России, и возможное аннулирование имеющихся виз
- принципиальный отказ от выдачи многократных виз с длительным сроком действия, вместо этого выдача однократных виз и/или виз с более коротким сроком действия.
При этом, ЕС занимает открытую позицию по отношению к российским заявителям на получение виз, совершающим поездки по срочным причинам, в частности, для членов семей граждан ЕС, журналистов, диссидентов и представителей гражданского общества. Указанные директивы призваны стимулировать государства-членов ЕС использовать в таких случаях имеющиеся возможности. Например, в соответствии с визовыми правилами государства-члены ЕС могут принять решение об уменьшении или отмене визового сбора в определённых случаях, что может облегчить поездки для журналистов, диссидентов, школьников, студентов и исследователей.
В связи с вышеизложенной официальной позицией ЕС в отношении заявлений российских граждан, основное значение приобрела приминительная практика по каждой конкретной стране, которая в большинстве содержит не официальные требования и процедуры при подаче заявлений на визу. Однако, в части принятия решений в отношении каждого заявителя каждое конкретное консульство руководствуется внутренним убеждением о возможности или невозможности в выдаче визы. Просим вас с пониманием отнестись к сложившейся ситуации.
В настоящее время мы вынуждены руководствоваться предыдущими требованиями консульских учреждений выработанными за последние 15 лет.
Об особенностях и требованиях действующих в настоящее время вы можете направить запрос любым удобным Вам способом.
Гражданам Российской Федерации и СНГ для въезда в Великобританию необходима виза.
Великобритания не является участницей Шенгенского соглашения. В настоящем разделе представлены Иммиграционные правила Великобритании. В настоящее время официальный перевод на русский язык отсутствует. Однако, по мере подготовки наиболее востребованных разделов Иммиграционных правил Великобритании мы будем их размещать в этом разделе.
Introduction
The Home Secretary has made changes in the Rules laid down by him as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 March 1990 (HC 251) (as amended). This statement contains the Rules as changed and replaces the provisions of HC 251 (as amended).
2. Immigration Officers, Entry Clearance Officers and all staff of the Home Office Immigration and Nationality Directorate will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in the United Kingdom and in compliance with the provisions of the Human Rights Act 1998.
3. In these Rules words importing the masculine gender include the feminine unless the contrary intention appears.
Implementation and transitional provisions
4. These Rules come into effect on 1 October 1994 and will apply to all decisions taken on or after that date save that any application made before 1 October 1994 for entry clearance, leave to enter or remain or variation of leave to enter or remain other than an application for leave by a person seeking asylum shall be decided under the provisions of HC 251, as amended, as if these Rules had not been made.
Application
5. Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is  not entitledto rely on the provisions of those Regulations is covered by these Rules.
Interpretation
6. In these Rules the following interpretations apply:
"the Immigration Acts" mean the Immigration Act 1971 and the Immigration Act 1988.
"the 1993 Act" is the Asylum and Immigration Appeals Act 1993.
"the 1996 Act" is the Asylum and Immigration Act 1996
"the 2006 EEA Regulations" means the Immigration (European Economic Area) Regulations 2006
"adoption" unless the contrary intention appears, includes a de facto adoption in accordance with the requirements of paragraph 309A of these Rules, and "adopted" and "adoptive parent" should be construed accordingly.
"Approved Destination Status Agreement with China" means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People s Republic of China to the United Kingdom as a approved destination, signed on 21 January 2005.
"a bona fide private education institution" is a private education institution which:
a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Border and Immigration Agency when requested;
b) provides courses which involve a minimum of 15 hours organised daytime study per week;
c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students;
d) offers courses leading to qualifications recognised by the appropriate accreditation bodies;
e)employs suitably qualified staff to provide teaching, guidance and support to the students;
f) provides adequate accommodation, facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and
g) if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body.
"civil partner" means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly);
"degree level study" means a course which leads to a recognised United Kingdom degree at bachelor s level or above, or an equivalent qualification at level 6 or above of the revised National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.
"EEA national" has the meaning given in regulation 2(1) of the 2006 EEA Regulations.
"an external student" is a student studying for a degree from a UK degree awarding body without any requirement to attend the UK degree awarding body s premises or a UK Listed Body s premises for lectures and tutorials.
"United Kingdom passport" bears the meaning it has in the Immigration Act 1971.
"a UK Bachelors degree" means
(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or
(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.
"Immigration Officer" includes a Customs Officer acting as an Immigration Officer.
"Multiple Entry work permit employment" is work permit employment where the person concerned does not intend to spend a continuous period in the United Kingdom in work permit employment.
"public funds" means
(a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;
(b) attendance allowance, severe disablement allowance, carer s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker s allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.
(c) attendance allowance, severe disablement allowance, carer s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; or income based jobseeker s allowance under the Jobseekers (Northern Ireland) Order 1995.
"settled in the United Kingdom" means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.
"a parent" includes
(a) the stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;
(b) the stepmother of a child whose mother is dead and the reference to stepmother includes a relationship arising through civil partnership and;
(c) the father as well as the mother of an illegitimate child where he is proved to be the father;
(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);
(e) in the case of a child born in the United Kingdom who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parent(s) inability to care for the child.
"intention to live permanently with the other" means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the United Kingdom immediately following the outcome of the application in question or as soon as circumstances permit thereafter, and "intends to live permanently with the other" shall be construed accordingly.
"present and settled" means that the person concerned is settled in the United Kingdom, and, at the time that an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the United Kingdom their home with the applicant if their application is successful.
"sponsor" means the person in relation to whom an applicant is seeking leave to enter or remain as their spouse, fiance, civil partner, proposed civil partner, unmarried partner, same-sex partner or dependent relative, as the case may be, under paragraphs 277 to 295O or 317 to 319.
"visa nationals" are the persons specified in Appendix 1 to these Rules who need a visa for the United Kingdom.
"non-visa nationals" are persons who are not specified in Appendix 1 to these Rules.
"specified national" is a person specified in Appendix 3 to these Rules who seeks leave to enter the United Kingdom for a period of more than 6 months.
"employment" unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.
"the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom.
"immigration employment document" means a work permit or any other document which relates to employment and is issued for the purpose of these Rules or in connection with leave to enter or remain in the United Kingdom.
"Employment as a Doctor in Training" means employment in a medical post or programme offered by the National Health Service which has been approved by the Postgraduate Medical Education and Training Board as a training programme or post.
"these Rules" means these immigration rules (HC 395) made under section 3(2) of the Immigration Act 1971.
"Tier 1 (General) Migrant" means a migrant who is granted leave under paragraphs 245A to 245D of these Rules.
Under Part 6A of these Rules, "Highly Skilled Migrant" means a migrant granted leave under paragraphs 135A to 135G of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Highly Skilled Migrant Programme Approval Letter" means a letter issued by the Home Office confirming that the applicant meets the criteria specified by the Secretary of State for entry to or stay in the UK under the Highly Skilled Migrant Programme.
Under Part 6A of these Rules, "Innovator" means a migrant granted leave under paragraphs 210A to 210F of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Lawfully" means with valid leave.
Under Part 6A of these Rules, "Participant in the Fresh Talent Working in Scotland Scheme" means a migrant granted leave under paragraphs 143A to 143F of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Participant in the International Graduates Scheme" means a migrant granted leave under paragraphs 135O to 135T of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Postgraduate Doctor or Dentist" means a migrant who is granted leave under paragraphs 70 to 75 of these Rules.
Under Part 6A of these Rules, "Self-Employed" means an applicant is registered as self-employed with HM Revenue & Customs, or is employed by a company of which the applicant is a controlling shareholder.
Under Part 6A of these Rules, "Student" means a migrant who is granted leave under paragraphs 57 to 62 of these Rules.
Under Part 6A of these Rules, "Student Nurse" means a migrant who is granted leave under paragraphs 63 to 69 of these Rules.
Under Part 6A of these Rules, "Student Re-Sitting an Examination" means a migrant who is granted leave under paragraphs 69A to 69F of these Rules.
Under Part 6A of these Rules, "Student Writing-Up a Thesis" means a migrant who is granted leave under paragraphs 69G to 69L of these Rules.
Under Part 6A of these Rules, "Work Permit Holder" means a migrant who is granted leave under paragraphs 128 to 133 of these Rules.
Under Part 6A of these Rules, "Prospective Student" means a migrant who is granted leave under paragraphs 82 to 87 of these rules.
Under Part 6A of these Rules, an "A-rated Sponsor" is a Sponsor which is recorded as being "A-rated" on the register of licensed Sponsors maintained by the United Kingdom Border Agency.
Under Part 6A of these Rules, "Certificate of Sponsorship" means an authorisation issued by the Secretary of State to a Sponsor in respect of one or more applications, or potential applications, for entry clearance, leave to enter or remain as a Tier 2 migrant or a Tier 5 migrant in accordance with these Rules.
Under Part 6A of these Rules, "Confirmation of Acceptance for Studies" means an authorisation issued by a Sponsor to an applicant for entry clearance, leave to enter or remain as a Tier 4 Migrant in accordance with these Rules.
Under Part 6A of these Rules, "Certificate of Sponsorship Checking Service" means a computerised interface with the Points Based System computer database which allows a United Kingdom Border Agency caseworker or entry clearance officer assessing a migrant s application for entry clearance, leave to enter or leave to remain to access and review details of the migrant s Certificate of Sponsorship, including details of the migrant s Sponsor, together with details of the job and other details associated with the circumstances in which the Certificate of Sponsorship was issued.
Under Part 6A of these Rules, "Confirmation of Acceptance for Studies Checking Service" means a computerised interface with the Points Based System computer database which allows a United Kingdom Border Agency caseworker or entry clearance officer assessing a migrant s application for entry clearance, leave to enter or leave to remain as a Tier 4 migrant under these Rules to access and review details of the migrant s Confirmation of Acceptance for Studies, including details of the migrant s Sponsor, together with details of the course of study and other details associated with the circumstances in which the Confirmation of Acceptance for Studies was issued.
Under Part 6A of these Rules, "Established Entertainer" means an applicant who is applying for leave to remain as a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant in respect of whom the following conditions are satisfied:
(a) the Certificate of Sponsorship Checking Service entry to which the applicant s Certificate of Sponsorship reference number relates, records that the applicant is being sponsored in an occupation which is defined in the United Kingdom Border Agency s Transitional Guidance as being a job in the entertainment sector,
(b) the applicant has, or has previously had, entry clearance, leave to enter or leave to remain in the UK as a Work Permit Holder, and the work permit that led to that grant was issued in the sports and entertainment category to enable him to work in the occupation in which he is, at the date of the application for leave to remain, currently being sponsored,
(c) the applicant s last grant of leave was as:
(i) a Work Permit Holder in the sports and entertainment category, provided the work permit that led to that grant was issued in the sports and entertainment category to enable him to work either in the occupation in which he is, at the date of the current application for leave to remain, currently being sponsored, or in another occupation which is defined in the United Kingdom Border Agency s Transitional Guidance as being a job in the entertainment sector, or
(ii) a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, provided (in either case) that at the time of that last grant of leave points were awarded under the transitional arrangements provisions in Table 11 of Appendix A, and provided (again in either case) that that grant was made to enable him to work either in the occupation in which he is currently being sponsored or in another occupation which is defined in the United Kingdom Border Agency s Transitional Guidance as being a job in the entertainment sector,
(d) the Certificate of Sponsorship Checking Service entry to which the applicant s Certificate of Sponsorship reference number relates records:
(i) that the applicant will be paid a salary for the job that is at or above the appropriate entertainments industry rate, as listed in the United Kingdom Border Agency s Transitional Guidance; and
(ii) that before agreeing to employ the applicant, the Sponsor consulted with such bodies as the United Kingdom Border Agency s Transitional Guidance indicates that it should consult with before employing someone in this capacity, and
(e) the applicant has not spent a period of 5 years or more in the UK, beginning with the last grant of entry clearance, as a Qualifying Work Permit Holder, Tier 2 (General) Migrant or Tier 2 (Intra- Company Transfer) Migrant, or in any combination of these.
Under Part 6A of these Rules, "Qualifying Work Permit Holder" means a Work Permit Holder who was issued a work permit in the business and commercial or sports and entertainment work permit categories.
Under Part 6A of these Rules, "Senior Care Worker" means an applicant who is applying for leave to remain as a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant in respect of whom the following conditions are satisfied:
(a) the Certificate of Sponsorship Checking Service entry to which the applicant?s Certificate of Sponsorship reference number relates, records that the applicant is being sponsored in an occupation which is defined in the United Kingdom Border Agency s Guidance as being a senior care worker role,
(b) the applicant s last grant of leave was as:
(i) a Qualifying Work Permit Holder, or
(ii) a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, provided (in either case) that at the time of that last grant of leave points were awarded under the transitional arrangements provisions in Table 11 of Appendix A.
(c) the work permit or Certificate of Sponsorship that led to the last grant of leave was issued to enable the applicant to work as a senior care worker, and
(d) the applicant has not spent a period of 5 years or more in the UK, beginning with the last grant of entry clearance, as a Qualifying Work Permit Holder, Tier 2 (General) Migrant or Tier 2 (Intra- Company Transfer) Migrant, or in any combination of these.
Under Part 6A of these Rules, "Sponsor" means the person or Government that the Certificate of Sponsorship Checking Service or Confirmation of Acceptance for Studies Checking Service records as being the Sponsor for a migrant.
Under Part 6A of these Rules, a reference to a "sponsor licence" means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a Sponsor under Tiers 2, 4 or 5 of the Points Based System.
Under Part 6A of these Rules, "supplementary employment" means other employment in the same profession and at the same professional level as that which the migrant is being sponsored to do provided that:
(a) the migrant remains working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,
(b) the other employment does not exceed 20 hours per week and takes place outside of the hours when the migrant is contracted to work for the Sponsor in the employment the migrant is being sponsored to do.
"Business person" means a migrant granted leave under paragraphs 200 to 208 of the Rules in force before 30th June 2008.
"Investor" means a migrant granted leave under paragraphs 224 to 229 of the Rules in force before 30th June 2008.
"Self-employed Lawyer" means a migrant granted entry clearance, or leave to enter or remain, outside the Rules under the concession for Self-employed lawyers that formerly appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate instructions.
"Tier 1 (General) Migrant" means a migrant who is granted leave under paragraphs 245B to 245F of these Rules.
"Tier 1 (Entrepreneur) Migrant" means a migrant who is granted leave under paragraphs 245H to 245N of these Rules.
"Tier 1 (Investor) Migrant" means a migrant who is granted leave under paragraphs 245O to 245U of these Rules.
"Tier 1 (Post-Study Work) Migrant" means a migrant who is granted leave under paragraphs 245V to 245ZA of these Rules.
"Tier 1 Migrant" means a migrant who is granted leave as Tier 1 (General) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Investor) Migrant or a Tier 1 (Post-Study Work) Migrant.
"Points Based System Migrant" means a migrant applying for or granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 Migrant.
" Tier 2 (General) Migrant" means a migrant granted leave under paragraphs 245ZB to 245ZH of these Rules and who obtains points under paragraphs 59 to 84 of Appendix A but who does not obtain points under the intra-company transfer provisions in Table 10 of that Appendix.
"Tier 2 (Intra-Company Transfer) Migrant" means a migrant granted leave under paragraphs 245ZB to 245ZH of these Rules and who obtains points under paragraphs 59 to 84 of Appendix A including points under the intra-company transfer provisions of that Appendix.
"Tier 2 (Minister of Religion) Migrant" means a migrant granted leave under paragraphs 245ZB to 245ZH of these Rules and who obtains points under paragraphs 85 to 92 of Appendix A.
"Tier 2 (Sportsperson) Migrant" means a migrant granted leave under paragraphs 245ZB to 245ZH of these Rules and who obtains points under paragraphs 93 to 100 of Appendix A.
"Tier 2 Migrant" means a migrant granted leave under paragraphs 245ZB to 245ZH of these Rules.
"Tier 4 (General) Student" means a migrant granted leave under paragraphs 245ZT to 245ZY of these Rules.
"Tier 4 (Child) Student" means a migrant granted leave under paragraphs 245ZZ to 245ZZD of these Rules.
"Tier 4 Migrant" means a Tier 4 (General) Student or a Tier 4 (Child) Student.
"Tier 5 (Youth Mobility) Temporary Migrant" means a migrant granted leave under paragraphs 245ZI to 245ZL of these Rules.
"Tier 5 (Temporary Worker) Migrant" means a migrant granted leave under paragraphs 245ZM to 245ZS of these Rules.
"Tier 5 Migrant" means a migrant who is either a Tier 5 (Temporary Worker) Migrant or a Tier 5 (Youth Mobility) Temporary Migrant.
"Jewish Agency Employee" means a migrant granted leave outside of these Rules under the concession that formerly appeared in Chapter 17 Section 5 Part 2 of the Immigration Directorate Instructions.
"Member of the Operational Ground Staff of an Overseas-owned Airline" means a migrant granted leave under paragraphs 178 to 185 of the Rules in force before 27 November 2008.
"Minister of Religion, Missionary or Member of a Religious Order" means a migrant granted leave under paragraphs 170 to 177A of the Rules in force before 27 November 2008.
"Overseas Qualified Nurse or Midwife" means a migrant granted leave under paragraphs 69M to 69R of the Rules in force before 27 November 2008.
"Participant in the Science and Engineering Graduates Scheme" means a migrant granted leave under paragraphs 135O to 135T of the Rules in force before 1 May 2007.
"Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation" means a migrant granted leave under paragraphs 136 to 143 of the Rules in force before 27 November 2008.
"Student Union Sabbatical Officer" means a migrant granted leave under paragraphs 87A to 87F of the Rules in force before 27 November 2008.
"Working Holidaymaker" means a migrant granted leave under paragraphs 95 to 97 of the Rules in force before 27 November 2008.
A "Business Visitor" is a person granted leave to enter or remain in the UK under paragraphs 46G-46L, 75A-F or 75G-M of these Rules.
An "Academic Visitor" is a person who is from an overseas academic institution or who is highly qualified within his own field of expertise seeking leave to enter the UK to carry out research and associated activities for his own purposes.
A "Visiting Professor" is a person who is seeking leave to enter the UK as an academic professor to accompany students who are studying here on Study Abroad Programmes.
A "Sports Visitor" is a person granted leave to enter or remain in the UK under paragraphs 46M-46R of these Rules.
An "Amateur" is a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity.
A "Series of events" is two or more linked events, such as a tour, or rounds of a competition, which do not add up to a league or a season.
An "Entertainer Visitor" is a person granted leave to enter or remain in the UK under paragraphs 46S-46X of these Rules.
A "Special Visitor" is a person granted leave for a short-term visit in the following circumstances:
(a) A person granted leave to enter or remain in the UK as a visitor for private medical treatment under paragraphs 51 - 56 of these Rules
(b) A person granted leave to enter or remain in the UK for the purpose of marriage or to enter into civil partnership under paragraphs 56D - 56F of these Rules
(c) A person granted leave to enter or remain in the UK as a Parent of a child at school under paragraphs 56A - 56C of these Rules
(d) A person granted leave to enter or remain in the UK as a Child Visitor under paragraphs 46A - 46F of these Rules
(e) A person granted leave to enter or remain in the UK as a Student Visitor under paragraphs 56K - 56M of these Rules
(f) A person granted leave to enter or remain in the UK as a Prospective Student under paragraphs 82-87 of these Rules
(g) A person granted leave to enter the UK as a Visitor in transit under paragraphs 47 - 50 of these Rules.
A "Permissible Activity" means a business activity of a type listed in United Kingdom Border Agency guidance specifying the activities that a business person may undertake during a short-term business visit to the UK.
"Writer, Composer or Artist" means a migrant granted leave under paragraphs 232 to 237 of the Rules in force before 30th June 2008.
"In paragraph 320(7B) and paragraph 320(11) of these Rules:
"Deception" means making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts.
"Illegal Entrant" has the same definition as in section 33(1) of the Immigration Act 1971.
"Overstayed" or "Overstaying" means the applicant has stayed in the UK beyond the time limit attached to his leave, or beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971."
6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P s sponsor unless, as a result of P s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor s joint entitlement to benefits under the regulations referred to in paragraph 6B).
6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.
6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P s sponsor as a result of P?s presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P s presence in the United Kingdom under the regulations referred to in to paragraph 6B)".
Part 1 - General provisions regarding leave to enter or remain in the United Kingdom
Immigration rules
Leave to enter the United Kingdom
7. A person who is neither a British citizen nor a Commonwealth citizen with the right of abode nor a person who is entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations requires leave to enter the United Kingdom.
8. Under Sections 3 and 4 of the Immigration Act 1971 an Immigration Officer when admitting to the United Kingdom a person subject to immigration control under that Act may give leave to enter for a limited period and, if he does, may impose all or any of the following conditions:
(i) a condition restricting employment or occupation in the United Kingdom;
(ii) a condition requiring the person to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and
(iii) a condition requiring the person to register with the police.
He may also require him to report to the appropriate Medical Officer of Environmental Health. Under Section 24 of the 1971 Act it is an offence knowingly to remain beyond the time limit or fail to comply with such a condition or requirement.
9. The time limit and any conditions attached will be made known to the person concerned either:
(i) by written notice given to him or endorsed by the Immigration Officer in his passport or travel document; or
(ii) in any other manner permitted by the Immigration (Leave to Enter and Remain) Order 2000.
Exercise of the power to refuse leave to enter the United Kingdom or to cancel leave to enter or remain which is in force
10. The power to refuse leave to enter the United Kingdom or to cancel leave to enter or remain which is already in force is not to be exercised by an Immigration Officer acting on his own. The authority of a Chief Immigration Officer or of an Immigration Inspector must always be obtained.
Suspension of leave to enter or remain in the United Kingdom
10A. Where a person has arrived in the United Kingdom with leave to enter or remain which is in force but which was given to him before his arrival he may be examined by an Immigration Officer under paragraph 2A of Schedule 2 to the Immigration Act 1971. An Immigration Officer examining a person under paragraph 2A may suspend that person s leave to enter or remain in the United Kingdom until the examination is completed.
Cancellation of leave to enter or remain in the United Kingdom
10B. Where a person arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is already in force, an Immigration Officer may cancel that leave.
Requirement for persons arriving in the United Kingdom or seeking entry through the Channel Tunnel to produce evidence of identity and nationality
11. A person must, on arrival in the United Kingdom or when seeking entry through the Channel Tunnel, produce on request by the Immigration Officer:
(i) a valid national passport or other document satisfactorily establishing his identity and nationality; and
(ii) such information as may be required to establish whether he requires leave to enter the United Kingdom and, if so, whether and on what terms leave to enter should be given.
Requirement for a person not requiring leave to enter the United Kingdom to prove that he has the right of abode
12. A person claiming to be a British citizen must prove that he has the right of abode in the United Kingdom by producing either:
(i) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
(ii) a certificate of entitlement duly issued by or on behalf of the Government of the United Kingdom certifying that he has the right of abode.
13. A person claiming to be a Commonwealth citizen with the right of abode in the United Kingdom must prove that he has the right of abode by producing a certificate of entitlement duly issued to him by or on behalf of the Government of the United Kingdom certifying that he has the right of abode.
14. A Commonwealth citizen who has been given limited leave to enter the United Kingdom may later claim to have the right of abode. The time limit on his stay may be removed if he is able to establish a claim to the right of abode, for example by showing that:
(i) immediately before the commencement of the British Nationality Act 1981 he was a Commonwealth citizen born to or legally adopted by a parent who at the time of the birth had citizenship of the United Kingdom and Colonies by his birth in the United Kingdom or any of the Islands; and
(ii) he has not ceased to be a Commonwealth citizen in the meanwhile.
Common Travel Area
15. The United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form a common travel area. A person who has been examined for the purpose of immigration control at the point at which he entered the area does not normally require leave to enter any other part of it. However certain persons subject to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended) who enter the United Kingdom through the Republic of Ireland do require leave to enter. This includes:
(i) those who merely passed through the Republic of Ireland;
(ii) persons requiring visas;
(iii) persons who entered the Republic of Ireland unlawfully;
(iv) persons who are subject to directions given by the Secretary of State for their exclusion from the United Kingdom on the ground that their exclusion is conducive to the public good;
(v) persons who entered the Republic from the United Kingdom and Islands after entering there unlawfully or overstaying their leave.
Admission of certain British passport holders
16. A person in any of the following categories may be admitted freely to the United Kingdom on production of a United Kingdom passport issued in the United Kingdom and Islands or the Republic of Ireland prior to 1 January 1973, unless his passport has been endorsed to show that he was subject to immigration control:
(i) a British Dependent Territories citizen;
(ii) a British National (Overseas);
(iii) a British Overseas citizen;
(iv) a British protected person;
(v) a British subject by virtue of Section 30(a) of the British Nationality Act 1981, (who, immediately before the commencement of the 1981 Act would have been a British subject not possessing citizenship of the United Kingdom and Colonies or the citizenship of any other Commonwealth country or territory).
17. British Overseas citizens who hold United Kingdom passports wherever issued and who satisfy the Immigration Officer that they have, since 1 March 1968, been given indefinite leave to enter or remain in the United Kingdom may be given indefinite leave to enter.
Persons outside the United Kingdom
17A. Where a person is outside the United Kingdom but wishes to travel to the United Kingdom an Immigration Officer may give or refuse him leave to enter. An Immigration Officer may exercise these powers whether or not he is, himself, in the United Kingdom. However, an Immigration Officer is not obliged to consider an application for leave to enter from a person outside the United Kingdom.
17B. Where a person having left the common travel area, has leave to enter the United Kingdom which remains in force under article 13 of the Immigration (Leave to Enter and Remain) Order 2000, an Immigration Officer may cancel that leave. An Immigration Officer may exercise these powers whether or not he is, himself, in the United Kingdom. If a person outside the United Kingdom has leave to remain in the United Kingdom which is in force in this way, the Secretary of State may cancel that leave.
Returning Residents
18. A person seeking leave to enter the United Kingdom as a returning resident may be admitted for settlement provided the Immigration Officer is satisfied that the person concerned:
(i) had indefinite leave to enter or remain in the United Kingdom when he last left; and
(ii) has not been away from the United Kingdom for more than 2 years; and
(iii) did not receive assistance from public funds towards the cost of leaving the United Kingdom; and
(iv) now seeks admission for the purpose of settlement.
19. A person who does not benefit from the preceding paragraph by reason only of having been away from the United Kingdom too long may nevertheless be admitted as a returning resident if, for example, he has lived here for most of his life.
19A. Where a person who has indefinite leave to enter or remain in the United Kingdom accompanies, on a tour of duty abroad, a spouse, civil partner, unmarried partner or same-sex partner who is a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service, or a comparable United Kingdom-based staff member of the British Council, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, sub-paragraphs (ii) and (iii) of paragraph 18 shall not apply.
20. The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa. In other cases, leave lapses on the holder remaining outside the United Kingdom for a continuous period of more than two years. A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident. His application to re-enter the United Kingdom should be considered in the light of all the relevant circumstances. The same time limit and any conditions attached will normally be reimposed if he meets the requirements of these Rules, unless he is seeking admission in a different capacity from the one in which he was last given leave to enter or remain.
Non-lapsing leave
20A. Leave to enter or remain in the United Kingdom will usually lapse on the holder going to a country or territory outside the common travel area. However, under article 13 of the Immigration (Leave to Enter and Remain) Order 2000 such leave will not lapse where it was given for a period exceeding six months or where it was conferred by means of an entry clearance (other than a visit visa).
Holders of restricted travel documents and passports
21. The leave to enter or remain in the United Kingdom of the holder of a passport or travel document whose permission to enter another country has to be exercised before a given date may be restricted so as to terminate at least 2 months before that date.
22. If his passport or travel document is endorsed with a restriction on the period for which he may remain outside his country of normal residence, his leave to enter or remain in the United Kingdom may be limited so as not to extend beyond the period of authorised absence.
23. The holder of a travel document issued by the Home Office should not be given leave to enter or remain for a period extending beyond the validity of that document. This paragraph and paragraphs 21-22 do not apply to a person who is eligible for admission for settlement or to a spouse or civil partner who is eligible for admission under paragraph 282 or to a person who qualifies for the removal of the time limit on his stay.
Leave to enter granted on arrival in the United Kingdom
23A. A person who is not a visa national and who is seeking leave to enter on arrival in the United Kingdom for a period not exceeding 6 months for a purpose for which prior entry clearance is not required under these Rules may be granted such leave, for a period not exceeding 6 months. This paragraph does not apply where the person is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person, or a person who under the British Nationality Act 1981 is a British subject.
23B. A person who is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person, or a person who under the British Nationality Act 1981 is a British subject, and who is seeking leave to enter on arrival in the United Kingdom for a purpose for which prior entry clearance is not required under these Rules may be granted such leave, irrespective of the period of time for which he seeks entry, for a period not exceeding 6 months.
Entry clearance
24. The following must produce to the Immigration Officer a valid passport or other identity document endorsed with a United Kingdom entry clearance issued to him for the purpose for which he seeks entry:
(i) a visa national;
(ii) any other person (other than British Nationals (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject) who is seeking entry for a period exceeding six months or is seeking entry for a purpose for which prior entry clearance is required under these Rules.
Such a person will be refused leave to enter if he has no such current entry clearance. Any other person who wishes to ascertain in advance whether he is eligible for admission to the United Kingdom may apply for the issue of an entry clearance.
25. Entry clearance takes the form of a visa (for visa nationals) or an entry certificate (for non visa nationals). These documents are to be taken as evidence of the holder s eligibility for entry into the United Kingdom, and accordingly accepted as "entry clearances" within the meaning of the Immigration Act 1971.
25A. An entry clearance which satisfies the requirements set out in article 3 of the Immigration (Leave to Enter and Remain) Order 2000 will have effect as leave to enter the United Kingdom. The requirements are that the entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom and should be endorsed with the conditions to which it is subject or wish a statement that it has effect as indefinite leave to enter the United Kingdom. The holder of such an entry clearance will not require leave to enter on arrival in the United Kingdom and, for the purposes of these Rules, will be treated as a person who has arrived in the United Kingdom with leave to enter the United Kingdom which is in force but which was given to him before his arrival.
26. An application for entry clearance will be considered in accordance with the provisions in these Rules governing the grant or refusal of leave to enter. Where appropriate, the term "Entry Clearance Officer" should be substituted for "Immigration Officer".
27. An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, except that an applicant will not be refused an entry clearance where entry is sought in one of the categories contained in paragraphs 296-316 solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it.
28. An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application. An applicant for an entry clearance who is seeking entry as a visitor must apply to a post designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Subject to paragrapgh 28A, any other application must be made to the post in the country or territory where the applicant is living which has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant. Where there is no such post the applicant must apply to the appropriate designated post outside the country or territory where he is living.
28A. (a) An application for entry clearance as a Tier 5 (Temporary Worker) Migrant in the creative and sporting sub-category of Tier 5 may also be made at the post in the country or territory where the applicant is situated at the time of the application, provided that:
(i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant,
(ii) the applicant is in that country or territory for a similar purpose to the activity he proposes to undertake in the UK, and
(iii) the applicant is able to demonstrate to the Entry Clearance Officer that he has authority to be living in that country or territory in accordance with its immigration laws. Those applicants who are known to the authorities of that country or territory but who have not been given permission to live in that country or territory will not be eligible to make an application.
(b) An application for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant may also be made at the post in the country or territory where the applicant is situated at the time of the application, provided that:
(i) the post has been designated by the Secretary of State to accept applications for entry clearance for that purpose and from that category of applicant, and
(ii) the applicant is able to demonstrate to the Entry Clearance Officer that he has authority to be living in that country or territory in accordance with its immigration laws and that when he was given authority to live in that country or territory he was given authority to live in that country or territory for a period of more than 6 months. Those applicants who are known to the authorities of that country or territory but who have not been given permission to live in that country or territory will not be eligible to make an application.
29. For the purposes of paragraph 28 "post" means a British Diplomatic Mission, British Consular post or the office of any person outside the United Kingdom and Islands who has been authorised by the Secretary of State to accept applications for entry clearance. A list of designated posts is published by the Foreign and Commonwealth Office.
30. An application for an entry clearance is not made until any fee required to be paid under the Consular Fees Act 1980 (including any Regulations or Orders made under that Act) has been paid.
30A. An entry clearance may be revoked if the Entry Clearance Officer is satisfied that:
(i) whether or not to the holder s knowledge, false representations were employed or material facts were not disclosed, either in writing or orally, for the purpose of obtaining the entry clearance; or
(ii) a change of circumstances since the entry clearance was issued has removed the basis of the holder s claim to be admitted to the United Kingdom, except where the change of circumstances amounts solely to his exceeding the age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance; or
(iii) the holder s exclusion from the United Kingdom would be conducive to the public good.
30B. An entry clearance shall cease to have effect where the entry clearance has effect as leave to enter and an Immigration Officer cancels that leave in accordance with paragraph 2A(8) of Schedule 2 to the Immigration Act 1971.
30C. An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance.
Variation of leave to enter or remain in the United Kingdom
31. Under Section 3(3) of the 1971 Act a limited leave to enter or remain in the United Kingdom may be varied by extending or restricting its duration, by adding, varying or revoking conditions or by removing the time limit (where upon any condition attached to the leave ceases to apply). When leave to enter or remain is varied an entry is to be made in the applicant s passport or travel document (and his registration certificate where appropriate) or the decision may be made known in writing in some other appropriate way.
31A. Where a person has arrived in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but was given to him before his arrival, he may apply, on arrival at the port of entry in the United Kingdom, for variation of that leave. An Immigration Officer acting on behalf of the Secretary of State may vary the leave at the port of entry but is not obliged to consider an application for variation made at the port of entry. If an Immigration Officer acting on behalf of the Secretary of State has declined to consider an application for variation of leave at a port of entry but the leave has not been cancelled under paragraph 2A(8) of Schedule 2 to the Immigration Act 1971, the person seeking variation should apply to the Home office under paragraph 32.
32. DELETED
33. DELETED
33A. Where a person having left the common travel area, has leave to enter or remain in the United Kingdom which remains in force under article 13 of the Immigration (Leave to Enter and Remain) Order 2000., his leave may be varied (including any condition to which it is subject in such form and manner as permitted for the giving of leave to enter. However, the Secretary of State is not obliged to consider an application for variation of leave to enter or remain from a person outside the United Kingdom.
Knowledge of language and life in the United Kingdom
33B. A person has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for the purpose of an application for indefinite leave to remain under these rules if -
(a) he has attended a course which used teaching materials derived from the document entitled "Citizenship Materials for ESOL Learners" (ISBN 1-84478-5424) and he has thereby attained a relevant accredited qualification; or
(b) he has passed the test known as the "Life in the UK Test" administered by an educational institution or other person approved for this purpose by the Secretary of State; or
(c) in the case of a person who is the spouse or civil partner or unmarried or same sex partner of:
i) a permanent member of HM Diplomatic Service; or
ii) a comparable UK-based staff member of the British Council on a tour of duty abroad; or
iii) a staff member of the Department for International Development who is a British citizen or is settled in the UK, a person designated by the Secretary of State certifies in writing that he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for this purpose.
33C. In these rules, a "relevant accredited qualification" is -
(a) an ESOL "Skills for Life" qualification in speaking and listening at Entry Level approved by the Qualifications and Curriculum Authority; or
(b) two ESOL units at Access Level under the Scottish Credit and Qualifications Framework approved by the Scottish Qualifications Authority.
33D. If in the special circumstances of any particular case the Secretary of State thinks fit, he may waive the need to fulfil the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom if he considers that, because of the applicant s physical or mental condition, it would be unreasonable to expect him to fulfil that requirement.
33E. DELETED.
33F. DELETED.
Specified forms and procedures for applications or claims in connection with immigration
34. An application form is specified when:
(i) it is posted on the website of the United Kingdom Border Agency of the Home Office,
(ii) it is marked on the form that it is a specified form for the purpose of the immigration rules,
(iii) it comes into force on the date specified on the form and/or in any accompanying announcement.
34A.Where an application form is specified, the application or claim must also comply with the following requirements:
(i) the application or claim must be made using the specified form,
(ii) any specified fee in connection with the application or claim must be paid in accordance with the method specified in the application form, separate payment form and/or related guidance notes, as applicable,
(iii) any section of the form which is designated as mandatory in the application form and/or related guidance notes must be completed as specified,
(iv) if the application form and/or related guidance notes require the applicant to provide biographical information, such information must be provided as specified,
(v) an appointment for the purposes stated in subparagraph (iv) must be made and must take place by the dates specified in any subsequent notification by the Secretary of State following receipt of the application, or as agreed by the Secretary of State,
(vi) where the application or claim is made by post or courier, or submitted in person:
(a) the application or claim must be accompanied by the photographs and documents specified as mandatory in the application form and/or related guidance notes,
(ab) those photographs must be in the same format specified as mandatory in the application form and/or related guidance notes, and
(b) the form must be signed by the applicant, and where applicable, the applicant s spouse, civil partner, same-sex partner or unmarried partner, save that where the applicant is under the age of eighteen, the form may be signed by the parent or legal guardian of the applicant on his behalf,
(vii) where the application or claim is made online:
(a) the photographs and documents specified as mandatory must be submitted in the manner directed in the application form and/or related online guidance notes and by such date as is specified in the acknowledgement of the online application,
(ab) those photographs must be in the same format specified as mandatory in the application form and/or related guidance notes, and
(b) the confirmation box (which states that the information contained in the application form is true and complete) must be completed by the applicant or, if the form is completed by an immigration adviser on the applicant s behalf, by the immigration adviser on specific instructions from the applicant that the information given is true and complete, and
(viii) the application or claim must be delivered in accordance with paragraph 34B.
34B.Where an application form is specified, it must be sent by prepaid post to the United Kingdom Border Agency of the Home Office, or submitted in person at a public enquiry office of the United Kingdom Border Agency of the Home Office, save for the following exceptions:
(i) an application may not be submitted at a public enquiry office of the United Kingdom Border Agency of the Home Office if it is an application for:
(a) limited or indefinite leave to remain as a sole representative or retired person of independent means
(ba) limited or indefinite leave to remain as a Tier 1 (Investor) Migrant or Tier 1 (Entrepreneur) Migrant,
(b) indefinite leave to remain as a victim of domestic violence,
(c) a certificate of approval for a marriage or civil partnership,
(d) a Tier 4 or Tier 5 (Temporary Worker) sponsorship licence;
(e) Indefinite leave to remain as a businessperson, investor or innovator, or
(f) DELETED.
(ii) an application may be sent by courier to the United Kingdom Border Agency of the Home Office if it is an application for:
(a) limited or indefinite leave to remain as a sole representative, retired person of independent means or as a Tier 1 Migrant or Tier 2 Migrant;
(b) limited leave to remain for work permit employment, as a seasonal agricultural worker, for the purpose of employment under the Sectors-Based Scheme.
(c) Indefinite leave to remain as a businessperson, investor or innovator, or
(d) limited leave to remain as a Tier 5 (Temporary Worker) Migrant.
(iii) an application may not be sent by pre-paid post, and must be made online, if it is an application for a Tier 2, Tier 4 or Tier 5 (Temporary Worker) sponsorship licence.
34C.Where an application or claim in connection with immigration for which an application form is specified does not comply with the requirements in paragraph 34A, such application or claim will be invalid and will not be considered.
34D.Where the main applicant wishes to include applications or claims by any members of his family as his dependants on his own application form, the applications or claims of the dependants must meet the following requirements or they will be invalid and will not be considered:
(i) the application form must expressly permit the applications or claims of dependants to be included, and
(ii) such dependants must be the spouse, civil partner, unmarried or same-sex partner and/or children under the age of 18 of the main applicant.
Variation of Applications or Claims for Leave to Remain
34E. If a person wishes to vary the purpose of an application or claim for leave to remain in the United Kingdom and an application form is specified for such new purpose, the variation must comply with the requirements of paragraph 34A (as they apply at the date the variation is made) as if the variation were a new application or claim, or the variation will be invalid and will not be considered.
34F. Any valid variation of a leave to remain application will be decided in accordance with the immigration rules in force at the date such variation is made.
Determination of the date of an application or claim (or variation of an application or claim) in connection with immigration
34G.For the purposes of these rules, the date on which an application or claim (or a variation in accordance with paragraph 34E) is made is as follows:
(i) where the application form is sent by post, the date of posting,
(ii) where the application form is submitted in person, the date on which it is accepted by a public enquiry office of the United Kingdom Border Agency of the Home Office,
(iii) where the application form is sent by courier, the date on which it is delivered to the United Kingdom Border Agency of the Home Office, or
(iv) where the application form is submitted online, the date on which it is so submitted.
34H. Applications or claims for leave to remain made before 29 February 2008 for which a form was prescribed prior to 29 February 2008 shall be subject to the forms and procedures as in force on the date on which the application or claim was made.
34I. Where an application or claim is made no more than 21 days after the date on which a form is specified under the immigration rules and on a form that was permitted for such application or claim immediately prior to the date of such specification, the application or claim shall be deemed to have been made on the specified form.
Withdrawn applications or claims for leave to remain in the United Kingdom
34J. Where a person whose application or claim for leave to remain is being considered requests the return of his passport for the purpose of travel outside the common travel area, the application for leave shall, provided it has not already been determined, be treated as withdrawn as soon as the passport is returned in response to that request.
Undertakings
35. A sponsor of a person seeking leave to enter or variation of leave to enter or remain in the United Kingdom may be asked to give an undertaking in writing to be responsible for that person s maintenance and accommodation for the period of any leave granted, including any further variation. Under the Social Security Administration Act 1992 and the Social Security Administration (Northern Ireland) Act 1992, the Department of Social Security or, as the case may be, the Department of Health and Social Services in Northern Ireland, may seek to recover from the person giving such an undertaking any income support paid to meet the needs of the person in respect of whom the undertaking has been given. Under the Immigration and Asylum Act 1999 the Home Office may seek to recover from the person giving such an undertaking amounts attributable to any support provided under section 95 of the Immigration and Asylum Act 1999 (support for asylum seekers) to, or in respect of, the person in respect of whom the undertaking has been given. Failure by the sponsor to maintain that person in accordance with the undertaking, may also be an offence under section 105 of the Social Security Administration Act 1992 and/or under section 108 of the Immigration and Asylum Act 1999 if, as a consequence, asylum support and/or income support is provided to, or in respect of, that person.
Medical
36. A person who intends to remain in the United Kingdom for more than 6 months should normally be referred to the Medical Inspector for examination. If he produces a medical certificate he should be advised to hand it to the Medical Inspector. Any person seeking entry who mentions health or medical treatment as a reason for his visit, or who appears not to be in good mental or physical health, should also be referred to the Medical Inspector; and the Immigration Officer has discretion, which should be exercised sparingly, to refer for examination in any other case.
37. Where the Medical Inspector advises that a person seeking entry is suffering from a specified disease or condition which may interfere with his ability to support himself or his dependants, the Immigration Officer should take account of this, in conjunction with other factors, in deciding whether to admit that person. The Immigration Officer should also take account of the Medical Inspector s assessment of the likely course of treatment in deciding whether a person seeking entry for private medical treatment has sufficient means at his disposal.
38. A returning resident should not be refused leave to enter or have existing leave to enter or remain cancelled on medical grounds. But where a person would be refused leave to enter or have existing leave to enter or remain cancelled on medical grounds if he were not a returning resident or in any case where it is decided on compassionate grounds not to exercise the power to refuse leave to enter or to cancel existing leave to enter or remain, or in any other case where the Medical Inspector so recommends, the Immigration Officer should give the person concerned a notice requiring him to report to the Medical Officer of Environmental Health designated by the Medical Inspector with a view to further examination and any necessary treatment.
39. The Entry Clearance Officer has the same discretion as an Immigration Officer to refer applicants for entry clearance for medical examination and the same principles will apply to the decision whether or not to issue an entry clearance.
Students
39A. An application for a variation of leave to enter or remain made by a student who is sponsored by a government or international sponsorship agency may be refused if the sponsor has not given written consent to the proposed variation.
Part 2 - Persons seeking to enter or remain in the United Kingdom for visits
Immigration rules
Visitors
Requirements for leave to enter as a general visitor
40. For the purposes of paragraphs 41-46 a general visitor includes a person living and working outside the United Kingdom who comes to the United Kingdom as a tourist. A person seeking leave to enter the United Kingdom as a Business Visitor, which includes Academic Visitors, must meet the requirements of paragraph 46G. A person seeking entry as a Sports Visitor must meet the requirements of paragraph 46M.
A person seeking entry as an Entertainer Visitor must meet the requirements of paragraph 46S.
A visitor seeking leave to enter for the purposes of marriage or to enter into a civil partnership must meet the requirements of paragraph 56D.
41. The requirements to be met by a person seeking leave to enter the United Kingdom as a general visitor are that he:
(i) is genuinely seeking entry as a general visitor for a limited period as stated by him, not exceeding 6 months or not exceeding 12 months in the case of a person seeking entry to accompany an academic visitor, provided in the latter case the visitor accompanying the academic visitor has entry clearance; and
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and
(iii) does not intend to take employment in the United Kingdom; and
(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
(v) does not intend to undertake a course of study; and
(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
(vii) can meet the cost of the return or onward journey.; and
(viii) is not a child under the age of 18.
(ix) does not intend to do any of the activities provided for in paragraphs 46G (iii), 46M (iii) or 46S (iii);
and
(x) does not, during his visit, intend to marry or form a civil partnership, or to give notice of marriage or civil partnership; and
(xi) does not intend to receive private medical treatment during his visit; and
(xii) is not in transit to a country outside the common travel area.
Leave to enter as a general visitor
42. A person seeking leave to enter to the United Kingdom as a general visitor may be admitted for a period not exceeding 6 months, or not exceeding 12 months in the case of a person accompanying an academic visitor, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 41 is met.
Refusal of leave to enter as a general visitor
43. Leave to enter as a general visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 41 is met.
Requirements for an extension of stay as a general visitor
44. Six months is the maximum permitted leave which may be granted to a general visitor. The requirements for an extension of stay as a general visitor are that the applicant:
(i) meets the requirements of paragraph 41 (ii)-(vii) and (ix)-(xii); and
(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom or not more than 12 months in the case of a person accompanying an academic visitor as a general visitor. Any periods spent as a child visitor are to be counted as a period spent as a general visitor; and
(iii) has, or was last granted, entry clearance, leave to enter or leave to remain as a general visitor or as a child visitor.
Extension of stay as a general visitor
45. An extension of stay as a general visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 44 is met.
Refusal of extension of stay as a general visitor
46. An extension of stay as a general visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 44 is met.
Child visitors
Requirements for leave to enter as a child visitor
46A The requirements to be met by a person seeking leave to enter the United Kingdom as a child visitor are that he:
(i) is genuinely seeking entry as a child visitor for a limited period as stated by him not exceeding
6 months or not exceeding 12 months to accompany an academic visitor, provided in the latter case the child visitor has entry clearance; and
(ii) meets the requirements of paragraph 41 (ii)-(iv), (vi)-(vii) and (x)- (xii); and
(iii) is under the age of 18; and
(iv) can demonstrate that suitable arrangements have been made for his travel to, and reception and care in the United Kingdom; and
(v) has a parent or guardian in his home country or country of habitual residence who is responsible for his care; and
(vi) if a visa national:
(a) holds a valid United Kingdom entry clearance for entry as an accompanied child visitor and is travelling in the company of the adult identified on his entry clearance, who is on the same occasion being admitted to the United Kingdom; or
(b) holds a valid United Kingdom entry clearance for entry as an unaccompanied child visitor; and
(vii) if he has been accepted for a course of study, this is to be provided by an institution which is:
(i) the holder of a Sponsor Licence for Tier 4 of the Points Based System, or
(ii) accredited by a United Kingdom Border Agency approved accreditation body, or
iii) an independent fee paying school registered with the Department for Children, Schools and Families
and which is outside the maintained sector.
Leave to enter as a child visitor
46B A person seeking leave to enter the United Kingdom as a child visitor may be admitted for a period not exceeding 6 months, or not exceeding 12 months in the case of a child visitor accompanying an academic visitor subject to a condition prohibiting employment, providing that the Immigration Officer is satisfied that each of the requirements of paragraph 46A is met.
Refusal of leave to enter as a child visitor
46C Leave to enter as a child visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 46A is met.
Requirements for an extension of stay as a child visitor
46D Six months is the maximum permitted leave which may be granted to a child visitor. The requirements for an extension of stay as a child visitor are that the applicant:
(i) meets the requirements of paragraph 41 (ii) - (vii) and (x) -(xii)
(ii) is under the age of 18; and
(iii) can demonstrate that there are suitable arrangements for his care in the United Kingdom; and
(iv) has a parent or guardian in his home country or country of habitual residence who is responsible for his care; and
(v) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom, or not more than 12 months in the case of a child visitor accompanying an academic visitor, as a child visitor; and
(vi) has, or was last granted, entry clearance, leave to enter or leave to remain as a child visitor
Extension of stay as a child visitor
46E An extension of stay as a child visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 46D is met.
Refusal of extension of stay as a child visitor
46F An extension of stay as a child visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 46D is met.
Requirements for leave to enter as a Business Visitor
46G The requirements to be met by a person seeking leave to enter the United Kingdom as a business visitor are that he:
(i) is genuinely seeking entry as a Business Visitor for a limited period as stated by him:
(a) not exceeding 6 months; or
(b) not exceeding 12 months if seeking entry as an Academic Visitor
(ii) meets the requirements of paragraphs 41(ii)-(viii) and (x)-(xii)
(iii) intends to do one or more of the following during his visit:
(a) to carry out a Permissible Activity as defined in paragraph 6;
(b) to take part in a location shoot as a member of a film crew;
(c) to represent overseas news media including as a journalist, correspondent, producer or cameraman provided he is employed or paid by an overseas company and is gathering information for an overseas publication;
(d) to act as an Academic Visitor but only if he has been working as an academic in an institution of higher education overseas, or in the field of their academic expertise immediately prior to seeking entry;
(e) to act as a Visiting Professor;
(f) To be a secondee to a UK company which is directly contracted with the visitor s overseas company,with which it has no corporate relationship, to provide goods or services, provided the secondee remains employed and paid by the overseas company throughout the secondee s visit;
(g) to undertake some preaching or pastoral work as a religious worker, provided his base is abroad and he is not taking up an office, post or appointment;
(h) To act as an adviser, consultant, trainer or trouble shooter, to the UK branch of the same group of companies as the visitor s overseas company, provided the visitor remains employed and paid by the
overseas company and does not undertake work, paid or unpaid with the UK company s clients;
(i) Specific, one-off training on techniques and work practices used in the UK where:
(a) the training is to be delivered by the UK branch of the same group of companies to which the individual s employer belongs; or
(b). the training is to be provided by a UK company contracted to provide goods or services to the overseas company; or
(c) a UK company is contracted to provide training facilities only, to an overseas company.
Leave to enter as a Business Visitor
46H A person seeking leave to enter to the United Kingdom as a Business Visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 46G is met. A person seeking leave to enter the United Kingdom as an Academic Visitor who does not have entry clearance may, if otherwise eligible, be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 46G are met. An Academic Visitor who has entry clearance may be admitted for up to 12 months subject to a condition prohibiting
employment.
Refusal of leave to enter as a Business Visitor
46I Leave to enter as a Business Visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 46G are met.
Requirements for an extension of stay as a Business Visitor
46J Twelve months is the maximum permitted leave which may be granted to an Academic Visitor and six months is the maximum that may be granted to any other form of Business Visitor. The requirements for an extension of stay as a Business Visitor are that the applicant:
(i) meets the requirements of paragraph 46G(ii)-(iii); and
(ii) if he is a Business Visitor other than an Academic Visitor, has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a Business Visitor; and
(iii) if he is an Academic Visitor, has not already spent, or would not as a result of an extension of stay spend, more than 12 months in total in the United Kingdom as a Business Visitor; and
(iv) has, or was last granted, entry clearance, leave to enter or leave to remain as a Business Visitor.
Extension of stay as a Business Visitor
46K An extension of stay as a Business Visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 46J is met.
Refusal of extension of stay as a Business Visitor
46L An extension of stay as a Business Visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 46J is met.
Sports Visitors
Requirements for leave to enter as a Sports Visitor
46M The requirements to be met by a person seeking leave to enter the United Kingdom as a Sports Visitor are that he:
(i) is genuinely seeking entry as a Sports Visitor for a limited period as stated by him, not exceeding six months; and
(ii) meets the requirements of paragraphs 41(ii)-(viii) and (x)-(xii); and
(iii) intends to do one or more of the following during his visit:
a. To take part in a particular sporting event as defined in guidance published by the United Kingdom Border Agency, tournament or series of events;
b. To take part in a specific one off charity sporting event, provided no payment is received other than for travelling and other expenses;
c. To join, as an Amateur, a wholly or predominantly amateur team provided no payment is received other than for board and lodging and reasonable expenses;
d. To serve as a member of the technical or personal staff, or as an official, attending the same event as a visiting sportsperson coming for one or more of the purposes listed in (a), (b) or (c).
Leave to enter as a Sports Visitor
46N A person seeking leave to enter to the United Kingdom as a Sports Visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 46M is met.
Refusal of leave to enter as a Sports Visitor
46O Leave to enter as a Sports Visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 46M is met.
Requirements for an extension of stay as a Sports Visitor
46P Six months is the maximum permitted leave which may be granted to a Sports Visitor. The requirements for an extension of stay as a sports visitor are that the applicant:
(i) meets the requirements of paragraph 46M(ii)-(iii); and
(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as a Sports Visitor; and
(iii) has, or was last granted, entry clearance, leave to enter or leave to remain as a Sports Visitor.
Extension of stay as a Sports Visitor
46Q An extension of stay as a Sports Visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 46P is met.
Refusal of extension of stay as a Sports Visitor
46R An extension of stay as a Sports Visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 46P is met.
Entertainer Visitors
Requirements for leave to enter as an Entertainer Visitor
46S The requirements to be met by a person seeking leave to enter the United Kingdom as an Entertainer Visitor are that he:
(i) is genuinely seeking entry as an Entertainer Visitor for a limited period as stated by him, not exceeding six months and
(ii) meets the requirements of paragraphs 41(ii)-(viii) and (x)-(xii) and
(iii) intends to do one or more of the following during his visit:
a. to take part as a professional entertainer in one or more music competitions; and/or
b. to fulfil one or more specific engagements as either an individual Amateur entertainer or as an Amateur group; and/or
c. to take part, as an Amateur or professional entertainer, in a cultural event (or one or more of such events) that appears in the list of events to which this provision applies that is published in guidance issued by the United Kingdom Border Agency; and/or
d. serve as a member of the technical or personal staff, or of the production team, of an entertainer coming for one or more of the purposes listed in (a), (b), or (c).
Leave to enter as an Entertainer Visitor
46T A person seeking leave to enter to the United Kingdom as an Entertainer Visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 46S is met.
Refusal of leave to enter as an Entertainer Visitor
46U Leave to enter as an Entertainer Visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 46S is met.
Requirements for an extension of stay as an Entertainer Visitor
46V Six months is the maximum permitted leave which may be granted to an Entertainer Visitor. The requirements for an extension of stay as an Entertainer Visitor are that the applicant:
(i) meets the requirements of paragraph 46S(ii)-(iii); and
(ii) has not already spent, or would not as a result of an extension of stay spend, more than 6 months in total in the United Kingdom as an Entertainer Visitor; and
(iii) has, or was last granted, entry clearance, leave to enter or leave to remain as an Entertainer Visitor.
Extension of stay as an Entertainer Visitor
46W An extension of stay as an Entertainer Visitor may be granted, subject to a condition prohibiting employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 46V is met.
Refusal of extension of stay as an Entertainer Visitor
46X An extension of stay as an Entertainer Visitor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 46V is met.
Visitors in transit
Requirements for admission as a visitor in transit to another country
47. The requirements to be met by a person (not being a member of the crew of a ship, aircraft, hovercraft, hydrofoil or train) seeking leave to enter the United Kingdom as a visitor in transit to another country are that he:
(i) is in transit to a country outside the common travel area; and
(ii) has both the means and the intention of proceeding at once to another country; and
(iii) is assured of entry there; and
(iv) intends and is able to leave the United Kingdom within 48 hours.
Leave to enter as a visitor in transit
48. A person seeking leave to enter the United Kingdom as a visitor in transit may be admitted for a period not exceeding 48 hours with a prohibition on employment provided the Immigration Officer is satisfied that each of the requirements of paragraph 47 is met.
Refusal of leave to enter as a visitor in transit
49. Leave to enter as a visitor in transit is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 47 is met.
Extension of stay as a visitor in transit
50. The maximum permitted leave which may be granted to a visitor in transit is 48 hours. An application for an extension of stay beyond 48 hours from a person admitted in this category is to be refused.
Visitors seeking to enter or remain for private medical treatment
Requirements for leave to enter as a visitor for private medical treatment
51. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for private medical treatment are that he:
(i) meets the requirements set out in paragraph 41 (iii)-(vii), (ix)-(x) and (xii) for entry as a general visitor;
and
(ii) in the case of a person suffering from a communicable disease, has satisfied the Medical Inspector that there is no danger to public health; and
(iii) can show, if required to do so, that any proposed course of treatment is of finite duration; and
(vi) intends to leave the United Kingdom at the end of his treatment; and
(v) can produce satisfactory evidence, if required to do so, of:
(a) the medical condition requiring consultation or treatment; and
(b) satisfactory arrangements for the necessary consultation or treatment at his own expense; and
(c) the estimated costs of such consultation or treatment; and
(d) the likely duration of his visit; and
(e) sufficient funds available to him in the United Kingdom to meet the estimated costs and his undertaking to do so.
Leave to enter as a visitor for private medical treatment
52. A person seeking leave to enter the United Kingdom as a visitor for private medical treatment may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 51 is met.
Refusal of leave to enter as a visitor for private medical treatment
53. Leave to enter as a visitor for private medical treatment is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 51 is met.
Requirements for an extension of stay as a visitor for private medical treatment
54. The requirements for an extension of stay as a visitor to undergo or continue private medical treatment are that the applicant:
(i) meets the requirements set out in paragraph 41(iii)-(vii), (ix)-(x) and (xii) and paragraph 51 (ii)-(v);
and
(ii) has produced evidence from a registered medical practitioner who holds an NHS consultant post or who appears in the Specialist Register of the General Medical Council of satisfactory arrangements for private medical consultation or treatment and its likely duration; and, where treatment has already begun, evidence as to its progress; and
(iii) can show that he has met, out of the resources available to him, any costs and expenses incurred in relation to his treatment in the United Kingdom; and
(iv) has sufficient funds available to him in the United Kingdom to meet the likely costs of his treatment and intends to meet those costs; and
(v) was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China.
Extension of stay as a visitor for private medical treatment
55. An extension of stay to undergo or continue private medical treatment may be granted, with a prohibition on employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 54 is met.
Refusal of extension of stay as a visitor for private medical treatment
56. An extension of stay as a visitor to undergo or continue private medical treatment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 54 is met.
Parent of a child at school
Requirements for leave to enter or remain as the parent of a child at school
56A. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the parent of a child at school are that:
(i) the parent meets the requirements set out in paragraph 41 (ii)-(xii); and
(ii) (1) if the child has leave under paragraphs 57 to 62 of these Rules, the child is attending an independent fee paying day school and meets the requirements set out in paragraph 57(i) to (ix), or
(2) if the child is a Tier 4 (Child) Student, the child is attending an independent fee paying day school and meets the requirements set out in paragraph 245ZZA (if seeking leave to enter) or 245ZZC (if seeking leave to remain); and
(iii) the child is under 12 years of age; and
(iv) the parent can provide satisfactory evidence of adequate and reliable funds for maintaining a second home in the United Kingdom; and
(v) the parent is not seeking to make the United Kingdom his main home; and
(vi) the parent was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China.
Leave to enter or remain as the parent of a child at school
56B. A person seeking leave to enter or remain in the United Kingdom as the parent of a child at school may be admitted or allowed to remain for a period not exceeding12 months, subject to a condition prohibiting employment, provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 56A is met.
Refusal of leave to enter or remain as the parent of a child at school
56C. Leave to enter or remain in the United Kingdom as the parent of a child at school is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 56A is met.
Visitors seeking to enter for the purposes of marriage or to enter a civil partnership
Requirements for leave to enter as a visitor for marriage or to enter a civil partnership
56D. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership are that he:
(i) meets the requirements set out in paragraph 41 (i) - (ix) and (xi) - (xi) - (xii); and
(ii) can show that he intends to give notice of marriage or civil partnership, or marry or form a civil partnership, in the United Kingdom within the period for which entry is sought; and
(iii) can produce satisfactory evidence, if required to do so, of the arrangements for giving notice of marriage or civil partnership, or for his wedding or civil partnership to take place, in the United Kingdom during the period for which entry is sought; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a visitor for marriage or civil partnership
56E. A person seeking leave to enter the United Kingdom as a visitor for marriage or civil partnership may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 56D is met.
Refusal of leave to enter as a visitor for marriage or civil partnership
56F. Leave to enter as a visitor for marriage or civil partnership is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 56D is met.
Visitors seeking leave to enter under the Approved Destinations Status (ADS) agreement with China
Requirements for leave to enter as a visitor under the Approved Destination Status Agreement with China ("ADS Agreement ").
56G The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor under the ADS agreement with China are that he:
(i) meets the requirements set out in paragraph 41(ii)-(xii); and
(ii) is a national of the People s Republic of China; and
(iii) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 30 days; and
(iv) intends to enter, leave and travel within the territory of the United Kingdom as a member of a tourist group under the ADS agreement; and
(v) holds a valid ADS agreement visit visa.
Leave to enter as a visitor under the ADS agreement with China
56H A person seeking leave to enter the United Kingdom as a visitor under the ADS Agreement may be admitted for a period not exceeding 30 days, subject to a condition prohibiting employment, provided they hold an ADS Agreement visit visa.
Refusal of leave to enter as a visitor under the ADS agreement with China
56I Leave to enter as a visitor under the ADS agreement with China is to be refused if the person does not hold an ADS Agreement visit visa.
Extension of stay as a visitor under the ADS agreement with China
56J Any application for an extension of stay as a visitor under the ADS Agreement with China is to be refused.
Student visitors
Requirements for leave to enter as a student visitor
56K. The requirements to be met by a person seeking leave to enter the United Kingdom as a student visitor are that he:
(i) is genuinely seeking entry as a student visitor for a limited period as stated by him, not exceeding six months; and
(ii) has been accepted on a course of study which is to be provided by an institution which is:
(i) the holder of a Sponsor Licence for Tier 4 of the Points Based System, or
(ii) accredited by a UKBA approved accreditation body, or
(iii) an overseas Higher Education Institution offering only part of their programmes in the United Kingdom, holding their own national accreditation and offering programmes that are of an
equivalent level to a United Kingdom degree; and
(iii) intends to leave the United Kingdom at the end of his visit as stated by him; and
(iv) does not intend to take employment in the United Kingdom; and
(v) does not intend to engage in business, to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
(vi) does not intend to study at a maintained school; and
(vii) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
(viii) can meet the cost of the return or onward journey; and
(ix) is not a child under the age of 18; and
(x) meets the requirements set out in paragraph 41 (ix) - (xii).
Leave to enter as a student visitor
56L. A person seeking leave to enter to the United Kingdom as a student visitor may be admitted for a period not exceeding 6 months, subject to a condition prohibiting employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 56K is met.
Refusal of leave to enter as a student visitor
56M. Leave to enter as a student visitor is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 56K is met.
Part 3 - Persons seeking to enter or remain in the United Kingdom for studies
Immigration rules
Students
Requirements for leave to enter as a student
57. DELETED.
Leave to enter as a student
58. DELETED.
Refusal of leave to enter as a student
59. DELETED.
Requirements for an extension of stay as a student
60. DELETED.
Extension of stay as a student
61. DELETED.
Refusal of extension of stay as a student
62. DELETED.
Student nurses
Definition of a student nurse
63. DELETED.
Requirements for leave to enter as a student nurse
64. DELETED.
Leave to enter the United Kingdom as a student nurse
65. DELETED.
Refusal of leave to enter as a student nurse
66. DELETED.
Requirements for an extension of stay as a student nurse
67. DELETED.
Extension of stay as a student nurse
68. DELETED.
Refusal of extension of stay as a student nurse
69. DELETED.
Re-sits of examinations
Requirements for leave to enter to re-sit an examination
69A. DELETED.
Leave to enter to re-sit an examination
69B. DELETED.
Refusal of leave to enter to re-sit an examination
69C. DELETED.
Requirements for an extension of stay to re-sit an examination
69D. DELETED.
Extension of stay to re-sit an examination
69E. DELETED.
Refusal of extension of stay to re-sit an examination
69F. DELETED.
Writing up a thesis
Requirements for leave to enter to write up a thesis
69G. DELETED.
Leave to enter to write up a thesis
69H. DELETED.
Refusal of leave to enter to write up a thesis
69I. DELETED.
Requirements for an extension of stay to write up a thesis
69J. DELETED.
Extension of stay to write up a thesis
69K. DELETED.
Refusal of extension of stay to write up a thesis
69L. DELETED.
Requirements for leave to enter as an overseas qualified nurse or midwife
69M. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 69P.
Requirements for an extension of stay as an overseas qualified nurse or midwife
69P. The requirements to be met by a person seeking an extension of stay as an overseas qualified nurse or midwife are that the applicant:
(i) has leave to enter or remain as an overseas qualified nurse or midwife in accordance with paragraphs 69M - 69R of these Rules; and
(ii) meets the requirements set out in paragraph 69M (i) - (iii); and
(iv) can provide satisfactory evidence of regular attendance during any previous period of supervised practice or midwife adaptation course; and
(vi)if he has previously been granted leave:
(a) as an overseas qualified nurse or midwife under paragraphs 69M-69R of these Rules, or
(b) to undertake an adaptation course as a student nurse under paragraphs 63 - 69 of these Rules; is not seeking an extension of stay in this category which, when amalgamated with those previous periods of leave, would total more than 18 months; and
(viii) if his previous studies, supervised practice placement or midwife adaptation programme placement were sponsored by a government or international scholarship agency, he has the written consent of his official sponsor to remain in the United Kingdom as an overseas qualified nurse or midwife.
Extension of stay as an overseas qualified nurse or midwife
69Q. An extension of stay as an overseas qualified nurse or midwife may be granted for a period not exceeding 18 months, provided that the Secretary of State is satisfied that each of the requirements of paragraph 69P is met.
Refusal of extension of stay as an overseas qualified nurse or midwife
69R. An extension of stay as an overseas qualified nurse or midwife is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69P is met.
Postgraduate doctors, dentists and trainee general practitioners
Requirements for leave to enter the United Kingdom as a postgraduate doctor or dentist
70. DELETED.
Leave to enter as a postgraduate doctor or dentist
71. DELETED.
Refusal of leave to enter as a postgraduate doctor or dentist
72. DELETED.
Requirements for an extension of stay as a postgraduate doctor or dentist
73. DELETED.
Extension of stay as a postgraduate doctor or dentist
74. DELETED.
Refusal of an extension of stay as a postgraduate doctor or dentist
75. DELETED.
Requirements for leave to enter the United Kingdom to take the PLAB Test
75A. The requirements to be met by a person seeking leave to enter in order to take the PLAB Test are that the applicant:
(i) is a graduate from a medical school and intends to take the PLAB Test in the United Kingdom; and
(ii) can provide documentary evidence of a confirmed test date or of his eligibility to take the PLAB Test; and
(iii) meets the requirements of paragraph 41 (iii) - (vii) for entry as a visitor; and
(iv) intends to leave the United Kingdom at the end of the leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules.
Leave to enter to take the PLAB Test
75B. A person seeking leave to enter the United Kingdom to take the PLAB Test may be admitted for a period not exceeding 6 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 75A is met.
Refusal of leave to enter to take the PLAB Test
75C. Leave to enter the United Kingdom to take the PLAB Test is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 75A is met.
Requirements for an extension of stay in order to take the PLAB Test
75D. The requirements for an extension of stay in the United Kingdom in order to take the PLAB Test are that the applicant:
(i) was given leave to enter the United Kingdom for the purposes of taking the PLAB Test in accordance with paragraph 75B of these Rules; and
(ii) intends to take the PLAB Test and can provide documentary evidence of a confirmed test date; and
(iii) meets the requirements set out in paragraph 41 (iii)-(vii); and
(iv) intends to leave the United Kingdom at the end of the leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules; and
(v) would not as a result of an extension of stay spend more than 18 months in the United Kingdom for the purpose of taking the PLAB Test.
Extension of stay to take the PLAB Test
75E. A person seeking leave to remain in the United Kingdom to take the PLAB Test may be granted an extension of stay for a period not exceeding 6 months, provided the Secretary of State is satisfied that each of the requirements of paragraph 75D is met.
Refusal of extension of stay to take the PLAB Test
75F. Leave to remain in the United Kingdom to take the PLAB Test is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 75D is met.
Requirements for leave to enter to undertake a clinical attachment or dental observer post
75G. The requirements to be met by a person seeking leave to enter to undertake a clinical attachment or dental observer post are that the applicant:
(i) is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the United Kingdom; and
(ii) can provide documentary evidence of the clinical attachment or dental observer post which will:
(a) be unpaid; and
(b) only involve observation, not treatment, of patients; and
(iii) meets the requirements of paragraph 41 (iii ) - (vii) of these Rules; and
(iv) intends to leave the United Kingdom at the end of the leave granted under this paragraph;
(v) if he has previously been granted leave in this category, is not seeking leave to enter which, when amalgamated with those previous periods of leave, would total more than 6 months.
Leave to enter to undertake a clinical attachment or dental observer post
75H. A person seeking leave to enter the United Kingdom to undertake a clinical attachment or dental observer post may be admitted for the period of the clinical attachment or dental observer post, up to a maximum of 6 weeks at a time or 6 months in total in this category, provided the Immigration Officer is satisfied that each of the requirements of paragraph 75G is met.
Refusal of leave to enter to undertake a clinical attachment or dental observer post
75J. Leave to enter the United Kingdom to undertake a clinical attachment or dental observer post is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 75G is met.
Requirements for an extension of stay in order to undertake a clinical attachment or dental observer post
75K. The requirements to be met by a person seeking an extension of stay to undertake a clinical attachment or dental observer post are that the applicant:
(i) was given leave to enter or remain in the United Kingdom to undertake a clinical attachment or dental observer post or:
(a) for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F and has passed both parts of the PLAB Test;
(b) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75; or
(c) as a work permit holder for employment in the UK as a doctor or dentist in accordance with paragraphs 128 to 135; and
(ii) is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the United Kingdom; and
(iii) can provide documentary evidence of the clinical attachment or dental observer post which will:
(a) be unpaid; and
(b) only involve observation, not treatment, of patients; and
(iv) intends to leave the United Kingdom at the end of the leave granted under this paragraph; and
(v) meets the requirements of paragraph 41 (iii) - (vii) of these Rules; and
(vi) if he has previously been granted leave in this category, is not seeking an extension of stay which, when amalgamated with those previous periods of leave, would total more than 6 months.
Extension of stay to undertake a clinical attachment or dental observer post
75L. A person seeking leave to remain in the United Kingdom to undertake a clinical attachment or dental observer post up to a maximum of 6 weeks at a time or 6 months in total in this category, may be granted an extension of stay for the period of their clinical attachment or dental observer post, provided that the Secretary of State is satisfied that each of the requirements of paragraph 75K is met.
Refusal of extension of stay to undertake a clinical attachment or dental observer post
75M. Leave to remain in the United Kingdom to undertake a clinical attachment or dental observer post is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 75K is met.
Spouses or civil partners of students or prospective students granted leave under this part of the Rules
Requirements for leave to enter or remain as the spouse or civil partner of a student or prospective student
76. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student are that:
(i) the applicant is married to or the civil partner of a person admitted to or allowed to remain in the United Kingdom under paragraphs 57-75 or 82-87F; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant s stay and the marriage or the civil partner of is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to take employment except as permitted under paragraph 77 below; and
(vi) the applicant intends to leave the United Kingdom at the end of any period of leave granted to him.
Leave to enter or remain as the spouse or civil partner of a student or prospective student
77. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 76 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.
Refusal of leave to enter or remain as the spouse or civil partner of a student or prospective student
78. Leave to enter or remain as the spouse or civil partner of a student or prospective student is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 76 is met.
Children of students or prospective students granted leave under this part of the Rules
Requirements for leave to enter or remain as the child of a student or prospective student
79. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a student or prospective student are that he:
(i) is the child of a parent admitted to or allowed to remain in the United Kingdom as a student or prospective student under paragraphs 57-75 or 82-87F; and
(ii) is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) is unmarried, has not formed an independent family unit and is not leading an independent life; and
(iv) can, and will, be maintained and accommodated adequately without recourse to public funds; and
(v) will not stay in the United Kingdom beyond any period of leave granted to his parent; and
(vi) meets the requirements of paragraph 79A.
79A. Both of the applicant s parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant, unless:
(i) The student or prospective student is the applicant s sole surviving parent, or
(ii) The student or prospective student parent has and has had sole responsibility for the applicant s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant s care.
Leave to enter or remain as the child of a student or prospective student
80. A person seeking leave to enter or remain in the United Kingdom as the child of a student or prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 79 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.
Refusal of leave to enter or remain as the child of a student or prospective student
81. Leave to enter or remain in the United Kingdom as the child of a student or prospective student is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 79 is met.
Prospective students
Requirements for leave to enter as a prospective student
82. The requirements to be met by a person seeking leave to enter the United Kingdom as a prospective student are that he:
(i) can demonstrate a genuine and realistic intention of undertaking, within 6 months of his date of entry:
(a) a course of study which would meet the requirements for an extension of stay as a student under paragraph 245ZX or paragraph 245ZZC; and
(b) DELETED
(ii) intends to leave the United Kingdom on completion of his studies or on the expiry of his leave to enter if he is not able to meet the requirements for an extension of stay:
(a) as a student in accordance with paragraph 245ZX or paragraph 245ZZC; and
(b) DELETED
(iii) is able without working or recourse to public funds to meet the costs of his intended course and accommodation and the maintenance of himself and any dependants while making arrangements to study and during the course of his studies; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a prospective student
83. A person seeking leave to enter the United Kingdom as a prospective student may be admitted for a period not exceeding 6 months with a condition prohibiting employment, provided he is able to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a prospective student
84. Leave to enter as a prospective student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 82 is met.
Requirements for extension of stay as a prospective student
85. Six months is the maximum permitted leave which may be granted to a prospective student. The requirements for an extension of stay as a prospective student are that the applicant:
(i) was admitted to the United Kingdom with a valid prospective student entry clearance; and
(ii) meets the requirements of paragraph 82; and
(iii) would not, as a result of an extension of stay, spend more than 6 months in the United Kingdom.
Extension of stay as a prospective student
86. An extension of stay as a prospective student may be granted, with a prohibition on employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 85 is met.
Refusal of extension of stay as a prospective student
87. An extension of stay as a prospective student is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 85 is met.
Students unions sabbatical officers
Requirements for leave to enter as a sabbatical officer
87A. DELETED.
Leave to enter the United Kingdom as a sabbatical officer
87B. DELETED.
Refusal of leave to enter the United Kingdom as a sabbatical officer
87C. DELETED.
Requirements for an extension of stay as a sabbatical officer
87D. DELETED.
Extension of stay as a sabbatical officer
87E. DELETED.
Refusal of extension of stay as a sabbatical officer
87F. DELETED.
Part 4 - Persons seeking to enter or remain in the United Kingdom in an "au pair" placement, as a working holidaymaker or for training or work experience
Immigration rules
"Au pair" placements
DELETED
Working holidaymakers
DELETED
Requirements for an extension of stay as a working holidaymaker
98. DELETED
Extension of stay as a working holidaymaker
99. DELETED
Refusal of extension of stay as a working holidaymaker
100. DELETED
Children of working holidaymakers
DELETED
Seasonal agricultural workers
Requirements for leave to enter as a seasonal agricultural worker
104. The requirements to be met by a person seeking leave to enter the United Kingdom as a seasonal agricultural worker are that he:
(i) is a student in full time education aged 18 or over; and
(ii) holds an immigration employment document in the form of a valid Home Office work card issued by the operator of a scheme approved by the Secretary of State; and
(iii) intends to leave the United Kingdom at the end of his period of leave as a seasonal worker; and
(iv) does not intend to take employment except as permitted by his work card and within the terms of this paragraph; and
(v) is not seeking leave to enter on a date less than 3 months from the date on which an earlier period of leave to enter or remain granted to him in this capacity expired; and
(vi) is able to maintain and accommodate himself without recourse to public funds.
Leave to enter as a seasonal agricultural worker
105. A person seeking leave to enter the United Kingdom as a seasonal agricultural worker may be admitted with a condition restricting his freedom to take employment for a period not exceeding 6 months providing the Immigration Officer is satisfied that each of the requirements of paragraph 104 is met.
Refusal of leave to enter as a seasonal agricultural worker
106. Leave to enter the United Kingdom as a seasonal agricultural worker is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 104 is met.
Requirements for extension of stay as a seasonal agricultural worker
107. The requirements for an extension of stay as a seasonal agricultural worker are that the applicant:
(i) entered the United Kingdom as a seasonal agricultural worker under paragraph 105; and
(ii) meets the requirements of paragraph 104 (iii)-(vi); and
(iii) would not, as a result of an extension of stay sought, remain in the United Kingdom as a seasonal agricultural worker beyond 6 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity.
Extension of stay as a seasonal agricultural worker
108. An extension of stay as a seasonal agricultural worker may be granted with a condition restricting his freedom to take employment for a period which does not extend beyond 6 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 107.
Refusal of extension of stay as a seasonal worker
109. An extension of stay as a seasonal worker is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 107 is met.
Requirements for leave to enter as a teacher or language assistant under an approved exchange scheme
DELETED
Home Office approved training or work experience
Requirements for leave to enter for Home Office approved training or work experience
Spouses of persons with limited leave to enter or remain under paragraphs 110-121
DELETED
Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
122. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 are that:
(i) the applicant is married or the civil partner of to a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partners during the applicant s stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and
(vi) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
123. A person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 110-121 provided that, in relation to an application for leave to enter, he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity and he is able to satisfy the Secretary of State that each of the requirements of paragraph 122 (i)-(v) is met.
Refusal of leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
124. Leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 122 (i)-(v) is met.
Children of persons admitted or allowed to remain under paragraphs 110 121
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
125. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 are that:
(i) he is the child of a parent who has limited leave to enter or remain in the United Kingdom under paragraphs 110-121; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) he can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
126. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 110-121 provided that, in relation to an application for leave to enter, he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 125 (i)-(vi) is met.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
127. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival, or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 125 (i)-(vi) is met.
Part 5 - Persons seeking to enter or remain in the United Kingdom for employment
Immigration rules
Work permit employment
Requirements for leave to enter the United Kingdom for work permit employment
128. The requirements to be met by a person coming to the United Kingdom to seek or take employment (unless he is otherwise eligible for admission for employment under these Rules or is eligible for admission as a seaman under contract to join a ship due to leave British waters) are that he:
(i) holds a valid Home Office work permit; and
(ii) is not of an age which puts him outside the limits for employment; and
(iii) is capable of undertaking the employment specified in the work permit; and
(iv) does not intend to take employment except as specified in his work permit; and
(v) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vi) in the case of a person in possession of a work permit which is valid for a period of 12 months or less, intends to leave the United Kingdom at the end of his approved employment; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity except where he holds a work permit valid for 6 months or less or he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter for work permit employment
129. A person seeking leave to enter the United Kingdom for the purpose of work permit employment may be admitted for a period not exceeding the period of employment approved by the Home Office (as specified in his work permit), subject to a condition restricting him to that approved employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, where entry clearance is not required, provided the Immigration Officer is satisfied that each of the requirements of paragraph 128(i)-(vi) is met.
Refusal of leave to enter for employment
130. Leave to enter for the purpose of work permit employment is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, where entry clearance is not required, if the Immigration Officer is not satisfied that each of the requirements of paragraph 128(i)-(vi) is met.
Requirements for an extension of stay for work permit employment
131. The requirements for an extension of stay to seek or take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) are that the applicant:
(i) entered the United Kingdom with a valid work permit under paragraph 129; and
(ii) has written approval from the Home Office for the continuation of his employment; and
(iii) meets the requirements of paragraph 128 (ii)-(v).
131A. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) holds a valid Home Office immigration employment document for employment; and
(iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(v) meets each of the requirements of paragraph 128 (ii) to (vi).
131B. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student nurse overseas qualified nurse or midwife, postgraduate doctor or postgraduate dentist are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student nurse in accordance with paragraphs 63 to 69 of these Rules; or
(ia) entered the United Kingdom or was given leave to remain as an overseas qualified nurse or midwife in accordance with paragraphs 69M to 69R of these Rules; and
(ii) entered the United Kingdom or was given leave to remain as a postgraduate doctor or a postgraduate dentist in accordance with paragraphs 70 to 75 of these Rules; and
(iii) holds a valid Home Office immigration employment document for employment as a nurse, doctor or dentist; and
(iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(v) meets each of the requirements of paragraph 128 (ii) to (vi).
131C The requirements for an extension of stay to take employment for a Science and Engineering Graduate Scheme or International Graduates Scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Science and Engineering Graduate Scheme or International Graduates Scheme participant in accordance with paragraphs 135O to 135T of these Rules; and
(ii) holds a valid Home Office immigration employment document for employment; and
(iii) meets each of the requirements of paragraph 128 (ii) to (vi).
131D.The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a working holidaymaker are that the applicant:
(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
(ii) he has spent more than 12 months in total in the UK in this capacity; and
(iii) holds a valid Home Office immigration employment document for employment in an occupation listed on the Work Permits (UK) shortage occupations list; and
(iv) meets each of the requirements of paragraph 128 (ii) to (vi).
131E The requirements for an extension of stay to take employment for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135E of these Rules; and
(ii) holds a valid work permit; and
(iii) meets each of the requirements of paragraph 128(ii) to (vi).
131F The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for an Innovator are that the applicant:
(i) entered the United Kingdom or was given leave to remain as an Innovator in accordance with paragraphs 210A to 210E of these Rules; and
(ii) holds a valid Home Office immigration employment document for employment; and
(iii) meets each of the requirements of paragraph 128(ii) to (vi).
131G. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for an individual who has leave to enter or leave to remain in the United Kingdom to take the PLAB Test or to undertake a clinical attachment or dental observer post are that the applicant:
(i) entered the United Kingdom or was given leave to remain for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F of these Rules; or
(ii) entered the United Kingdom or was given leave to remain to undertake a clinical attachment or dental observer post in accordance with paragraphs 75G to 75M of these Rules; and
(iii) holds a valid Home Office immigration employment document for employment as a doctor or dentist; and
(iv) meets each of the requirements of paragraph 128 (ii) to (vi).
131H. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
(ii) holds a valid Home Office immigration employment document for employment in Scotland; and
(iii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iv) meets each of the requirements of paragraph 128 (ii) to (vi).
131I. The requirements for an extension of stay to take employment for a Tier 1 Migrant are that the applicant:
(i) entered the UK or was given leave to remain as a Tier 1 Migrant, and
(ii) holds a valid work permit; and
(iii) meets each of the requirements of paragraph 128(ii) to (vi).
Extension of stay for work permit employment
132.An extension of stay for work permit employment may be granted for a period not exceeding the period of approved employment recommended by the Home Office provided the Secretary of State is satisfied that each of the requirements of paragraphs 131, 131A, 131B, 131C, 131D, 131E, 131F, 131G, 131H or 131I is met. An extension of stay is to be subject to a condition restricting the applicant to employment approved by the Home Office.
133.An extension of stay for employment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraphs 131, 131A, 131B, 131C, 131D, 131E, 131F, 131G, 131H or 131I is met (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules).
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:
(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a work permit holder
135. Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.
Highly skilled migrants
Requirements for leave to enter the United Kingdom as a highly skilled migrant
135A. DELETED
Leave to enter as a highly skilled migrant
135B. DELETED
Refusal of leave to enter as a highly skilled migrant
135C. DELETED.
Requirements for an extension of stay as a highly skilled migrant
135D. DELETED
135DA DELETED
135DB DELETED
135DC. DELETED
135DD DELETED
135DE DELETED
135DF. DELETED
135DG. DELETED
135DH. DELETED
Extension of stay as a highly skilled migrant
135E. DELETED
Refusal of extension of stay as a highly skilled migrant
135F. DELETED
Requirements for indefinite leave to remain as a highly skilled migrant
135G. The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:
(i) has spent a continuous period of 5 years (or four years where the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document) lawfully in the United Kingdom, of which the most recent period must have been spent with leave as a highly skilled migrant (in accordance with paragraphs 135A to 135F of these Rules), and the remainder must be made up of leave as a highly skilled migrant, leave as a work permit holder (under paragraphs 128 to 133 of these Rules), or leave as an Innovator (under paragraphs 210A to 210F of these Rules); and
(ii) throughout the five years (or four years where the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document) spent in the United Kingdom has been able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iii) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.
Indefinite leave to remain as a highly skilled migrant
135GA. Indefinite leave to remain may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 135G is met and that the application does not fall for refusal under paragraph 135HA.
Refusal of indefinite leave to remain as a highly skilled migrant
135H. Indefinite leave to remain in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135G is met or if the application falls for refusal under paragraph 135HA.
Additional grounds for refusal for highly skilled migrants
135HA. An application under paragraphs 135A-135C or 135G-135H of these Rules is to be refused, even if the applicant meets all the requirements of those paragraphs, if the Immigration Officer or Secretary of State has cause to doubt the genuineness of any document submitted by the applicant and, having taken reasonable steps to verify the document, has been unable to verify that it is genuine.
Sectors-Based Scheme
Requirements for leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme
135I. DELETED.
Leave to enter for the purpose of employment under the Sectors-Based Scheme
135J. DELETED.
Refusal of leave to enter for the purpose of employment under the Sectors-Based Scheme
135K. DELETED.
Requirements for an extension of stay for Sector-Based employment
135L. DELETED.
Extension of stay for Sectors-Based Scheme employment
135M. DELETED.
Refusal of extension of stay for Sectors-Based Scheme employment
135N. DELETED.
International Graduates Scheme
Requirements for leave to enter as a participant in the International Graduates Scheme
135O. DELETED
Leave to enter as a participant in the International Graduates Scheme
135P. DELETED
Refusal of leave to enter as a participant in the International Graduates Scheme
135Q. DELETED
Requirements for leave to remain as a participant in the International Graduates Scheme
135R. DELETED
Leave to remain as a participant in the International Graduates Scheme
135S. DELETED
Refusal of leave to remain as a participant in the International Graduates Scheme
135T. DELETED
Representatives of overseas newspapers, news agencies and broadcasting organisations
Requirements for leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation
136. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 142 and 143.
Indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation
142. Indefinite leave to remain may be granted, on application, to a representative of an overseas newspaper, news agency or broadcasting organisation provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 139 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation.
143. Indefinite leave to remain in the United Kingdom for a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 142 is met.
143A. DELETED
Leave to enter as a Fresh Talent: Working in Scotland scheme participant
143B. DELETED
Refusal of leave to enter as a Fresh Talent: Working in Scotland scheme participant
143C. DELETED
Requirements for an extension of stay as a Fresh Talent: Working in Scotland scheme participant
143D. DELETED
Extension of stay as a Fresh Talent: Working in Scotland scheme participant
143E. DELETED
Refusal of an extension of stay as a Fresh Talent: Working in Scotland scheme participant
143F. DELETED
Representatives of overseas businesses which have no branch, subsidiary or other representative in the United Kingdom
Requirements for leave to enter as a representative of an overseas business
144. The requirements to be met by a person seeking leave to enter the United Kingdom as a representative of an overseas business are that he:
(i) has been recruited and taken on as an employee outside the United Kingdom of a business which has its headquarters and principal place of business outside the United Kingdom and which has no branch, subsidiary or other representative in the United Kingdom; and
(ii) is seeking entry to the United Kingdom:
(a) as a senior employee with full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the United Kingdom by establishing and operating a registered branch or wholly owned subsidiary of that overseas business, the branch or subsidiary of which will be concerned with same type of business activity as the overseas business; or
(b) as an employee of an overseas newspaper, news agency or broadcasting organisation being posted on a long-term assignment as a representative of their overseas employer.
(iii) where entry is sought under (ii)(a), the person:
(a) will be the sole representative of the employer present in the United Kingdom under the terms of this paragraph;
(b) intends to be employed full time as a representative of that overseas business; and
(c) is not a majority shareholder in that overseas business.
(iv) where entry is sought under (ii)(b), the person intends to work full-time as a representative of their overseas employer.
(v) does not intend to take employment except within the terms of this paragraph; and
(vi) has competence in the English language to the required standard on the basis that
(a) paragraphs 2(b) or (c) of Appendix B of these Rules applies to the person, or
(b) the person is competent in the English language to a basic user standard, including the ability to understand and use familiar everyday expressions, to introduce himself and others and to ask and answer questions about basic personal details, and
(1) provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant s name, the qualification obtained (which must meet or exceed the level that the Secretary of State specifies in the guidance as being required to meet the standard described above) and the date of the award, or
(2) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor s or Master s degree in the UK, and provides the specified evidence to show he has the qualification and:
(i) U K NARIC has confirmed that the degree was taught or researched in English to level C1 of the Council of Europe s Common European Framework for Language Learning or above, or
(ii) the applicant provides the specified evidence to show that the qualification was taught or researched in English; and
(vii) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(viii) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a representative of an overseas business
145. A person seeking leave to enter the United Kingdom as a representative of an overseas business may be admitted for a period not exceeding 3 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity, and his leave may be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment other than working for the business which the applicant has been admitted to represent.
Refusal of leave to enter as a representative of an overseas business
146. Leave to enter as a representative of an overseas business is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a representative of an overseas business
147. The requirements for an extension of stay as a representative of an overseas business are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as:
(a) a sole representative of an overseas business, including entry under the rules providing for the admission of sole representatives in force prior to 1 October 2009; or
(b) a representative of an overseas newspaper, news agency or broadcasting organisation;
(ii) the person was admitted in accordance with paragraph 144(ii)(a) and can show that:
(a) the overseas business still has its headquarters and principal place of business outside the United Kingdom; and
(b) he is employed full time as a representative of that overseas business and has established and is in charge of its registered branch or wholly owned subsidiary; and
(c) he is still required for the employment in question, as certified by his employer;
(iii) the person was admitted in accordance with paragraph 144(ii)(b) and can show that:
(a) he is still engaged in the employment for which the entry clearance was granted; and
(b) he is still required for the employment in question, as certified by his employer.
(iv) does not intend to take employment except within the terms of this paragraph; and
(v) can maintain and accommodate himself and any dependants adequately without recourse to public funds.
Extension of stay as a representative of an overseas business
148. An extension of stay as a representative of an overseas business may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 147 is met. The extension of stay will be granted for:
(i) a period not exceeding 2 years, unless paragraph (ii) applies.
(ii) a period not exceeding 3 years, if the applicant was last granted leave prior to 1 October 2009, and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment other than working for the business which the applicant has been admitted to represent.
Refusal of extension of stay as a representative of an overseas business
149. An extension of stay as a representative of an overseas business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 147 is met.
Indefinite leave to remain for a representative of an overseas business
150. Indefinite leave to remain may be granted, on application, to a representative of an overseas business provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 147 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a sole representative of an overseas business
151. Indefinite leave to remain in the United Kingdom for a representative of an overseas business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 150 is met.
Private servants in diplomatic households
Requirements for leave to enter as a private servant in a diplomatic household
152. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 158 and 159.
Indefinite leave to remain for a servant in a diplomatic household
158. Indefinite leave to remain may be granted, on application, to a private servant in a diplomatic household provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 155 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a servant in a diplomatic household
159. Indefinite leave to remain in the United Kingdom for a private servant in a diplomatic household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 158 is met.
Domestic workers in private households
Requirements for leave to enter as a domestic worker in a private household
159A. The requirements to be met by a person seeking leave to enter the United Kingdom as a domestic worker in a private household are that he:
(i) is aged 18-65 inclusive;
(ii) has been employed as a domestic worker for one year or more immediately prior to application for entry clearance under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;
(iii) that he intends to travel to the United Kingdom in the company of his employer, his employer s spouse or civil partner or his employer s minor child;
(iv) intends to work full time as a domestic worker under the same roof as his employer or in a household that the employer uses for himself on a regular basis and where there is evidence that there is a connection between employer and employee;
(v) does not intend to take employment except within the terms of this paragraph; and
(vi) can maintain and accommodate himself adequately without recourse to public funds; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a domestic worker in a private household
159B. A person seeking leave to enter the United Kingdom as a domestic worker in a private household may be given leave to enter for that purpose for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a domestic worker in a private household
159C. Leave to enter as a domestic worker in a private household is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for extension of stay as a domestic worker in a private household
159D. The requirements for an extension of stay as a domestic worker in a private household are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a domestic worker in a private household; and
(ii) has continued to be employed for the duration of his leave as a domestic worker in a private household; and
(iii) continues to be required for employment for the period of the extension sought as a domestic worker in a private household within the terms of paragraph 159A as certified by his current employer; and
(iv) meets each of the requirements of paragraph 159A(i) to (vi).
Extension of stay as a domestic worker in a private household
159E. An extension of stay as a domestic worker in a private household may be granted for a period not exceeding 12 months at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 159D is met.
Refusal of extension of stay as a domestic worker in a private household
159F. An extension of stay as a domestic worker may be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 159D is met.
Indefinite leave to remain for a domestic worker in a private household
159G. Indefinite leave to remain may be granted, on application, to a domestic worker in a private household provided that:
(i) he has spent a continuous period of 5 years in the United Kingdom employed in this capacity; and
(ii) he has met the requirements of paragraph 159A throughout the 5 year period; and
(iii) he is still required for employment as a domestic worker in a private household, as certified by the current employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a domestic worker in a private household
159H. Indefinite leave to remain in the United Kingdom for a domestic worker in a private household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 159G is met.
Overseas government employees
Requirements for leave to enter as an overseas government employee
160. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 167 and 168.
Indefinite leave to remain for an overseas government employee
167. Indefinite leave to remain may be granted, on application, to an overseas government employee provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 164 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for an overseas government employee
168. Indefinite leave to remain in the United Kingdom for an overseas government employee is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 167 is met.
169. For the purposes of these Rules:
(i) a minister of religion means a religious functionary whose main regular duties comprise the leading of a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed;
(ii) a missionary means a person who is directly engaged in spreading a religious doctrine and whose work is not in essence administrative or clerical;
(iii) a member of a religious order means a person who is coming to live in a community run by that order.
Requirements for leave to enter as a minister of religion, missionary, or member of a religious order
170. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 176 AND 177.
Refusal of extension of stay as a minister of religion, missionary or member of a religious order
175. An extension of stay as a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 173 or 174A is met.
Indefinite leave to remain for a minister of religion, missionary or member of a religious order
176. Indefinite leave to remain may be granted, on application, to a person admitted as a minister of religion, missionary or member of a religious order provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 173 or 174A throughout the 5 year period; and
(iii) he is still required for the employment in question as certified by the leadership of his congregation, his employer or the head of the religious order to which he belongs; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a minister of religion, missionary or member of a religious order
177. Indefinite leave to remain in the United Kingdom for a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 176 is met.
177A. DELETED
Requirements for leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role
DELETED
Leave to enter as a visiting religious worker or a religious worker in a non-pastoral role
177C. DELETED
177D. DELETED
Requirements for an extension of stay as a visiting religious worker or a religious worker in a non pastoral role
177E. DELETED
Extension of stay as a visiting religious worker or a religious worker in a non-pastoral role
177F. DELETED
Refusal of an extension of stay as a visiting religious worker or a religious worker in a non pastoral role
177G. DELETED
Airport based operational ground staff of overseas-owned airlines
Requirements for leave to enter the United Kingdom as a member of the operational ground staff of an overseas-owned airline
178. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 184 and 185.
Indefinite leave to remain for a member of the operational ground staff of an overseas owned airline
184. Indefinite leave to remain may be granted, on application, to a member of the operational ground staff of an overseas-owned airline provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 181 throughout the 5 year period; and
(iii) he is still required for the employment in question as certified by the employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a member of the operational ground staff of an overseas owned airline
185. Indefinite leave to remain in the United Kingdom for a member of the operational ground staff of an overseas owned airline is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 184 is met.
Persons with United Kingdom ancestry
Requirements for leave to enter on the grounds of United Kingdom ancestry
186. The requirements to be met by a person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry are that he:
(i) is a Commonwealth citizen; and
(ii) is aged 17 or over; and
(iii) is able to provide proof that one of his grandparents was born in the United Kingdom and Islands and that any such grandparent is the applicant s blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and
(iv) is able to work and intends to take or seek employment in the United Kingdom; and
(v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter the United Kingdom on the grounds of United Kingdom ancestry
187. A person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry may be given leave to enter for a period not exceeding 5 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter on the grounds of United Kingdom ancestry
188. Leave to enter the United Kingdom on the grounds of United Kingdom ancestry is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay on the grounds of United Kingdom ancestry
189. The requirements to be met by a person seeking an extension of stay on the grounds of United Kingdom ancestry are that:
(i) he is able to meet each of the requirements of paragraph 186 (i)-(v); and
(ii) he was admitted to the United Kingdom on the grounds of United Kingdom ancestry in accordance with paragraphs 186 to 188 or has been granted an extension of stay in this capacity.
Extension of stay on the grounds of United Kingdom ancestry
190. An extension of stay on the grounds of United Kingdom ancestry may be granted for a period not exceeding 5 years provided the Secretary of State is satisfied that each of the requirements of paragraph 189 is met.
Refusal of extension of stay on the grounds of United Kingdom ancestry
191. An extension of stay on the grounds of United Kingdom ancestry is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 189 is met.
Indefinite leave to remain on the grounds of United Kingdom ancestry
192. Indefinite leave to remain may be granted, on application, to a Commonwealth citizen with a United Kingdom born grandparent provided:
(i) he meets the requirements of paragraph 186 (i)-(v); and
(ii) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain on the grounds of United Kingdom ancestry
193. Indefinite leave to remain in the United Kingdom on the grounds of a United Kingdom born grandparent is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 192 is met.
Spouses or civil partners of persons who have or have had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K)
Requirements for leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
194. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:
(i) the applicant is married to or a civil partner of a person with limited leave to enter in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant s stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
195. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) provided the Immigration Officer is satisfied that each of the requirements of paragraph 194 is met. If the person is seeking leave to enter as the spouse or civil partner of a Highly Skilled Migrant, leave which is granted will be subject to a condition prohibiting Employment as a Doctor in Training.
Refusal of leave to enter as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196. Leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 194 is met.
Requirements for extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
(i) is married to or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); or
(ii) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
(iii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
(iv) meets the requirements of paragraph 194(ii) - (v); and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196B. An extension of stay in the United Kingdom as:
(i) the spouse or civil partner of a person who has limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted for a period not in excess of that granted to the person with limited leave to enter or remain; or
(ii) the spouse or civil partner of a person who is being admitted at the same time for settlement, or the spouse or civil partner of a person who has indefinite leave to remain, may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 196A is met.
If the person is seeking an extension of stay as the spouse or civil partner, of a Highly Skilled Migrant, leave which is granted will be subject to a condition prohibiting Employment as a Doctor in Training, unless the applicant has, or has last been granted, entry clearance, leave to enter or remain (which was not subject to a condition prohibiting Employment as a Doctor in Training), as the spouse or civil partner, unmarried or same-sex partner of a migrant granted leave under Parts 3, 4, 5 or 6 of these Rules.
Refusal of extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196C. An extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 196A is met.
Requirements for indefinite leave to remain for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 194(ii) - (v); and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196E. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.
Refusal of indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
196F. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 194D is met.
Children of persons with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135i-135k)
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
197. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:
(i) he is the child of a parent with limited leave to enter or remain in the United Kingdom under paragraphs 128-193(but not paragraphs 135I-135K); and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
198. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) .
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
199. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met. An application for indefinite leave to remain in this category is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) .
Multiple entry work permit employment
Requirements for leave to enter for Multiple Entry work permit employment
199A. The requirements to be met by a person coming to the United Kingdom to seek or take Multiple Entry work permit employment are that he:
(i) holds a valid work permit;
(ii) is not of an age which puts him outside the limits for employment;
(iii) is capable of undertaking the employment specified in the work permit;
(iv) does not intend to take employment except as specified in his work permit;
(v) is able to maintain and accommodate himself adequately without recourse to public funds; and
(vi) intends to leave the United Kingdom at the end of the employment covered by the Multiple Entry work permit and holds a valid United Kingdom Entry clearance for entry into this capacity excepts where he holds a work permit valid for 6 months or less or he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 ia a British subject.
Leave to enter for Multiple Entry work permit employment
199B. A person seeking leave to enter the United Kingdom for the purpose of Multiple Entry work permit employment may be admitted for a period not exceeding 2 years provided that the Immigration Officer is satisfied that each of the requirements of paragraph 199A are met.
Refusal of leave to enter for Multiple Entry work permit employment
199C. Leave to enter for the purpose of Multiple Entry work permit employment is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 199A is met.
Part 6 - Persons seeking to enter or remain in the United Kingdom as a businessman, self-employed person, investor, writer, composer or artist
Immigration rules
Persons intending to establish themselves in business
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business
200. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
201. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
202. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
203. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Leave to enter the United Kingdom as a person seeking to establish himself in business
204. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of leave to enter the United Kingdom as a person seeking to establish himself in business
205. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Requirements for an extension of stay in order to remain in business
206. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206A. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206B. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206C. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206D. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206E. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206F. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206G. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206H. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
206I. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Extension of stay in order to remain in business
207. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of extension of stay in order to remain in business
208. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 209. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Indefinite leave to remain for a person established in business
209. Indefinite leave to remain may be granted, on application, to a person established in business provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity and is still engaged in the business in question; and
(ii) has met the requirements of paragraph 206 throughout the 5 year period; and
(iii) submits audited accounts for the first 4 years of trading and management accounts for the 5th year.; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a person established in business
210. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 209 is met.
Innovators
Requirements for leave to enter the United Kingdom as an innovator
210A. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Leave to enter as an innovator
210B. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of leave to enter as an innovator
210C. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Requirements for an extension of stay as an innovator
210D. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DA. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DB. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DC. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DD. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DE. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DF. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DG. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DH. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
210DI. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Extension of stay as an innovator
210E. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of extension of stay as an innovator
210F. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 210G. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Indefinite leave to remain for an innovator
210G. Indefinite leave to remain may be granted, on application, to a person currently with leave as an innovator provided that he:
(i) has spent a continuous period of at least 5 years leave in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 210D throughout the 5 year period; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain as an innovator
210H. Indefinite leave to remain in the United Kingdom as a person currently with leave as a innovator is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 210G is met.
Persons intending to establish themselves in business under provisions of EC Association Agreements
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business under the provisions of an EC Association Agreement
211 - 221 DELETED
Indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
222. Indefinite leave to remain may be granted, on application, to a person established in business provided he -
(i) is a national of Bulgaria or Romania; and
(ii) entered the United Kingdom with a valid United Kingdom entry clearance as a person intending to establish himself in business under the provisions of an EC Association Agreement; and
(iii) was granted an extension of stay before 1st January 2007 in order to remain in business under the provisions of the Agreement; and
(iv) established himself in business in the United Kingdom, spent a continuous period of 5 years in the United Kingdom in this capacity and is still so engaged; and
(v) met the requirements of paragraph 222A throughout the period of 5 years; and
(vi) submits audited accounts for the first 4 years of trading and management accounts for the 5th year; and
(vii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
222A. The requirements mentioned in paragraph 222(v) are that throughout the period of 5 years -
(i) the applicant s share of the profits of the business has been sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(ii) he has not supplemented his business activities by taking or seeking employment in the United Kingdom (other than his work for the business); and
(iii) he has satisfied the requirements in paragraph 222B or 222C.
222B. Where the applicant has established himself in a company in the United Kingdom which he effectively controls, the requirements for the purpose of paragraph 222A(iii) are that -
(i) the applicant has been actively involved in the promotion and management of the company; and
(ii) he has had a controlling interest in the company; and
(iii) the company was registered in the United Kingdom and has been trading or providing services in the United Kingdom; and
(iv) the company owned the assets of the business.
222C. Where the applicant has established himself as a sole trader or in a partnership in the United Kingdom, the requirements for the purpose of paragraph 222A(iii) are that -
(i) the applicant has been actively involved in trading or providing services on his own account or in a partnership in the United Kingdom; and
(ii) the applicant owned, or together with his partners owned, the assets of the business; and
(iii) in the case of a partnership, the applicant s part in the business did not amount to disguised employment.
Refusal of indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
223. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 222 is met.
223A. Notwithstanding paragraph 5, paragraphs 222 to 223 shall apply to a person who is entitled to remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.
Requirements for leave to enter the United Kingdom as an investor
224. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Leave to enter as an investor
225. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of leave to enter as an investor
226. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Requirements for an extension of stay as an investor
Extension of stay as an investor
227. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
227A. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
227B. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
227C. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
227D. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
227E. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
228. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of extension of stay as an investor
229. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 230. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Indefinite leave to remain for an investor
230. Indefinite leave to remain may be granted, on application, to a person admitted as an investor provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 227 throughout the 5 year period including the requirement as to the investment of £750,000 and continues to do so; and
(iii) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for an investor
231. Indefinite leave to remain in the United Kingdom for an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 230 is met.
Writers, composers and artists
Requirements for leave to enter the United Kingdom as a writer, composer or artist
232. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 238. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Leave to enter as a writer, composer or artist
233. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 238. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of leave to enter as a writer, composer or artist
234. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 238. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Requirements for an extension of stay as a writer, composer or artist
235. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 238. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Extension of stay as a writer, composer or artist
236. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 238. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Refusal of extension of stay as a writer, composer or artist
237. Deleted on 30 June 2008 by paragraph 17 of Statement of Changes HC 607 except insofar as relevant to paragraph 238. Please see Appendix F for the wording of these Rules in a case in which they are relevant.
Indefinite leave to remain for a writer, composer or artist
238. Indefinite leave to remain may be granted, on application, to a person admitted as a writer, composer or artist provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirement of paragraph 235 throughout the 5 year period; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a writer, composer or artist
239. Indefinite leave to remain for a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 238 is met.
Spouses of persons with limited leave to enter or remain under paragraphs 200-239
Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain under paragraphs 200-239
240. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 are that:
(i) the applicant is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant s stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse or civil partner; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
241. A person seeking limited leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 200-239 provided the Immigration Officer is satisfied that each of the requirements of paragraph 240 is met.
Refusal of leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
242. Leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 240 is met.
Requirements for extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 200 - 239 are that the applicant:
(i) is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239; or
(ii) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time; or
(iii) is married to or civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 200-239 immediately before being granted indefinite leave to remain; and
(iv) meets the requirements of paragraph 240(ii) - (v); and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242B. An extension of stay in the United Kingdom as:
(i) the spouse or civil partner of a person who has limited leave to enter or remain under paragraphs 200-239 may be granted for a period not in excess of that granted to the person with limited to enter or remain; or
(ii) the spouse or civil partner of a person who is being admitted at the same time for settlement or the spouse or civil partner of a person who has indefinite leave to remain may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 242A is met.
Refusal of extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242C. An extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 200 - 239 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 242A is met.
Requirements for indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200 - 239 are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain under paragraphs 200 - 239 immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 240 (ii) to (v);
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless the applicant is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242E. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 200 - 239 may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 242D is met.
Refusal of indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242F. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 200 - 239 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 242D is met.
Children of persons with limited leave to enter or remain under paragraphs 200-239
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
243. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 are that:
(i) he is the child of a parent who has leave to enter or remain in the United Kingdom under paragraphs 200-239; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
244. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs under paragraphs 200-239 may be admitted to or allowed to remain in the United Kingdom for the same period of leave as that granted to the person given limited leave to enter or remain under paragraphs 200-239 provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
245. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 243 (i) - (vi) is met. An application for indefinite leave to remain in this capacity is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.
Part 6A - Points-based system
Immigration rules
245AA. Documentary evidence
(a) Where Part 6A or Appendices A to C, or E of these Rules state that specified documents must be provided, that means documents specified by the Secretary of State in the Points Based System Policy Guidance as being specified documents for the route under which the applicant is applying. If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence.
(b) If the Entry Clearance Officer or Secretary of State has reasonable cause to doubt the genuineness of any document submitted by an applicant which is, or which purports to be, a specified document under Part 6A or Appendices A to C, or E of these Rules and having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of this application.
Tier 1 (General) Migrants
245A. Purpose
This route is for highly skilled migrants who wish to work, or become self-employed in the UK.
245B. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (General) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) DELETED.
(b) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(c) The applicant must have a minimum of 75 points under paragraphs 1 to 31 of Appendix A.
(d) The applicant must have 10 points under paragraphs 1 to 2 of Appendix B.
(e) The applicant must have 10 points under paragraphs 1 to 3 of Appendix C.
(f) An applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Highly Skilled Migrant,
(ii) as a Tier 1 (General) Migrant,
(iii) as an Innovator,
(iv) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(vi) as a Postgraduate Doctor or Dentist,
(vii) as a Student,
(viii) as a Student Nurse,
(ix) as a Student Re-Sitting an Examination,
(x) as a Student Writing-Up a Thesis,
(xi) as a Work Permit Holder,
(xii) as a Businessperson,
(xiii) as a Self-employed Lawyer,
(xiv) as a Tier 1 (Entrepreneur) Migrant,
(xv) as a Tier 1 (Investor) Migrant,
(xvi) as a Tier 1 (Post-Study Work) Migrant,
(xvii) as a Writer, Composer or Artist,
(xviii) as a Tier 2 Migrant, or
(xix) as a Tier 4 Migrant.
(g) An applicant who has, or was last granted, leave as a Student, Postgraduate Doctor or Dentist, Student Nurse, Student Re-Sitting an Examination, Student Writing-Up a Thesis or as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this consent has been obtained.
245D. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years.
(b) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (General) Migrant,
(ii) for a period of 3 years, to any other applicant.
(c) Entry clearance and leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training, unless the applicant is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting their employment, whether that is employment as a Doctor in Training or otherwise, and has been employed during that leave on an NHS Foundation Programme or as a Doctor in Training.
245E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant,
(ii) as a Highly Skilled Migrant,
(iii) as a Work Permit Holder,
(iv) as an Innovator,
(v) as a Self-Employed Lawyer,
(vi) as a Writer, Composer or Artist,
(vii) as a Tier 2 Migrant or
Where the application is being made under terms of the HSMP ILR Judicial review Policy Document, a continuous period of 4 years lawfully in the UK, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
(i) as a Tier 1 (General) Migrant;
(ii) as a Highly Skilled Migrant;
(iii) as a Work permit Holder; or
(iv) as an Innovator.
(c) The applicant must be economically active in the UK, in employment or self-employment or both.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.
245F. Transitional arrangements
This paragraph makes special provision for applicants who on 29 February 2008 are in the UK, or on 1 April 2008 are in India, and who are in the process of applying to become a Highly Skilled Migrant. It will also be relevant to applicants who have, or have last been granted, leave to remain as a Highly Skilled Migrant, who are Self-Employed, and who fall within subparagraph (c) below.
(a) If an applicant has made an application for entry clearance in India as a Highly Skilled Migrant before 1 April 2008, and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 31 March 2008 as set out in Appendix D.
(b) If an applicant has made an application for limited leave to remain as a Highly Skilled Migrant before 29 February 2008, and the application has not been decided before that date, it will be decided in accordance with these Rules in force on 28 February 2008 as set out in Appendix D.
(c) If an applicant has made an application in India for entry clearance on or after 1 April 2008, or has made an application in the UK for limited leave to remain on or after 29 February 2008, and has submitted with that application a valid Highly Skilled Migrant Programme Approval Letter, the applicant will be automatically awarded 75 points under Appendix A and 10 points under Appendix B.
(ca) If an applicant has made an application other than in India for entry clearance on or after 30th June 2008, and has submitted with that application a valid Highly Skilled Migrant Programme Approval Letter, the applicant will be automatically awarded 75 points under Appendix A and 10 points under Appendix B.
Requirements:
(i) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(ii) The applicant must have, or have last been granted, entry clearance, leave to enter or remain as a Highly Skilled Migrant which was granted in accordance with these Rules in force on or before 8 November 2006.
(iii) The applicant must have become Self-Employed in the UK whilst having leave as a Highly Skilled Migrant, and must provide the specified documents.
(iv) The applicant must have been Self-Employed for at least 4 months prior to the date the current application for leave to remain was made, and the specified documents must be provided.
(v) The applicant must have ongoing business commitments for at least 6 months after the date the current application for leave to remain was made, and the specified documents must be provided.
(vi) The applicant must have 10 points under Appendix B.
(vii) The applicant must have 10 points under Appendix C.
If the requirements above are met, leave to remain as a Tier 1 (General) Migrant will be granted for a period of 3 years, subject to the conditions in paragraph 245D(c) above.
245G. DELETED
Tier 1 (Entrepreneur) Migrants
245H. Purpose of this route and meaning of business
(a) This route is for migrants who wish to establish, join or take over one or more businesses in the UK.
(b) For the purpose of paragraphs 245G to 245N and paragraphs 32 to 41 of Appendix A business means an enterprise as:
(i) a sole trader,
(ii) a partnership, or
(iii) a company registered in the UK.
245I. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Entrepreneur) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245J. Requirements for entry clearance
To qualify for entry clearance as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets those requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 32 to 41 of Appendix A.
(c) The applicant must have a minimum of 10 points under paragraph 1 to 3 of Appendix B.
(d) The applicant must have a minimum of 10 points under paragraph 1 to 2 of Appendix C.
(e) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Writing-Up a Thesis, a Student Re-Sitting an Examination or as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
245K. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment other than working for the business(es) the applicant has established, joined or taken over.
245L. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have a minimum of 75 points under paragraphs 32 to 41 of Appendix A.
(c) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.
(d) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Highly Skilled Migrant,
(ii) as a Tier 1 (General) Migrant,
(iii) as a Tier 1 (Entrepreneur) Migrant,
(iv) as a Tier 1 (Investor) Migrant,
(v) as a Tier 1 (Post-Study Work) Migrant,
(vi) as a Businessperson,
(vii) as an Innovator,
(viii) as an Investor,
(ix) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(x) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(xi) as a Postgraduate Doctor or Dentist,
(xii) as a Self-employed Lawyer,
(xiii) as a Student,
(xiv) as a Student Nurse,
(xv) as a Student Re-sitting an Examination,
(xvi) as a Student Writing Up a Thesis,
(xvii) as a Work Permit Holder,
(xviii) as a Writer, Composer or Artist,
(xix) as a Tier 2 Migrant, or
(xx) as a Tier 4 Migrant.
(f) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, Student Nurse, Student Re-Sitting an Examination, a Student Writing-Up a Thesis or as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
245M. Period, conditions and curtailment of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant,
(ii) for a period of 3 years, to any other applicant.
(b) Leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment, other than working for the business or businesses which he
has established, joined or taken over.
(c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain granted to a Tier 1 (Entrepreneur) Migrant may be curtailed if, within 3 months of the date specified in paragraph (d), the applicant has not done one or more of the following things:
(i) registered with HM Revenue and Customs as self-employed,
(ii) registered a new business in which he is a director, or
(iii) registered as a director of an existing business.
(d) The date referred to in paragraph (c) is:
(i) the date of the applicant s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is evidence to establish the applicant s date of entry to the UK,
(ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is no evidence to establish the applicant s date of entry to the UK, or
(iii) the date of the grant of leave to remain to the applicant, in any other case.
(e) Paragraph 245M(c) does not apply where the applicant s last grant of leave prior to the grant of the leave that he currently has was as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.
245N. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be engaged in business activity at the time of his application and the applicant must provide specified evidence to show this.
(c) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant, in any combination of the following categories:
(i) as a Tier 1 (Entrepreneur) Migrant,
(ii) as a Businessperson,
(iii) as an Innovator.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
Tier 1 (Investor) migrants
245O. Purpose
This route is for high net worth individuals making a substantial financial investment to the UK.
245P. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Investor) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245Q. Requirements for entry clearance
To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 42 to 50 of Appendix A.
(c) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis or as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
245R. Period and conditions of grant
(a) Entry clearance will be granted for a period of 3 years and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training.
245S. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have a minimum of 75 points under paragraphs 42 to 50 of Appendix A.
(c) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:
(i) as a Highly Skilled Migrant,
(ii) as a Tier 1 (General) Migrant,
(iii) as a Tier 1 (Entrepreneur) Migrant,
(iv) as a Tier 1 (Investor) Migrant,
(v) as a Tier 1 (Post-Study Work) Migrant,
(vi) as a Businessperson,
(vii) as an Innovator,
(viii) as an Investor,
(ix) as a Student,
(x) as a Student Nurse,
(xi) as a Student Re-Sitting an Examination,
(xii) as a Student Writing Up a Thesis,
(xiii) as a Work Permit Holder,
(xiv) as a Writer, Composer or Artist,
(xv) as a Tier 2 Migrant, or
(xiv) as a Tier 4 Migrant.
(d) An applicant who has, or was last granted, leave as a Student Nurse, Student Re-Sitting an Examination, Student Writing-Up a Thesis or as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency,
or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
245T. Period, conditions and curtailment of grant
(a) Leave to remain will be granted:
(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Investor) Migrant,
(ii) for a period of 3 years, to any other applicant.
(b) Leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training, unless the applicant has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting their employment, whether that is employment as a Doctor in Training or otherwise, and has been employed during that leave on an NHS Foundation Programme or as a Doctor in Training.
(c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain as a Tier 1 (Investor) Migrant may be curtailed if within 3 months of the date specified in paragraph (d), the applicant has not invested, or had invested on his behalf, at least £750,000 of his capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment.
(d) The date referred to in paragraph (c) is:
(i) the date of the applicant s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is evidence to establish the applicant s date of entry to the UK,
(ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is no evidence to establish the applicant s date of entry to the UK, or
(iii) the date of the grant of leave to remain to the applicant, in any other case.
(e) Paragraph 245T(c) does not apply where the applicant s last grant of leave prior to the grant of the leave that he currently has was as a Tier 1 (Investor) Migrant or as an Investor.
245U. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (Investor) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refuseds.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (Investor) Migrant, in any combination of the following categories:
(i) as a Tier 1 (Investor) Migrant,
(ii) as an Investor.
(c) The applicant must have maintained the investment referred to in Table 8 of Appendix A throughout the period of 5 years referred to in subparagraph (b) above other than in the first 3 months of that period and, in relation to time spent with leave as a Tier 1 (Investor) Migrant, the applicant must provide specified documents to show that this requirement has been met.
(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
Tier 1 (Post-Study Work) migrants
245V. Purpose
The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.
245W. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245X. Requirements for entry clearance
To qualify for entry clearance as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme), or as a Participant in the Fresh Talent: Working in Scotland Scheme.
(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.
(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
(f) If:
(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 51 to 58 of Appendix A were sponsored by a Government or international scholarship agency, and
(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to
the application and must provide the specified documents to show that this requirement has been met.
245Y. Period and conditions of grant
Entry clearance will be granted for a period of 2 years and will be subject to the following conditions:
(a) no recourse to public funds,
(b) registration with the police, if this is required by paragraph 326 of these Rules, and
(c) no Employment as a Doctor in Training.
245Z. Requirements for leave to remain
To qualify for leave to remain as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. Subject to paragraph 245ZA(i), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) migrant.
(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.
(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(ii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(iii) as a Student, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,
(iv) as a Student Nurse, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,
(v) as a Student Re-Sitting an Examination, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,
(vi) as a Student Writing Up a Thesis, provided the applicant has not previously been granted leave as a Tier 1 Migrant or in any of the categories referred to in paragraphs (i) and (ii) above, or
(vii) as a Tier 4 Migrant, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above.
(g) An applicant who has, or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme must be a British National (Overseas), British overseas territories citizen, British Overseas citizen, British protected person or a British subject as defined in the British Nationality Act 1981.
(h) If:
(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 51 to 58 of Appendix A were sponsored by a Government or international scholarship agency, and
(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
245ZA. Period and conditions of grant
(a) Leave to remain will be granted:
(i) for a period of the difference between 2 years and the period of the last grant of entry clearance, leave to enter or remain , to an applicant who has or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme, as a Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduates Scheme). If this calculation results in no grant of leave then leave to remain is to be refused;
(ii) for a period of 2 years, to any other applicant.
(b) Leave to remain under this route will be subject to the following conditions:
(i) no access to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no Employment as a Doctor in Training, unless the applicant has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting their employment, whether that is employment as a Doctor in Training or otherwise, and has been employed during that leave on an NHS Foundation Programme or as a Doctor in Training.
TIER 2 MIGRANTS
245ZB. Purpose of this route and definitions
(a) This route enables UK employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker.
(b) In paragraphs 245ZB to 245ZL and paragraphs 59 to 100 of Appendix A:
"employment" includes unpaid employment,
"length of the period of engagement" is the period beginning with the employment start date as recorded on the Certificate of Sponsorship Checking Service entry which relates to the Certificate of Sponsorship reference number for which the migrant was awarded points under paragraphs 59 to 100 of Appendix A and ending on the employment end date as recorded in the same entry, and
"working for the same employer" includes working for the same business or concern as at the time of the earlier grant of leave if that business or concern has, since that date, merged or been taken over by another entity.
245ZC. Entry clearance
All migrants arriving in the UK and wishing to enter as a Tier 2 Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245ZD. Requirements for entry clearance
To qualify for entry clearance as a Tier 2 Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) If applying as a Tier 2 (General) Migrant or as a Tier 2 (Intra-Company Transfer) Migrant, the applicant must have a minimum of 50 points under paragraphs 59 to 84 of Appendix A.
(c) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92 of Appendix A.
(d) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.
(e) Unless the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant, the applicant must have a minimum of 10 points under paragraphs 4 to 6 of Appendix B.
(f) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
(g) An applicant who has, or was last granted, leave as a Student, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis, a Postgraduate Doctor or Dentist or a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
(h) The applicant must be at least 16 years old.
(i) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares unless applying as a Tier 2 (Intra-Company Transfer) Migrant.
245ZE. Period and conditions of grant
(a) Entry clearance will be granted for:
(i) a period equal to the length of the period of engagement plus 1 month, or
(ii) a period of 3 years and 1 month whichever is the shorter.
(b) Entry clearance will be granted with effect from 14 days before the date that the Certificate of Sponsorship Checking Service records as the start date for the applicant s employment in the UK, unless entry clearance is being granted less than 14 days before that date, in which case it will be granted with immediate effect.
(c) Entry clearance will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment except:
(1) working for the Sponsor in the employment that the Certificate of Sponsorship
Checking Service records that the migrant is being sponsored to do,
(2) supplementary employment, and
(3) voluntary work.
(e) (i) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 59 to 84 of Appendix A including points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted entry clearance as a Tier 2 (Intra-Company Transfer) Migrant.
(ii) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 59 to 84 of Appendix A but who do not obtain points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted entry clearance as a Tier 2 (General) Migrant.
(iii) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 85 to 92 of Appendix A shall be granted entry clearance as a Tier 2 (Minister of Religion) Migrant.
(iv) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 93 to 100 of Appendix A shall be granted entry clearance as a Tier 2 (Sportsperson) Migrant.
245ZF. Requirements for leave to remain
To qualify for leave to remain as a Tier 2 Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant:
(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:
(1) a Tier 2 (Intra-Company Transfer) Migrant,
(2) as a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an intra-company transfer, or
(3) as a Representative of an Overseas Business, and
(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.
(c) If the applicant is applying for leave to remain as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Tier 1 Migrant,
(ii) as a Tier 2 Migrant,
(iii) as a Highly Skilled Migrant,
(iv) as an Innovator,
(v) as a Jewish Agency Employee,
(vi) as a Member of the Operational Ground Staff of an Overseas-owned Airline,
(vii) as a Minister of Religion, Missionary or Member of a Religious Order,
(viii) as an Overseas Qualified Nurse or Midwife,
(ix) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(x) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(xi) as a Person Writing Up a Thesis,
(xii) as a Postgraduate Doctor or Dentist,
(xiii) as a Qualifying Work Permit Holder,
(xv) as a Representative of an Overseas Business
(xiv) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(xvi) as a Student,
(xvii) as a Student Re-Sitting an Examination,
(xviii) as a Student Nurse,
(xix) as a Student Union Sabbatical Officer,
(xx) as a Tier 4 Migrant, or
(xxi) as a Tier 5 (Temporary Worker) Migrant.
(d) An applicant who has, or was last granted, leave as a Student, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing up a Thesis, a Postgraduate Doctor or Dentist or a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
(da)
(i) An applicant who was last granted leave as a Tier 5 (Temporary Worker) Migrant must have been granted such leave in either the Government Authorised Exchange sub-category or the Creative and Sporting sub-category of Tier 5.
(ii) If the applicant was last granted leave in the Government Authorised Exchange sub-category:
(1) that leave must have been granted in order to allow the applicant to work as an overseas qualified nurse or midwife, and
(2) the applicant must have completed their registration with the Nursing and Midwifery Council and the applicant must provide the specified documents to show that the requirements in paragraph (ii)(1) and (2) have been met.
(iii) If the applicant was last granted leave in the Creative and Sporting sub-category, that leave must have been granted in order to allow the applicant to work as an professional footballer and the applicant must provide the specified documents to show that this requirement has been met.
(e) If applying as a Tier 2 (General) Migrant or as a Tier 2 (Intra-Company Transfer) Migrant, the applicant must have a minimum of 50 points under paragraphs 59 to 84 of Appendix A.
(f) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92 of Appendix A.
(g) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.
(h) The applicant must have a minimum of 10 points under paragraphs 4 to 6 of Appendix B, unless the applicant:
(i) is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, and
(ii) is not seeking a grant of leave to remain that would extend his total stay in this category beyond 3 years.
(i) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
(j) The applicant must be at least 16 years old.
(k) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares unless applying as a Tier 2 (Intra-Company Transfer) Migrant.
245ZG. Period and conditions of grant
(a) In the cases set out in paragraph (b), leave to remain will be granted for:
(i) subject to paragraph (ii), a period equal to 5 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter, that the applicant has already spent in the UK with entry clearance, leave to enter or remain in any combination of the categories set out in paragraph (b),
(ii) where the calculation in paragraph (1) would lead to a period of leave of less than 2 years or a period of leave longer than the length of the period of engagement plus 14 days, a period equal to:
(1) the length of the period of engagement plus 14 days, or
(2) 2 years.
whichever is the shorter.
(b) The cases referred to in paragraph (a) are those where the applicant was last granted entry clearance, leave to enter or leave to remain as:
(i) a Jewish Agency Employee, provided he is still working for the same employer,
(ii) a Member of the Operational Ground Staff of an Overseas-owned Airline, provided he is still working for the same employer,
(iii) a Minister of Religion, Missionary or Member of a Religious Order, provided he is still working for the same employer,
(iv) a Qualifying Work Permit Holder, provided he is still working for the same employer,
(v) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, provided he is still working for the same employer,
(vi) a Tier 2 (Minister of Religion) Migrant, provided:
(1) he previously had leave as a Minister of Religion, Missionary or Member of a Religious Order, and received his last grant of entry clearance or leave to enter in one of those categories,
(2) at some time during that period of leave as a Minister of Religion, Missionary or Member of a Religious Order he was granted leave to remain as a Tier 2 (Minister of Religion) Migrant, and
(3) he is still working for the same employer as he was when he was last in the UK with leave as a Minister of Religion, Missionary or Member of a Religious Order,
(vii) a Tier 2 (Sportsperson) Migrant, provided:
(1) he previously had leave as a Work Permit Holder,
(2) at some time during that period of leave as a Work Permit Holder he was granted leave to remain as a Tier 2 (Sportsperson) Migrant, and
(3) he is still working for the same employer as he was when he was last in the UK with leave as a Work Permit Holder,
(viii) a Tier 2 (General) or Tier 2 (Intra-Company Transfer) Migrant, provided:
(1) in this application for leave to remain, he has been awarded points under the transitional arrangements provisions in Table 11 of Appendix A, and
(2) his last grant of leave was as a Qualifying Work Permit Holder, a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, a Minister of Religion, Missionary or Member of a Religious Order, a Member of the Operational Ground Staff of an Overseas-owned Airline, a Jewish Agency Employee, a Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant.
(3) DELETED
(c) Where:
(i) paragraph (a) does not apply,
(ii) the applicant has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 2 Migrant, and
(iii) the applicant is working for the same employer doing the same job as he was at the time of that earlier grant,
leave to remain will be granted for a period equal to the length of the period of engagement plus 14 days, or for a period of 2 years, whichever is the shorter.
(d) In all other cases, leave to remain will be granted for:
(i) a period equal to the length of the period of engagement plus 14 days, or
(ii) 3 years whichever is the shorter.
(e) In addition to the periods in paragraphs (a) to (d), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking service records as the start date of employment in the UK, provided this is not a negative value.
(f) Leave to remain will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules, and
(iii) no employment except:
(1) working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service entry records that the migrant is being sponsored to do,
(2) supplementary employment, and
(3) voluntary work.
(g) (i) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 59 to 84 of Appendix A including points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted leave to remain as a Tier 2 (Intra-Company Transfer) Migrant.
(ii) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 59 to 84 of Appendix A but who do not obtain points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted leave to remain as a Tier 2 (General) Migrant.
(iii) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 85 to 92 of Appendix A shall be granted leave to remain as a Tier 2 (Minister of Religion) Migrant.
(iv) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 93 to 100 of Appendix A shall be granted leave to remain as a Tier 2 (Sportsperson) Migrant.
245ZH. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as a Tier 2 Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 Migrant, in any combination of the following categories:
(i) as a Member of the Operational Ground Staff of an Overseas-owned Airline,
(ii) as a Minister of Religion, Missionary or Member of a Religious Order,
(iii) as a Qualifying Work Permit Holder,
(iv) as a Representative of an Overseas Business,
(v) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(vi) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant, or
(vii) as a Tier 2 Migrant.
(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant s last grant of leave must certify in writing that he still requires the applicant for employment.
(e) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
TIER 5 (YOUTH MOBILITY SCHEME) TEMPORARY MIGRANTS
245ZI. Purpose of this route
This route is for sponsored young people from participating countries who wish to live and work temporarily in the UK.
245ZJ. Entry clearance
All migrants arriving in the UK and wishing to enter as a Tier 5 (Youth Mobility Scheme) Temporary Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245ZK. Requirements for entry clearance
To qualify for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant, an applicant must meet the requirements listed below. However, whether or not the requirements listed below are met, if a citizen of a country listed in Appendix G makes an application for entry clearance which, if granted, would mean that the annual allocation of places under this route for citizens of that country would be exceeded, the application will be refused. The applicant will also be refused if the requirements listed below are not met.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must be:
(i) a citizen of a country listed in Appendix G to these Rules, or
(ii) a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas), as defined by the British Nationality Act 1981 and must provide the specified documents to show that this requirement has been met.
(c) The applicant must have a minimum of 40 points under paragraphs 101 to 104 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 6 to 7 of Appendix C.
(e) The applicant must have no children under the age of 18 who are either living with him or for whom he is financially responsible.
(f) The applicant must not previously have spent time in the UK as a Working Holidaymaker or a Tier 5 (Youth Mobility Scheme) Temporary Migrant.
245ZL. Period and conditions of grant
Entry clearance will be granted for a period of 2 years subject to the following conditions:
(a) no recourse to public funds,
(b) registration with the police, if this is required by paragraph 326 of these Rules,
(c) no employment as a professional sportsperson (including as a sports coach), or as a Doctor in Training, and
(d) no self employment, except where the following conditions are met:
(i) the migrant has no premises which he owns, other than his home, from which he carries out his business,
(ii) the total value of any equipment used in the business does not exceed £5,000, and
(iii) the migrant has no employees.
TIER 5 (TEMPORARY WORKER) MIGRANTS
245ZM. Purpose of this route and definitions
(a) This route is for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives.
(b) For the purposes of paragraphs 245ZM to 245ZS and paragraphs 105 to 112 of Appendix A:
a migrant has "consecutive engagements" if:
(i) more than one Certificate of Sponsorship reference number has been allocated in respect of the migrant,
(ii) there is no gap of more than 14 days between any of the periods of engagement, and
(iii) all the Certificate of Sponsorship Checking Service references record that the migrant is being sponsored in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route.
"Period of engagement" means a period beginning with the employment start date as recorded on the Certificate of Sponsorship Checking Service entry which relates to the Certificate of Sponsorship reference number for which the migrant was awarded points under paragraphs 105 to 111 of Appendix A, and ending on the employment end date as recorded in the same entry.
245ZN. Entry clearance
(a) Subject to paragraph (b), all migrants arriving in the UK and wishing to enter as a Tier 5 (Temporary Worker) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
(b) A migrant arriving in the UK and wishing to enter as a Tier 5 (Temporary Worker) Migrant who does not have a valid entry clearance will not be refused entry if the following conditions are met:
(i) the migrant is not a visa national,
(ii) the Certificate of Sponsorship reference number provided by the migrant leading to points being obtained under Appendix A links to an entry in the Certificate of Sponsorship Checking Service recording that their Sponsor has sponsored them in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route,
(iii) if the migrant has consecutive engagements, the total length of all the periods of engagement, together with any gap between those engagements, is 3 months or less,
(iv) if the migrant does not have consecutive engagements, the total length of the period of engagement is 3 months or less, and
(v) the migrant meets the requirements in paragraph 245ZO below.
245ZO. Requirements for entry clearance or leave to enter
To qualify for entry clearance or, as the case may be, leave to enter, as a Tier 5 (Temporary Worker) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 30 points under paragraphs 105 to 112 of Appendix A.
(c) The applicant must have a minimum of 10 points under paragraphs 8 to 9 of Appendix C.
245ZP. Period and conditions of grant
(a) Where paragraph 245ZN(b) applies and the applicant has consecutive engagements, leave to enter will be granted for:
(i) a period commencing not more than 14 days before the beginning of the first period of engagement and ending 14 days after the end of the last period of engagement, or
(ii) 3 months
whichever is the shorter.
(b) Where paragraph 245ZN(b) applies and the applicant does not have consecutive engagements, leave to enter will be granted for:
(i) a period commencing not more than 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or
(ii) 3 months whichever is the shorter.
(c) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the creative and sporting or charity workers sub-category of the Tier 5 (Temporary Worker) Migrant route, leave to enter will be granted for:
(i) a period commencing 14 days before the beginning of the period of engagement (or of the first period of engagement, where the applicant has consecutive engagements) and ending 14 days after the end of that period of engagement (or of the last period of engagement, where the applicant has consecutive engagements), or
(ii) 12 months
whichever of (i) or (ii) is the shorter.
(d) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the religious workers, government authorised exchange or international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route, leave to enter will be granted for:
(i) a period commencing 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or
(ii) 2 years
whichever is the shorter.
(e) Leave to enter and entry clearance will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police if this is required by paragraph 326 of these Rules, and
(iii) no employment except:
(1) unless paragraph (2) applies, working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor,
(2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the government authorised exchange subcategory of Tier 5 (Temporary Workers), working for any person for whom the Sponsor directs him to work, provided that work is in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, and
(3) supplementary employment.
245ZQ. Requirements for leave to remain
To qualify for leave to remain as a Tier 5 (Temporary Worker) Migrant under this rule, an applicant must meet the requirements listed below. Subject to paragraph 245ZR(a), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Tier 5 (Temporary Worker) Migrant, or
(ii) as a Sports Visitor or Entertainer Visitor, provided:
(1) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows that he is being sponsored in the creative and sporting subcategory; and
(2) the Certificate of Sponsorship reference number was allocated to the applicant before he entered the UK as a Sports Visitor or Entertainer Visitor.
(c) The applicant must have a minimum of 30 points under paragraphs 105 to 112 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 8 to 9 of Appendix C.
(e) The Certificate of Sponsorship Checking Service entry to which the Certificate of Sponsorship reference number for which points under Appendix A were awarded relates must record that the applicant is being sponsored in the same subcategory of the Tier 5 (Temporary Worker) Migrant route as the one in which he was being sponsored when he was last granted entry clearance or leave to remain as a Tier 5 (Temporary Worker) Migrant.
245ZR. Period and conditions of grant
(a) If any calculation of period of leave comes to zero or a negative number, leave to remain will be refused.
(b) Subject to paragraphs (c) to (f) below, leave to remain will be granted for:
(i) the length of the period of engagement, as recorded in the Certificate of Sponsorship Checking Service entry, plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement) or
(ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant and:
(1) 12 months, if he is being sponsored in the creative and sporting or charity worker subcategories,
or
(2) 2 years, if he is being sponsored in the religious workers, government authorised exchange or international agreement subcategories,
whichever of (i) or (ii) is the shorter.
(c) Where the provisions in paragraph 245ZQ(b)(ii) apply, the migrant will be granted leave to remain for:
(i) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or
(ii) 12 months
whichever of (i) or (ii) is the shorter.
(d) Where the Certificate of Sponsorship Checking Service reference records that the migrant is being sponsored in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route as an overseas government employee or a private servant in a diplomatic household, leave to remain will be granted for:
(i) the period of engagement plus 14 days, or
(ii) 12 months,
whichever of (i) or (ii) is the shorter, unless at the date of the application for leave to remain the applicant has spent more than 5 years continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for:
(iii) the period of engagement plus 14 days, or
(iv) a period equal to 6 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant
whichever of (iii) or (iv) is the shorter.
(e) Where:
(i) the Certificate of Sponsorship Checking Service reference number records that the applicant is being sponsored in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route as a creative worker, and
(ii) the Sponsor is the Sponsor who sponsored the applicant when he received his last grant of leave
leave to remain will be granted for the period set out in paragraph (f) below.
(f) Where the conditions in paragraph (e) above are met, leave to remain will be granted for:
(i) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or
(ii) 12 months
whichever of (i) or (ii) is the shorter, unless the applicant has spent more than 1 year continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for:
(iii) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or
(iv) a period equal to 2 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant
whichever of (iii) or (iv) is the shorter.
(g) Leave to remain will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police if this is required by paragraph 326 of these Rules, and
(iii) no employment except:
(1) unless paragraph (2) applies, working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor,
(2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the government authorised exchange subcategory of Tier 5 (Temporary Worker) route, working for any person for whom the Sponsor directs him to work, provided that work is in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, and
(3) supplementary employment.
245ZS. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as a Tier 5 (Temporary Worker) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.
(b) The applicant must have spent a continuous period of 5 years lawfully in the UK with leave in the international agreement sub-category of Tier 5 and working as a private servant in a diplomatic household.
(c) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.
TIER 4 (GENERAL) STUDENT
245ZT. Purpose of this route
This route is for migrants aged 16 or over who wish to study in the UK.
245ZU. Entry clearance
All migrants arriving in the UK and wishing to enter as a Tier 4 (General) Student must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245ZV. Requirements for entry clearance
To qualify for entry clearance as a Tier 4 (General) Student, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a)The applicant must not fall for refusal under the General Grounds for Refusal.
(b) The applicant must have a minimum of 30 points under paragraphs 113 to 120 of Appendix A.
(c) The applicant must have a minimum of 10 points under paragraphs 10 to 13 of Appendix C.
(d) If the applicant wishes to undertake:
(i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules, or
(ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules, or
(iii) a period of study or research in excess of 6 months in one of the disciplines listed in paragraphs 1 or 2 of Appendix 6 of these Rules at an institution of higher education where this forms part of an overseas postgraduate qualification
the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, that the applicant will be taking and at the institution at which the applicant wishes to undertake it and must provide the specified documents to show that these requirements have been met.
(e) If the applicant wishes to be a postgraduate doctor or dentist on a recognised Foundation Programme:
(i) the applicant must have successfully completed a recognised UK degree in medicine or dentistry from:
(1) an institution with a Tier 4 General Sponsor Licence,
(2) a UK publicly funded institution of further or higher education or
(3) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance,
(ii) the applicant must have previously been granted leave:
(1) as a Tier 4 (General) Student, or as a Student, for the final academic year of the studies referred to in paragraph (i) above, and
(2) as a Tier 4 (General) Student, or as a Student, for at least one other academic year (aside from the final year) of the studies referred to in paragraph (i) above,
(iii) if the applicant has previously been granted leave as a Postgraduate Doctor or Dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to enter or remain in that category, and
(iv) if the applicant has previously been granted leave as a Tier 4 (General) Student to undertake a course as a postgraduate doctor or dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which the applicant was first granted leave to undertake such a course.
(f) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
(g) If the course is below degree level, the grant of entry clearance the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since the age of 18 studying courses that did not consist of degree level study.
(h) The applicant must be at least 16 years old.
(i) Where the applicant is under 18 years of age, the application must be supported by the applicant?s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
(j) Where the applicant is under 18 years of age, the applicant?s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant?s travel to, and reception and care in, the UK.
245ZW. Period and conditions of grant
(a) Subject to paragraph (b), entry clearance will be granted for the duration of the course.
(b) In addition to the period of entry clearance granted in accordance with paragraph (a), entry clearance will also be granted for the periods set out in the following table. Notes to accompany the table appear below the table.
| Type of course |
Period of entry clearance to be granted before the course starts |
Period of entry clearance to be granted after the course ends |
| 12 months or more |
1 month |
4 months |
| 6 months or more but less than 12 months |
1 month |
2 months |
| Pre-sessional course of less than 6 months |
1 month |
1 month |
| Course of less than 6 months that is not a pre-sessional course |
7 days |
7 days |
| Postgraduate doctor or dentist |
1 month |
1 month |
Notes
(i) If the grant of entry clearance is made less than 1 month or, in the case of a course of less than 6 months that is not a pre-sessional course, less than 7 days before the start of the course, entry clearance will be granted with immediate effect.
(ii) A pre-sessional course is a course which prepares a student for the student?s main course of study in the UK.
(c) Entry clearance will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no employment except:
(1) employment during term time of no more than 20 hours per week,
(2) employment (of any duration) during vacations,
(3) employment as part of a course-related work placement which forms an assessed part of the applicant s course and provided that any period that the applicant spends on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course.
(4) employment as a Student Union Sabbatical Officer, for up to 2 years, provided the post is elective and is at the institution which is the applicant?s Sponsor.
(5) employment as a postgraduate doctor or dentist on a recognised Foundation Programme
provided that the migrant is not self employed, or employed as a Doctor in Training other than a vacancy on a recognised Foundation Programme, professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant s employment would not fill a permanent full time vacancy other than a vacancy on a recognised Foundation Programme or as a sabbatical officer ; and
(iv) no study except:
(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant s Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,
(2) supplementary study.
245ZX. Requirements for leave to remain
To qualify for leave to remain as a Tier 4 (General) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the applicant will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.
(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Tier 4 (General) Student,
(ii) as a Tier 4 (Child) Student,
(iii) as a Tier 1 (Post-study Work) Migrant,
(iv) as a Tier 2 Migrant,
(v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
(vi) as a Participant in the Fresh Talent: Working in Scotland Scheme,
(vii) as a Postgraduate Doctor or Dentist,
(viii) as a Prospective Student,
(ix) as a Student,
(x) as a Student Nurse,
(xi) as a Student Re-sitting an Examination,
(xii) as a Student Writing-Up a Thesis,
(xiii) as a Student Union Sabbatical Officer, or
(xiv) as a Work Permit Holder.
(c) The applicant must have a minimum of 30 points under paragraphs 113 to 120 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 10 to 13 of Appendix C.
(e) If the applicant wishes to undertake:
(i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules, or
(ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules, or
(iii) a period of study or research in excess of 6 months in one of the disciplines listed in paragraphs 1 or 2 of Appendix 6 of these Rules at a publicly funded institution of higher education where this forms part of an overseas postgraduate qualification
the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, that the applicant will be taking and at the institution at which the applicant wishes to undertake it and must provide the specified documents to show that these requirements have been met.
(f) If the applicant wishes to be a postgraduate doctor or dentist on a recognised Foundation Programme:
(i) the applicant must have successfully completed a recognised UK degree in medicine or dentistry from:
(1) an institution with a Tier 4 General Sponsor Licence,
(2) a UK publicly funded institution of further or higher education or
(3) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance,
(ii) the applicant must have previously been granted leave:
(1) as a Tier 4 (General) Student, or as a Student, for the final academic year of the studies referred to in paragraph (i) above, and
(2) as a Tier 4 (General) Student, or as a Student, for at least one other academic year (aside from the final year) of the studies referred to in paragraph (i) above,
(iii) if the applicant has previously been granted leave as a Postgraduate Doctor or Dentist the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to enter or remain in that category, and
(iv) if the applicant has previously been granted leave as a Tier 4 (General) Student to undertake a course as a postgraduate doctor or dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to undertake such a course.
(g) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
(h) If the course does not involve degree level study, the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since the age of 18 studying courses that did not consist of degree level study.
(i) The applicant must be at least 16 years old.
(j) Where the applicant is under 18 years of age, the application must be supported by the applicant s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
(k) Where the applicant is under 18 years of age, the applicant s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant s care in the UK.
(l) The applicant must not be applying for leave to remain for the purpose of studies which would commence more than one month after the applicant s current entry clearance or leave to remain expires.
245ZY. Period and conditions of grant
(a) Subject to paragraphs (b) and (c) below, leave to remain will be granted for the duration of the course.
(b) In addition to the period of leave to remain granted in accordance with paragraph (a), leave to remain will also be granted for the periods set out in the following table. Notes to accompany the table appear below the table.
| Type of course |
Period of leave to remain to be granted before the course starts |
Period of leave to remain to be granted after the course ends |
| 12 months or more |
1 month |
4 months |
| 6 months or more but less than 12 months |
1 month |
2 months |
| Pre-sessional course of less than 6 months |
1 month |
1 month |
| Course of less than 6 months that is not a pre-sessional course |
7 days |
7 days |
| Postgraduate doctor or dentist |
1 month |
1 month |
Notes
(i) If the grant of leave to remain is being made less than 1 month or, in the case of a course of less than 6 months that is not a pre-sessional course, less than 7 days before the start of the course, leave to remain will be granted with immediate effect.
(ii) A pre-sessional course is a course which prepares a student for the student?s main course of study in the UK.
(c) Leave to remain will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no employment except:
(1) employment during term time of no more than 20 hours per week,
(2) employment (of any duration)during vacations,
(3) employment as part of a course-related work placement which forms an assessed part of the applicant s course and provided that any period that the applicant spends on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course.
(4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant?s Sponsor,
(5) employment as a postgraduate doctor or dentist on a recognised Foundation Programme
provided that the migrant is not self-employed, or employed as a Doctor in Training other than a vacancy on a recognised Foundation Programme, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant s employment would not fill a permanent full time vacancy other than a vacancy on a recognised Foundation Programme or as a sabbatical officer.
(iv) no study except:
(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant?s Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,
(2) supplementary study
TIER 4 (CHILD) STUDENT
245ZZ. Purpose of route
This route is for children at least 4 years old and under the age of 18 who wish to be educated in the UK.
245ZZA. Entry clearance
All migrants arriving in the UK and wishing to enter as a Tier 4 (Child) Student must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 30 points under paragraphs 121 to 126 of Appendix A.
(c) The applicant must have a minimum of 10 points under paragraphs 14 to 18 of Appendix C.
(d) The applicant must be at least 4 years old and under the age of 18.
(e) The applicant must have no children under the age of 18 who are either living with the applicant or for whom the applicant is financially responsible.
(f) If a foster carer or a relative (not a parent or guardian) of the applicant will be responsible for the care of the applicant:
(i) the arrangements for the care of the applicant by the foster carer or relative must meet the requirements laid down in guidance published by the United Kingdom Border Agency and the applicant must provide the specified documents to show that this requirement has been met, and
(ii) the applicant must provide details of the care arrangements as specified in guidance published by the United Kingdom Border Agency.
(g) The application must be supported by the applicant s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
(h) The applicant s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant s travel to, and reception and care in, the UK.
(i) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met
245ZZB. Period and conditions of grant
(a) Where the applicant is under the age of 16, entry clearance will be granted for:
(i) a period of no more than 1 month before the course starts, plus
(ii) a period:
(1) requested by the applicant,
(2) equal to the length of the programme the applicant is following, or
(3) of 6 years
whichever is the shorter, plus
(iii) 4 months.
(b) Where the applicant is aged 16 or over, entry clearance will be granted for:
(i) a period of no more than 1 month before the course starts, plus
(ii) a period:
(1) requested by the applicant,
(2) equal to the length of the programme the applicant is following, or
(3) of 2 years
whichever is the shorter, plus
(iii) 4 months.
(c) Entry clearance will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no employment whilst the migrant is aged under 16,
(iv) no employment whilst the migrant is aged 16 or over except:
(1) employment during term time of no more than 20 hours per week,
(2) employment (of any duration) during vacations,
(3) employment as part of a course-related work placement which forms an assessed part of the applicant s course and provided that any period that the applicant spend on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course
(4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant?s Sponsor
provided that the migrant is not self employed, or employed as a Doctor in Training, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant s employment would not fill a permanent full time vacancy other than a vacancy as a sabbatical officer.
(v) no study except:
(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant s Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,
(2) supplementary study.
245ZZC. Requirements for leave to remain
To qualify for leave to remain as a Tier 4 (Child) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, leave to remain will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.
(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
(i) as a Tier 4 (Child) Student,
(ii) as a Student, or
(iii) as a Prospective Student.
(c) The applicant must have a minimum of 30 points under paragraphs 121 to 126 of Appendix A.
(d) The applicant must have a minimum of 10 points under paragraphs 14 to 18 of Appendix C.
(e) The applicant must be under the age of 18.
(f) The applicant must have no children under the age of 18 who are either living with the applicant or for whom the applicant is financially responsible.
(g) If a foster carer or a relative (not a parent of guardian) will be responsible for the care of the applicant:
(i) the arrangements for the care of the applicant by the foster carer or relative must meet the requirements laid down in guidance published by the United Kingdom Border Agency and the applicant must provide the specified documents to show that this requirement has been met, and
(ii) the applicant must provide details of the care arrangements as specified in guidance published by the United Kingdom Border Agency.
(h) The application must be supported by the applicant s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
(i) The applicant s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant s care in the UK.
(j) The applicant must not be applying for leave to remain for the purpose of studies which would commence more than one month after the applicant s current entry clearance or leave to remain expires.
(k) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.
245ZZD. Period and conditions of grant
(a) Where the applicant is under the age of 16, leave to remain will be granted for:
(i) a period of no more than 1 month before the course starts, plus
(ii) a period:
(1) requested by the applicant,
(2) equal to the length of the programme the applicant is following, or
(3) of 6 years
whichever is the shorter, plus
(iii) 4 months.
(b) Where the applicant is aged 16 or over, leave to remain will be granted for:
(i) a period of no more than 1 month before the course starts, plus
(ii) a period:
(1) requested by the applicant,
(2) equal to the length of the programme the applicant is following, or
(3) of 2 years
whichever is the shorter, plus
(iii) 4 months.
(c) Leave to remain will be granted subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no employment whilst the migrant is aged under 16,
(iv) no employment whilst the migrant is aged 16 or over except:
(1) employment during term time of no more than 20 hours per week,
(2) employment (of any duration) during vacations,
(3) employment as part of a course-related work placement which forms an assessed part of the applicant s course, and provided that any period that the applicant spend on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course,
(4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant s Sponsor,
provided that the migrant is not self-employed, or employed as a Doctor in Training, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant s employment would not fill a permanent full time vacancy other than a vacancy as a sabbatical officer.
(v) no study except:
(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant s Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,
(2) supplementary study.
Part 7 - Other Categories
Immigration rules
Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident in the United Kingdom; and
(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant s intention to maintain contact with the child; and
(iv) the applicant intends to take an active role in the child s upbringing; and
(v) the child is under the age of 18; and
(vi) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
247. Leave to enter as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248. Leave to enter as a person exercising rights of access to a child resident in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248A. The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident in the United Kingdom; and
(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant s intention to maintain contact with the child; or
(c) a statement from the child s other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child; and
(iv) the applicant takes and intends to continue to take an active role in the child s upbringing; and
(v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
(vi) the child is under the age of 18; and
(vii) the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child; and
(viii) the applicant has not remained in breach of the immigration laws; and
(ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds.
Leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248B. Leave to remain as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 248A is met.
Refusal of leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248C. Leave to remain as a person exercising rights of access to a child resident in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248A is met.
Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248D. The requirements for indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom are that:
(i) the applicant was admitted to the United Kingdom or granted leave to remain in the United Kingdom for a period of 12 months as a person exercising rights of access to a child and has completed a period of 12 months as a person exercising rights of access to a child; and
(ii) the applicant takes and intends to continue to take an active role in the child s upbringing; and
(iii) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
(iv) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(v) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
(vi) the child is under 18 years of age; and
(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain as a person exercising rights of access to a child resident in the United Kingdom
248E. Indefinite leave to remain as a person exercising rights of access to a child may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 248D is met.
Refusal of indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248F. Indefinite leave to remain as a person exercising rights of access to a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248D is met.
Holders of special vouchers
Requirements for indefinite leave to enter as the holder of a special voucher
249. DELETED
Indefinite leave to enter as the holder of a special voucher
250. DELETED
Refusal of indefinite leave to enter as the holder of a special voucher
251. DELETED
Requirements for indefinite leave to enter as the spouse or child of a special voucher holder
252. DELETED
Indefinite leave to enter as the spouse or child of a special voucher holder
253. DELETED
Refusal of indefinite leave to enter as the spouse or child of a special voucher holder
254. DELETED
EEA Nationals and their families
Settlement
255. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.
255A. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.
255B. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.
256. DELETED
257. DELETED
257A. DELETED. But this is subject to the transitional provision in paragraph 8 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 257A.
257B. DELETED. But this is subject to the transitional provision in paragraph 8 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 257B.
Requirements for leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child
257C. The requirements to be met by a person seeking leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child are that the applicant:
(i) is:
(a) the primary carer; or
(b) the parent; or
(c) the sibling,
of an EEA national under the age of 18 who has a right of residence in the United Kingdom under the 2006 EEA Regulations as a self-sufficient person; and
(ii) is living with the EEA national or is seeking entry to the United Kingdom in order to live with the EEA national; and
(iii) in the case of a sibling of the EEA national:
(a) is under the age of 18 or has current leave to enter or remain in this capacity; and
(b) is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) can, and will, be maintained and accommodated without taking employment or having recourse to public funds; and
(v) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
In this paragraph, "sibling", includes a half-brother or half-sister and a stepbrother or stepsister.
Leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child
257D. Leave to enter or remain in the United Kingdom as the primary carer or relative of an EEA national self-sufficient child may be granted for a period not exceeding five years or the remaining period of validity of any residence permit held by the EEA national under the 2006 EEA Regulations, whichever is the shorter, provided that, in the case of an application for leave to enter, the applicant is able to produce to the Immigration Officer, on arrival a valid entry clearance for entry in this capacity or, in the case of an application for leave to remain, the applicant is able to satisfy the Secretary of State that each of the requirements of paragraph 257C (i) to (iv) is met. Leave to enter or remain is to be subject to a condition prohibiting employment and recourse to public funds.
Refusal of leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child
257E. Leave to enter or remain in the United Kingdom as the primary carer or relative of an EEA national self-sufficient child is to be refused if, in the case of an application for leave to enter, the applicant is unable to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for leave to remain, if the applicant is unable to satisfy the Secretary of State that each of the requirements of paragraph 257C (i) to (iv) is met.
The EEA family permit
258. DELETED
Requirements for the issue of an EEA family permit
259. DELETED
Issue of an EEA family permit
260. DELETED
Refusal of an application for an EEA family permit
261. DELETED
Registration with the police for family members of EEA nationals
262. DELETED
Retired persons of independent means
Requirements for leave to enter the United Kingdom as a retired person of independent means
263. DELETED
Leave to enter as a retired person of independent means
264. DELETED
Refusal of leave to enter as a retired person of independent means
265. DELETED
Requirements for an extension of stay as a retired person of independent means
266. The requirements for an extension of stay as a retired person of independent means are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a retired person of independent means; and
(ii) meets the following requirements:
(a) has under his control and disposable in the United Kingdom an income of his own of not less than £25,000 per annum; and
(b) is able and willing to maintain and accommodate himself and any dependants indefinitely in the United Kingdom from his own resources with no assistance from any other person and without taking employment or having recourse to public funds; and
(c) can demonstrate a close connection with the United Kingdom; and
(iii) has made the United Kingdom his main home.
Extension of stay as a retired person of independent means
266A. DELETED
266C. DELETED
266D.DELETED
266E. DELETED
267. An extension of stay as a retired person of independent means, with a prohibition on the taking of employment, may be granted so as to bring the person s stay in this category up to a maximum of 5 years in aggregate, provided the Secretary of State is satisfied that each of the requirements of paragraph 266 is met.
Refusal of extension of stay as a retired person of independent means
268.An extension of stay as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 266 is met.
Indefinite leave to remain for a retired person of independent means
269. Indefinite leave to remain may be granted, on application, to a person admitted as a retired person of independent means provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 266 throughout the 5 year period and continues to do so.
Refusal of indefinite leave to remain for a retired person of independent means
270. Indefinite leave to remain in the United Kingdom for a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 269 is met.
Spouses or civil partners of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means
Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
271. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means are that:
(i) the applicant is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partners during the applicant s stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse or civil partner; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
272. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain as a retired person of independent means, provided the Immigration Officer is satisfied that each of the requirements of paragraph 271 is met.
Refusal of leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
273. Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 271 is met.
Requirements for extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means are that the applicant:
(i) is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; or
(ii) is married to or the civil partner of a person who has limited leave to enter or remain in the United Kingdom as a retired person of independent means and who is being granted indefinite leave to remain at the same time; or
(iii) is married to or the civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain as a retired person of independent means immediately before being granted indefinite leave to remain; and
(iv) meets the requirements of paragraph 271 (ii) - (v); and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273B. An extension of stay in the United Kingdom as:
(i) the spouse or civil partner of a person who has limited leave to enter or remain as a retired person of independent means may be granted for a period not in excess of that granted to the person with limited leave to enter or remain; or
(ii) the spouse or civil partner of a person who is being admitted at the same time for settlement or the spouse or civil partner of a person who has indefinite leave to remain may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 273A is met.
Refusal of extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273C. An extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 273A is met.
Requirements for indefinite leave to remain for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means are that the applicant:
(i) is married to or the civil partner of a person who has limited leave to enter or remain in the United Kingdom as a retired person of independent means and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or the civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain as a retired person of independent means immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 271 (ii) - (v); and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273E. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 273D is met.
Refusal of indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273F. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 273D is met.
Children of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
274. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means are that:
(i) he is the child of a parent who has been admitted to or allowed to remain in the United Kingdom as a retired person of independent means; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) he can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
275. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain as a retired person of independent means provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain as a retired person of independent means. Leave to enter or remain is to be subject to a condition prohibiting employment except in relation to the grant of indefinite leave to remain.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
276. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival, or in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met. An application for indefinite leave to remain in this category is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to enter or remain as a retired person of independent means.
Long residence
Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D:
(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
(b) "lawful residence" means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain; or
(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or
(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
Requirements for an extension of stay on the ground of long residence in the United Kingdom
276A1. The requirement to be met by a person seeking an extension of stay on the ground of long residence in the United Kingdom is that the applicant meets all the requirements in paragraph 276B of these rules, except the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom contained in paragraph 276B (iii).
Extension of stay on the ground of long residence in the United Kingdom
276A2. An extension of stay on the ground of long residence in the United Kingdom may be granted for a period not exceeding 2 years provided that the Secretary of State is satisfied that the requirement in paragraph 276A1 is met.
Conditions to be attached to extension of stay on the ground of long residence in the United Kingdom
276A3. Where an extension of stay is granted under paragraph 276A2:
(i) if the applicant has spent less than 14 years in the UK , the grant of leave should be subject to the same conditions attached to his last period of lawful leave, or
(ii) if the applicant has spent 14 years or more in the UK, the grant of leave should not contain any restriction on employment.
Refusal of extension of stay on the ground of long residence in the United Kingdom
276A4. An extension of stay on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that the requirement in paragraph 276A1 is met.
Requirements for indefinite leave to remain on the ground of long residence in the United Kingdom
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom; or
(b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations and employment record; and
(d) domestic circumstances; and
(e) previous criminal record and the nature of any offence of which the person has been convicted; and
(f) compassionate circumstances; and
(g) any representations received on the person s behalf; and
(iii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain on the ground of long residence in the United Kingdom
276C. Indefinite leave to remain on the ground of long residence in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 276B is met.
Refusal of indefinite leave to remain on the ground of long residence in the United Kingdom
276D. Indefinite leave to remain on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276B is met.
HM Forces
Definition of Gurkha
276E. For the purposes of these Rules the term "Gurkha" means a citizen or national of Nepal who has served in the Brigade of Gurkhas of the British Army under the Brigade of Gurkhas terms and conditions of service.
Leave to enter or remain in the United Kingdom as a Gurkha discharged from the British Army
Requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army
276F. The requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army are that:
(i) the applicant has completed at least four years service as a Gurkha with the British Army; and
(ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
(iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army
276G. A person seeking indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army may be granted indefinite leave to enter provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army
276H. Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army
276I. The requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army are that:
(i) the applicant has completed at least four years service as a Gurkha with the British Army; and
(ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
(iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made; and
(iv) on the date of application has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army
276J. A person seeking indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army may be granted indefinite leave to remain provided the Secretary of State is satisfied that each of the requirements of paragraph 276I is met.
Refusal of indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army
276K. Indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276I is met.
Leave to enter or remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
Requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276L. The requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:
(i) the applicant has completed at least four years service with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement; and
(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276M. A person seeking indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces may be granted indefinite leave to enter provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276N. Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276O. The requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:
(i) the applicant has completed at least four years service with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement; and
(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
(iv) on the date of application has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276P. A person seeking indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces may be granted indefinite leave to remain provided the Secretary of State is satisfied that each of the requirements of paragraph 276O is met.
Refusal of indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276Q. Indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276O is met.
Spouses, civil partners, unmarried or same-sex partners of persons settled or seeking settlement in the United Kingdom in accordance with paragraphs 276E to 276Q (HM Forces rules) or of members of HM Forces who are exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and have at least 5 years continuous service
Leave to enter or remain in the UK as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
Requirements for indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276R. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service are that:
(i) the applicant is married to, or the civil partner, unmarried or same-sex partner of, a person present and settled in the United Kingdom or who is being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service; and
(ii) the parties to the marriage, or civil partnership or relationship akin to marriage or civil partnership have met; and
(iii) the parties were married or formed a civil partnership or a relationship akin to marriage or civil partnership at least 2 years ago; and
(iv) each of the parties intends to live permanently with the other as his or her spouse, civil partner, unmarried or same-sex partner; and
(v) the marriage, civil partnership or relationship akin to marriage or civil partnership is subsisting; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276S. A person seeking leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service may be granted indefinite leave to enter provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the UK or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276T. Leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirement for indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom under paragraphs 276E to 276Q or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276U. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service are that:
(i) the applicant is married to or the civil partner or unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service; and
(ii) the parties to the marriage, civil partnership or relationship akin to marriage or civil partnership have met; and
(iii) the parties were married or formed a civil partnership or relationship akin to marriage or civil partnership at least 2 years ago; and
(iv) each of the parties intends to live permanently with the other as his or her spouse, civil partner, unmarried or same-sex partner; and
(v) the marriage, civil partnership or relationship akin to marriage or civil partnership is subsisting; and
(vi) has, or has last been granted, leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner.
Indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276V. Indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 276U is met.
Refusal of indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276W. Indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276U is met.
Children of a parent, parents or a relative settled or seeking settlement in the United Kingdom under paragraphs 276E to 276Q (HM Forces rules) or of members of HM Forces who are exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and have at least 5 years continuous service
Leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276X. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has
at least 5 years continuous service are that:
(i) the applicant is seeking indefinite leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and the other is being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and has had sole responsibility for the child s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276Y. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276Z. Indefinite leave to enter the United Kingdom as the child of a parent, parents, or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276AA. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service are that:
(i) the applicant is seeking indefinite leave to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom or being granted settlement on the same occasion; or
(ab) one parent is present and settled in the United Kingdom or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and the other is being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service; or
(b) one parent is present and settled in the United Kingdom or being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom or being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and has had sole responsibility for the child s upbringing; or
(d) one parent or a relative is present and settled in the United Kingdom or being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276AB. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service may be granted if the Secretary of State is satisfied that each of the requirements of paragraph 276AA is met.
Refusal of indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service
276AC. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years continuous service is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276AA is met.
Spouses, civil partners, unmarried or same-sex partners of armed forces members who are exempt from immigration control under section 8(4) of the Immigration Act 1971
Requirements for leave to enter or remain as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971
276AD. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 are that:
(i) the applicant is married to or the civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner, unmarried or same-sex partner during the applicant?s stay and the marriage, civil partnership, or relationship akin to a marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds;
(v) the applicant does not intend to stay in the United Kingdom beyond his or her spouse?s, civil partner?s, unmarried or same-sex partner?s enlistment in the home forces, or period of posting or training in the United Kingdom; and
(vi) where the applicant is the unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971, the following requirements are also met:
(a) any previous marriage or civil partnership or relationship akin to a marriage by the applicant or the exempt armed forces member must have permanently broken down,
(b) the applicant and the exempt armed forces member must not be so closely related that they would be prohibited from marrying each other in the UK, and
(c) the applicant and the exempt armed forces member must have been living together in a relationship akin to marriage or civil partnership for a period of at least 2 years.
Leave to enter or remain as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971
276AE. A person seeking leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in the United Kingdom for a period not exceeding 4 years or the expected duration of the enlistment, posting or training of his or her spouse, civil partner, unmarried or same-sex partner, whichever is shorter, provided that the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is satisfied that each of the requirements of paragraph 276AD (i)-(vi) is met.
Refusal of leave to enter or remain as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971
276AF. Leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 276AD (i)-(vi) is met.
Children of armed forces members who are exempt from immigration control under section 8(4) of the Immigration Act 1971
Requirements for leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971
276AG. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 are that:
(i) he is the child of a parent who is an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner , has not formed an independent family unit and is not leading an independent life; and (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond the period of his parent s enlistment in the home forces, or posting or training in the United Kingdom; and
(vi) his other parent is being or has been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care.
Leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971
276AH. A person seeking leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in the United Kingdom for a period not exceeding 4 years or the duration of the enlistment, posting or training of his parent, whichever is the shorter, provided that the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is satisfied that each of the requirements of 276AG (i)-(vi) is met.
Refusal of leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971
276AI. Leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 276AG (i)-(vi) is met.
Part 8 - Family members
Spouses and civil partners
Part 8 - Family members
Spouses and civil partners
277. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a spouse or civil partner of another if either the applicant or the sponsor will be aged under 21 on the date of arrival in the United Kingdom or (as the case may be) on the date on which the leave to remain or variation of leave would be granted.
278. Nothing in these Rules shall be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the spouse and civil partner of a man or woman (the sponsor) if:
(i) his or her marriage or civil partnership to the sponsor is polygamous; and
(ii) there is another person living who is the husband or wife of the sponsor and who:
(a) is, or at any time since his or her marriage or civil partnership to the sponsor has been, in the United Kingdom; or
(b) has been granted a certificate of entitlement in respect of the right of abode mentioned in Section 2(1)(a) of the Immigration Act 1988 or an entry clearance to enter the United Kingdom as the husband or wife of the sponsor.
For the purpose of this paragraph a marriage or civil partnership may be polygamous although at its inception neither party had any other spouse or civil partner.
279. Paragraph 278 does not apply to any person who seeks entry clearance, leave to enter, leave to remain or variation of leave where:
(i) he or she has been in the United Kingdom before 1 August 1988 having been admitted for the purpose of settlement as the husband or wife of the sponsor; or
(ii) he or she has, since their marriage or civil partnership to the sponsor, been in the United Kingdom at any time when there was no such other spouse or civil partner living as is mentioned in paragraph 278 (ii).
But where a person claims that paragraph 278 does not apply to them because they have been in the United Kingdom in circumstances which cause them to fall within sub paragraphs (i) or (ii) of that paragraph it shall be for them to prove that fact.
280. For the purposes of paragraphs 278 and 279 the presence of any wife or husband in the United Kingdom in any of the following circumstances shall be disregarded:
(i) as a visitor; or
(ii) an illegal entrant; or
(iii) in circumstances whereby a person is deemed by Section 11(1) of the Immigration Act 1971 not to have entered the United Kingdom.
Spouses or civil partners of persons present and settled in the United Kingdom or being admitted on the same occasion for settlement
Requirements for leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
281. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement are that:
(i) (a) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; or
__(b)(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and
__(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(ii) the parties to the marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
For the purposes of this paragraph and paragraphs 282-289 a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.
Leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted for settlement on the same occasion
282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:
(a) in the case of a person within paragraph 281(i)(a), be admitted for an initial period not exceeding 27 months, or
(b) in the case of a person who meets both of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or
(c) in the case of a person who meets the requirement in paragraph 281(i)(b)(i), but not the requirement in paragraph 281(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 281 is met.
Refusal of leave to enter as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
283. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 281 is met.
Requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:
(i) the applicant has limited leave to enter or remain in the United Kingdom which was given in accordance with any of the provisions of these Rules, other than where as a result of that leave he would not have been in the United Kingdom beyond 6 months from the date on which he was admitted to the United Kingdom on this occasion in accordance with these Rules, unless the leave in question is limited leave to enter as a fiance or proposed civil partner or unless the leave in question was granted to the applicant as the spouse, civil partner, unmarried or same-sex partner of a Tier 1 Migrant and that spouse or partner is the same person in relation to whom the applicant is applying for an extension of stay under this rule; and
(ii) is married to or the civil partner of a person present and settled in the United Kingdom; and
(iii) the parties to the marriage or civil partnership have met; and
(iv) the applicant has not remained in breach of the immigration laws; and
(v) the marriage or civil partnership has not taken place after a decision has been made to deport the applicant or he has been recommended for deportation or been given notice under Section 6(2) of the Immigration Act 1971 or been given directions for his removal under section 10 of the Immigration and Asylum Act 1999; and
(vi) each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(vii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(viii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds.
Extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
285. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 284 is met.
Refusal of extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom
286. An extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 284 is met.
Requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom
287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or
__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of a person present and settled in the United Kingdom; or
__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; or
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Tier 1 Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here; or
__(e) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Tier 1 Migrant and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join and has completed a period of 2 years as the unmarried or same-sex partner and then the spouse or civil partner of the person who is now present and settled in the UK; and
(ii) the applicant is still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join and the marriage or civil partnership is subsisting; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
(b) The requirements for indefinite leave to remain for the bereaved spouse or civil partner of a person who was present and settled in the United Kingdom are that:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom in accordance with paragraphs 281 to 286 of these Rules; or;
__(b) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled in the United Kingdom in accordance with paragraphs 295AA to 295F of these Rules and during that period married or formed a civil partnership with the person whom he or she was admitted or granted an extension of stay to join; and
(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period; and
(iii) the applicant was still the spouse or civil partner of the person he or she was admitted or granted an extension of stay to join at the time of the death; and
(iv) each of the parties intended to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership was subsisting at the time of the death.
Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom
288. Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 287 is met.
Refusal of indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom
289. Indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 287 is met.
Victims of domestic violence
Part 8 - Family members
Requirements for indefinite leave to remain in the United Kingdom as the victim of domestic violence
289A. The requirements to be met by a person who is the victim of domestic violence and who is seeking indefinite leave to remain in the United Kingdom are that the applicant:
(i) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the spouse or civil partner of a person present and settled here; or;
(ii) was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years as the unmarried or same-sex partner of a person present and settled here; and
(iii) the relationship with their spouse or civil partner or unmarried partner or same-sex partner , as appropriate, was subsisting at the beginning of the relevant period of leave or extension of stay referred to in (I) or (ii) above; and
(iv) is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to permanently break down before the end of that period as a result of domestic violence.
Indefinite leave to remain as the victim of domestic violence
289B. Indefinite leave to remain as the victim of domestic violence may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 289A is met.
Refusal of indefinite leave to remain as the victim of domestic violence
289C. Indefinite leave to remain as the victim of domestic violence is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 289A is met.
Fiance(e)s and proposed civil partners
Part 8 - Family members
Fiance(e)s and proposed civil partners
289AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as a fiance(e) or proposed civil partner if either the applicant or the sponsor will be aged under 21 on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.
Requirements for leave to enter the United Kingdom as a fiance(e) or proposed civil partner (i.e. with a view to marriage or civil partnership and permanent settlement in the United Kingdom)
290. The requirements to be met by a person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner are that:
(i) the applicant is seeking leave to enter the United Kingdom for marriage or civil partnership to a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
(ii) the parties to the proposed marriage or civil partnership have met; and
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership ; and
(iv) adequate maintenance and accommodation without recourse to public funds will be available for the applicant until the date of the marriage or civil partnership ; and
(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(vi) the parties will be able after the marriage or civil partnership to maintain themselves and any dependants adequately without recourse to public funds; and
(vii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
290A. For the purposes of paragraph 290 and paragraphs 291 - 295, an EEA national who holds a registration certificate or a document certifying permanent residence issued under the 2006 EEA Regulations (including an EEA national who holds a residence permit issued under the Immigration (European Economic Area) Regulations 2000 which is treated as if it were such a certificate or document by virtue of Schedule 4 to the 2006 EEA Regulations) is to be regarded as present and settled in the United Kingdom.
Leave to enter as a fiance(e) or proposed civil partner
291. A person seeking leave to enter the United Kingdom as a fiance(e) or proposed civil partner may be admitted, with a prohibition on employment, for a period not exceeding 6 months to enable the marriage or civil partnership to take place provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of leave to enter as a fiance(e) or proposed civil partner
292. Leave to enter the United Kingdom as a fiance(e) or proposed civil partner is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a fiance(e) or proposed civil partner
293. The requirements for an extension of stay as a fiance(e) or proposed civil partner are that:
(i) the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance as a fiance(e) or proposed civil partner; and
(ii) good cause is shown why the marriage or civil partnership did not take place within the initial period of leave granted under paragraph 291; and
(iii) here is satisfactory evidence that the marriage or civil partnership will take place at an early date; and
(iv) the requirements of paragraph 290 (ii)-(vi) are met.
Extension of stay as a fiance(e) or proposed civil partner
294. An extension of stay as a fiance(e) or proposed civil partner may be granted for an appropriate period with a prohibition on employment to enable the marriage or civil partnership to take place provided the Secretary of State is satisfied that each of the requirements of paragraph 293 is met.
Refusal of extension of stay as a fiance(e) or proposed civil partner
295. An extension of stay is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 293 is met.
Unmarried and same-sex partners
Part 8 - Family members
Leave to enter as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295AA. Nothing in these Rules shall be construed as permitting a person to be granted entry clearance, leave to enter or variation of leave as an unmarried or same-sex partner if either the applicant or the sponsor will be aged under 21 on the date of arrival of the applicant in the United Kingdom or (as the case may be) on the date on which the leave to enter or variation of leave would be granted.
Requirements for leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295A. The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, are that:
(i) (a) the applicant is the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement and the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; or
(b)(i) the applicant is the unmarried or same-sex partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties have been living together outside the United Kingdom in a relationship akin to marriage or civil partnership which has subsisted for 4 years or more; and
(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
(iii) the parties are not involved in a consanguineous relationship with one another; and
(iv) DELETED
(v) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(vi) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vii) the parties intend to live together permanently; and
(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
For the purposes of this paragraph and paragraphs 295B - 295I, a member of HM Forces serving overseas, or a permanent member of HM Diplomatic Service or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development who is a British Citizen or is settled in the United Kingdom, is to be regarded as present and settled in the United Kingdom.
Leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295B. A person seeking leave to enter the United Kingdom as the unmarried or same-sex partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:
(a) in the case of a person within paragraph 295A(i)(a), be admitted for an initial period not exceeding 27 months, or
(b) in the case of a person who meets both of the requirements in paragraph 295A(i)(b), be granted indefinite leave to enter, or
(c) in the case of a person who meets the requirement in paragraph 295A(i)(b)(i), but not the requirement in paragraph 295A(i)(b)(ii) to have sufficient knowledge of the English language and about life in the United Kingdom, be admitted for an initial period not exceeding 27 months, in all cases provided the Immigration Officer is satisfied that each of the relevant requirements of paragraph 295A is met.
Refusal of leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement
295C. Leave to enter the United Kingdom with a view to settlement as the unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement, is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 295A is met.
Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295D. The requirements to be met by a person seeking leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom are that:
(i) the applicant has limited leave to remain in the United Kingdom which was given in accordance with any of the provisions of these Rules; and
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
(iii) the applicant is the unmarried or same-sex partner of a person who is present and settled in the United Kingdom; and
(iv) the applicant has not remained in breach of the immigration laws; and
(v) the parties are not involved in a consanguineous relationship with one another; and
(vi) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more; and
(vii) the parties relationship pre-dates any decision to deport the applicant, recommend him for deportation, give him notice under Section 6(2) of the Immigration Act 1971, or give directions for his removal under section 10 of the Immigration and Asylum Act 1999; and
(viii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(ix) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(x) the parties intend to live together permanently.
Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295E. Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom may be granted for a period of 2 years in the first instance provided that the Secretary of State is satisfied that each of the requirements of paragraph 295D are met.
Refusal of leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295F. Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295D is met.
Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295G. The requirements to be met by a person seeking indefinite leave to remain as the unmarried partner of a person present and settled in the United Kingdom are that:
(i)(a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules and has completed a period of 2 years as the unmarried or same-sex partners of a person present and settled here; or
(b) the applicant was admitted to the UK or given an extension of stay as the unmarried or same-sex partner of a Tier 1 Migrant, and then obtained an extension of stay under paragraphs 295AA to 295F of these Rules and has completed a period of 2 years as the unmarried or same-sex partners of the person who is now present and settled here; and
(c) the applicant was admitted to the United Kingdom in accordance with leave granted under paragraph 295B(c) of these rules; and
(ii) the applicant is still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join and the relationship is still subsisting; and
(iii) each of the parties intends to live permanently with the other as his partner; and
(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295H. Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295G is met.
Refusal of indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
295I. Indefinite leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295G is met.
Leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
Requirements for leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
295J. The requirements to be met by a person seeking leave to enter or remain as the unmarried partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; are that:
(i) the applicant is the unmarried or same-sex partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; and
(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
(iii) the parties are not involved in a consanguineous relationship with one another; and
(iv) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and
(v) each of the parties intends to live with the other as his partner during the applicant s stay; and
(vi) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(vii) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(viii) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and
(ix) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
295K. Leave to enter as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; may be granted provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Leave to remain as the unmarried partner or same-sex of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295J is met. If the applicant is seeking leave to enter or remain as the unmarried or same-sex partner of a Highly Skilled Migrant, any leave which is granted will be subject to a condition prohibiting Employment as a Doctor in Training, unless the applicant is in the UK and has, or has last been granted, entry clearance, leave to enter or remain (which was not subject to a condition prohibiting Employment as a Doctor in Training) as the unmarried or same-sex partner of a migrant granted leave under Parts 3, 4, 5 or 6 of these Rules.
Refusal of leave to enter or remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270
295L. Leave to enter as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Leave to remain as the unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193; 200-239; or 263-270; is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295J is met.
Indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
Requirements for indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
295M. The requirements to be met by a person seeking indefinite leave to remain as the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom, are that:
(i) the applicant was admitted to the United Kingdom admitted to the United Kingdom for a period not exceeding 27 months; or given an extension of stay for a period of 2 years in accordance with paragraphs 295AA to 295F of these Rules as the unmarried partner of a person present and settled in the United Kingdom; and
(ii) the person whom the applicant was admitted or granted an extension of stay to join died during that period of leave; and
(iii) the applicant was still the unmarried or same-sex partner of the person he was admitted or granted an extension of stay to join at the time of the death; and
(iv) each of the parties intended to live permanently with the other as his partner and the relationship was subsisting at the time of the death.
Indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
295N. Indefinite leave to remain for the bereaved unmarried partner of a person present and settled in the United Kingdom, may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 295M is met.
Refusal of indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom
295O. Indefinite leave to remain for the bereaved unmarried or same-sex partner of a person present and settled in the United Kingdom, is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 295M is met.
Children
Part 8 - Family members
Children
296. Nothing in these Rules shall be construed as permitting a child to be granted entry clearance, leave to enter or remain, or variation of leave where his parent is party to a polygamous marriage or civil partnership and any application by that parent for admission or leave to remain for settlement or with a view to settlement would be refused pursuant to paragraphs 278 or 278A.
Leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
298. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom are that he:
(i) is seeking to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child s upbringing; or
(d) one parent or a relative is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; and
(ii) has limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 302; and
(iii) is not leading an independent life, is unmarried, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds in accommodation which the parent, parents or relative the child was admitted to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents or relative the child was admitted to join, without recourse to public funds.
Indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
299. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 298 is met.
Refusal of indefinite leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
300. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 298 is met.
Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or
(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child s upbringing; or
(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and
(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and
(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
302. A person seeking limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 27 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be given limited leave to remain for a period not exceeding 27 months provided the Secretary of State is satisfied that each of the requirements of paragraph 301 (i)-(v) is met.
Refusal of limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
303. Limited leave to enter the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 301 (i)-(v) is met.
Leave to enter and extension of stay in the United Kingdom as the child of a parent who is being, or has been admitted to the united kingdom as a fiance(e) or proposed civil partner
Requirements for limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner
303A. The requirements to be met by a person seeking limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, are that:
(i) he is seeking to accompany or join a parent who is, on the same occasion that the child seeks admission, being admitted as a fiance(e) or proposed civil partner , or who has been admitted as a fiance(e) or proposed civil partner; and
(ii) he is under the age of 18; and
(iii) he is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) he can and will be maintained and accommodated adequately without recourse to public funds with the parent admitted or being admitted as a fiance(e) or proposed civil partner; and
(v) there are serious and compelling family or other considerations which make the child s exclusion undesirable, that suitable arrangements have been made for his care in the United Kingdom, and there is no other person outside the United Kingdom who could reasonably be expected to care for him; and
(vi) he holds a valid United Kingdom entry clearance for entry in this capacity.
Limited leave to enter the United Kingdom as the child of a parent who is being, or has been admitted to the United Kingdom as a fiance(e) or proposed civil partner
303B. A person seeking limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, may be granted limited leave to enter the United Kingdom for a period not in excess of that granted to the fiance(e) or proposed civil partner, provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Where the period of limited leave granted to a fiance(e) will expire in more than 6 months, a person seeking limited leave to enter as the child of the fiance(e) or proposed civil partner should be granted leave for a period not exceeding six months.
Refusal of limited leave to enter the United Kingdom as the child of a parent who is being, or has been admitted to the United Kingdom as a fiance(e) or proposed civil partner
303C. Limited leave to enter the United Kingdom as the child of a fiance(e) or proposed civil partner, is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner
303D. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner are that:
(i) the applicant was admitted with a valid United Kingdom entry clearance as the child of a fiance(e) or proposed civil partner; and
(ii) the applicant is the child of a parent who has been granted limited leave to enter, or an extension of stay, as a fiance(e) or proposed civil partner; and
(iii) the requirements of paragraph 303A (ii) - (v) are met.
Extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner
303E. An extension of stay as the child of a fiance(e) or proposed civil partner may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 303D is met.
Refusal of an extension of stay in the United Kingdom as the child of a fiance(e) or proposed civil partner
303F. An extension of stay as the child of a fiance(e) or proposed civil partner is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 303D is met.
Children born in the United Kingdom who are not British citizens
304. This paragraph and paragraphs 305-309 apply only to dependent children under 18 years of age who are unmarried and are not civil partners and who were born in the United Kingdom on or after 1 January 1983 (when the British Nationality Act 1981 came into force) but who, because neither of their parents was a British Citizen or settled in the United Kingdom at the time of their birth, are not British Citizens and are therefore subject to immigration control. Such a child requires leave to enter where admission to the United Kingdom is sought, and leave to remain where permission is sought for the child to be allowed to stay in the United Kingdom. If he qualifies for entry clearance, leave to enter or leave to remain under any other part of these Rules, a child who was born in the United Kingdom but is not a British Citizen may be granted entry clearance, leave to enter or leave to remain in accordance with the provisions of that other part.
Requirements for leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom
305. The requirements to be met by a child born in the United Kingdom who is not a British Citizen who seeks leave to enter or remain in the United Kingdom as the child of a parent or parents given leave to enter or remain in the United Kingdom are that he:
(i) (a) is accompanying or seeking to join or remain with a parent or parents who have, or are given, leave to enter or remain in the United Kingdom; or
(b) is accompanying or seeking to join or remain with a parent or parents one of whom is a British Citizen or has the right of abode in the United Kingdom; or
(c) is a child in respect of whom the parental rights and duties are vested solely in a local authority; and
(ii) is under the age of 18; and
(iii) was born in the United Kingdom; and
(iv) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(v) (where an application is made for leave to enter) has not been away from the United Kingdom for more than 2 years.
Leave to enter or remain in the United Kingdom
306. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the circumstances set out in paragraph 304 may be given leave to enter for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where leave to remain is sought, the child may be granted leave to remain for the same period as his parent or parents where paragraph 305 (i)(a) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met. Where the parent or parents have or are given periods of leave of different duration, the child may be given leave to whichever period is longer except that if the parents are living apart the child should be given leave for the same period as the parent who has day to day responsibility for him.
307. If a child does not qualify for leave to enter or remain because neither of his parents has a current leave, (and neither of them is a British Citizen or has the right of abode), he will normally be refused leave to enter or remain, even if each of the requirements of paragraph 305 (ii)-(v) has been satisfied. However, he may be granted leave to enter or remain for a period not exceeding 3 months if both of his parents are in the United Kingdom and it appears unlikely that they will be removed in the immediate future, and there is no other person outside the United Kingdom who could reasonably be expected to care for him.
308. A child born in the United Kingdom who is not a British Citizen and who requires leave to enter or remain in the United Kingdom in the circumstances set out in paragraph 304 may be given indefinite leave to enter where paragraph 305 (i)(b) or (i)(c) applies provided the Immigration Officer is satisfied that each of the requirements of paragraph 305 (ii)-(v) is met. Where an application is for leave to remain, such a child may be granted indefinite leave to remain where paragraph 305 (i)(b) or (i)(c) applies, provided the Secretary of State is satisfied that each of the requirements of paragraph 305 (ii)-(iv) is met.
Refusal of leave to enter or remain in the United Kingdom
309. Leave to enter the United Kingdom where the circumstances set out in paragraph 304 apply is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 305 is met. Leave to remain for such a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 305 (i)-(iv) is met.
Adopted children
309A. For the purposes of adoption under paragraphs 310-316C a de facto adoption shall be regarded as having taken place if:
(a) at the time immediately preceding the making of the application for entry clearance under these Rules the adoptive parent or parents have been living abroad (in applications involving two parents both must have lived abroad together) for at least a period of time equal to the first period mentioned in sub-paragraph (b)(i) and must have cared for the child for at least a period of time equal to the second period material in that sub-paragraph; and
(b) during their time abroad, the adoptive parent or parents have:
(i) lived together for a minimum period of 18 months, of which the 12 months immediately preceding the application for entry clearance must have been spent living together with the child; and
(ii) have assumed the role of the child s parents, since the beginning of the 18 month period, so that there has been a genuine transfer of parental responsibility.
Requirements for indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom
310. The requirements to be met in the case of a child seeking indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join an adoptive parent or parents in one of the following circumstances;
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child s upbringing; or
(f) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; or
(g) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purposes of settlement; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and
(v) DELETED
(vi) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or
(b) is the subject of a de facto adoption; and
(vii) was adopted at a time when:
(a) both adoptive parents were resident together abroad; or
(b) either or both adoptive parents were settled in the United Kingdom; and
(viii) has the same rights and obligations as any other child of the adoptive parent s or parents family; and
(ix) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
(x) has lost or broken his ties with his family of origin; and
(xi) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom; and
(xii) holds a valid United Kingdom entry clearance for entry in this capacity.
Requirements for indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom
311. The requirements to be met in the case of a child seeking indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom are that he:
(i) is seeking to remain with an adoptive parent or parents in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) one parent is present and settled in the United Kingdom and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom and has had sole responsibility for the child s upbringing; or
(d) one parent is present and settled in the United Kingdom and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; or
(e) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purpose of settlement; and
(ii) has limited leave to enter or remain in the United Kingdom, and
(a) is under the age of 18; or
(b) was given leave to enter or remain with a view to settlement under paragraph 315 or paragraph 316B; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and
(v) DELETED
(vi) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or
(b) is the subject of a de facto adoption; and
(vii) was adopted at a time when:
(a) both adoptive parents were resident together abroad; or
(b) either or both adoptive parents were settled in the United Kingdom; and
(viii) has the same rights and obligations as any other child of the adoptive parent s or parents family; and
(ix) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
(x) has lost or broken his ties with his family of origin; and
(xi) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to or remaining in the United Kingdom.
Indefinite leave to enter or remain in the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom
312. Indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 311 is met.
Refusal of indefinite leave to enter or remain in the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom
313. Indefinite leave to enter the United Kingdom as the adopted child of a parent or parents present and settled or being admitted for settlement in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the adopted child of a parent or parents present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 311 is met.
Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
314. The requirements to be met in the case of a child seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:
(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:
(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or
(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child s upbringing; or
(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child s care; or
(d) in the case of a de facto adoption one parent has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is seeking admission to the United Kingdom on the same occasion for the purpose of settlement; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated and maintained adequately without recourse to public funds in accommodation which the adoptive parent or parents own or occupy exclusively; and
(v) (a) was adopted in accordance with a decision taken by the competent administrative authority or court in his country of origin or the country in which he is resident, being a country whose adoption orders are recognised by the United Kingdom; or
(b) is the subject of a de facto adoption; and
(vi) was adopted at a time when:
(a) both adoptive parents were resident together abroad; or
(b) either or both adoptive parents were settled in the United Kingdom; and
(vii) has the same rights and obligations as any other child of the adoptive parent s or parents family; and
(viii) was adopted due to the inability of the original parent(s) or current carer(s) to care for him and there has been a genuine transfer of parental responsibility to the adoptive parents; and
(ix) has lost or broken his ties with his family of origin; and
(x) was adopted, but the adoption is not one of convenience arranged to facilitate his admission to the United Kingdom; and
(xi) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and
(xii) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
Limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
315. A person seeking limited leave to enter the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be admitted for a period not exceeding 12 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity. A person seeking limited leave to remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement may be granted limited leave for a period not exceeding 12 months provided the Secretary of State is satisfied that each of the requirements of paragraph 314 (i)-(xi) is met.
Refusal of limited leave to enter or remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement
316. Limited leave to enter the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom with a view to settlement as the adopted child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 314 (i)-(xi) is met.
Requirements for limited leave to enter the United Kingdom with a view to settlement as a child for adoption
316A. The requirements to be satisfied in the case of a child seeking limited leave to enter the United Kingdom for the purpose of being adopted (which, for the avoidance of doubt, does not include a de facto adoption) in the United Kingdom are that he:
(i) is seeking limited leave to enter to accompany or join a person or persons who wish to adopt him in the United Kingdom (the "prospective parent(s)"), in one of the following circumstances:
(a) both prospective parents are present and settled in the United Kingdom; or
(b) both prospective parents are being admitted for settlement on the same occasion that the child is seeking admission; or
(c) one prospective parent is present and settled in the United Kingdom and the other is being admitted for settlement on the same occasion that the child is seeking admission; or
(d) one prospective parent is present and settled in the United Kingdom and the other is being given limited leave to enter or remain in the United Kingdom with a view to settlement on the same occasion that the child is seeking admission, or has previously been given such leave; or
(e) one prospective parent is being admitted for settlement on the same occasion that the other is being granted limited leave to enter with a view to settlement, which is also on the same occasion that the child is seeking admission; or
(f) one prospective parent is present and settled in the United Kingdom or is being admitted for settlement on the same occasion that the child is seeking admission, and has had sole responsibility for the child s upbringing; or
(g) one prospective parent is present and settled in the United Kingdom or is being admitted for settlement on the same occasion that the child is seeking admission, and there are serious and compelling family or other considerations which would make the child s exclusion undesirable, and suitable arrangements have been made for the child s care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which the prospective parent or parents own or occupy exclusively; and
(v) will have the same rights and obligations as any other child of the marriage or civil partnership; and
(vi) is being adopted due to the inability of the original parent(s) or current carer(s) (or those looking after him immediately prior to him being physically transferred to his prospective parent or parents) to care for him, and there has been a genuine transfer of parental responsibility to the prospective parent or parents; and
(vii) has lost or broken or intends to lose or break his ties with his family of origin; and
(viii) will be adopted in the United Kingdom by his prospective parent or parents in accordance with the law relating to adoption in the United Kingdom, but the proposed adoption is not one of convenience arranged to facilitate his admission to the United Kingdom.
Limited leave to enter the United Kingdom with a view to settlement as a child for adoption
316B. A person seeking limited leave to enter the United Kingdom with a view to settlement as a child for adoption may be admitted for a period not exceeding 24 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity.
Refusal of limited leave to enter the United Kingdom with a view to settlement as a child for adoption
316C. Limited leave to enter the United Kingdom with a view to settlement as a child for adoption is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention
316D The requirements to be satisfied in the case of a child seeking limited leave to enter the United Kingdom for the purpose of being adopted in the United Kingdom under the Hague Convention are that he:
(i) is seeking limited leave to enter to accompany one or two people each of whom are habitually resident in the United Kingdom and who wish to adopt him under the Hague Convention ("the prospective parents");
(ii) is the subject of an agreement made under Article 17(c) of the Hague Convention; and
(iii) has been entrusted to the prospective parents by the competent administrative authority of the country from which he is coming to the United Kingdom for adoption under the Hague Convention; and
(iv) is under the age of 18; and
(v)* can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which the prospective parent or parents own or occupy exclusively; and
(vi)* holds a valid United Kingdom entry clearance for entry in this capacity.
Limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention
316E A person seeking limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention may be admitted for a period not exceeding 24 months provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity.
Refusal of limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention
316F Limited leave to enter the United Kingdom with a view to settlement as a child for adoption under the Hague Convention is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Parents, grandparents and other dependent relatives
Part 8 - Family members
Parents, grandparents and other dependent relatives of persons present and settled in the United Kingdom
Requirements for indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom
317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:
(i) is related to a person present and settled in the United Kingdom in one of the following ways:
(a) mother or grandmother who is a widow aged 65 years or over; or
(b) father or grandfather who is a widower aged 65 years or over; or
(c) parents or grandparents travelling together of whom at least one is aged 65 or over; or
(d) a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependant; or
(e) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; or
(f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; and
(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and
(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and
(v) has no other close relatives in his own country to whom he could turn for financial support; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter or remain as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom
318. Indefinite leave to enter the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 317 (i)-(v) is met.
Refusal of indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom
319. Indefinite leave to enter the United Kingdom as the parent, grandparent or other dependent relative of a person settled in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Indefinite leave to remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 317 (i)-(v) is met.
Family members of relevant points-based system migrants
Part 8 - Family members
Partners of relevant points-based system migrants
319AA In paragraphs 319A to 319K and Appendix E Relevant Points Based System Migrant means a migrant granted to leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 (Temporary Worker) Migrant.
319A. Purpose
This route is for the spouse, civil partner, unmarried or same-sex partner of a Relevant Points Based System Migrant (Partner of a Relevant Points Based System Migrant). Paragraphs 277 to 280 of these Rules apply to spouses or civil partners of Relevant Points Based System Migrant; paragraph 277 of these Rules applies to civil partners of Relevant Points Based System Migrant; and paragraph 295AA of these Rules applies to unmarried and same-sex partners of Relevant Points Based System Migrant
319B. Entry to the UK
(a) Subject to paragraph (b), all migrants wishing to enter as the Partner of a relevant Points Based System Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
(b) A Migrant arriving in the UK and wishing to enter as a partner of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:
(i) the migrant wishing to enter as partner is not a visa national,
(ii) the migrant wishing to enter as a Partner is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and
(iii) the migrant wishing to enter as a Partner meets the requirements of entry clearance in paragraph 319C.
319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.
(c) An applicant who is the unmarried or same-sex partner of a Relevant Points Based System Migrant must also meet the following requirements:
(i) any previous marriage or civil partnership or similar relationship by the applicant or the Relevant Points Based System Migrant with another person must have permanently broken down,
(ii) the applicant and the Relevant Points Based System Migrant must not be so closely related that they would be prohibited from marrying each other in the UK, and
(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.
(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.
(f) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant .
(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.
(h) An applicant who is applying for leave to remain, must have, or have last been granted, leave:
(i) as the Partner of a Relevant Points Based System Migrant,
(ii) as the spouse or civil partner, unmarried or same-sex partner of a person with leave under another category of these Rules who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or
(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory on the basis of having met the requirement at paragraph 245ZQ(b)(ii).
319D. Period and conditions of grant
(a) Entry clearance and leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant.
(b) Entry clearance and leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required under paragraph 326 of these Rules,
(iii) no Employment as a Doctor in Training, unless the applicant is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to a condition restricting their employment, whether that is employment as a Doctor in Training or otherwise, and has been employed during that leave on an NHS Foundation Programme or as a Doctor in Training.
(1) has, or has last been granted, entry clearance, leave to enter or remain as the spouse, civil partner, unmarried, or same-sex partner of a migrant granted leave under Parts 3, 5 or 6 of these Rules, or
(2) has, or has last been granted, leave to remain as the Partner of a Relevant Points Based System Migrant and that grant was not subject to a condition prohibiting Employment as a Doctor in Training, and
(iv) if the Relevant Points Based System Migrant is a Tier 4 Migrant who was granted leave for less than 12 months, no employment.
319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the Partner of the Relevant Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for a period of at least 2 years.
(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.
(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is aged 65 or over at the time this application is made.
Children of relevant points-based system migrants
319F. Purpose
This route is for the children of Relevant Points Based System Migrant who are under the age of 18 when they apply to enter under this route. Paragraph 296 of these Rules applies to children of Tier 1 Migrants.
319G. Entry to the UK
(a) Subject to paragraph (b), all migrants wishing to enter as the Child of a relevant Points Based System Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
(b) A Migrant arriving in the UK and wishing to enter as a child of a Tier 5 (Temporary Worker) Migrant, who does not have a valid entry clearance will not be refused entry if the following conditions are met:
(i) the migrant wishing to enter as child is not a visa national,
(ii) the migrant wishing to enter as a child is accompanying an applicant who at the same time is being granted leave to enter under paragraph 245ZN(b), and
(iii) the migrant wishing to enter as a Child meets the requirements of entry clearance in paragraph 319H.
319H. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the child of a parent who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.
(c) The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life.
(e) The applicant must not intend to stay in the UK beyond any period of leave granted to the Relevant Points Based System Migrant parent.
(f) Both of the applicant s parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrantis the applicant s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant s care.
(g) Unless the Relevant Points Based System Migrant is a Relevant Points Based System (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.
(h) An applicant who is applying for leave to remain must have, or have last been granted leave:
(i) as the child of a Relevant Points Based System Migrant,
(ii) as the child of a parent who had leave under another category of these Rules and who has since been granted, or is, at the same time, being granted leave to remain as a Relevant Points Based System Migrant, or
(iii) in any other category of these Rules, provided the Relevant Points Based System Migrant has, or is being granted, leave to remain as a Tier 5 (Temporary Worker) Migrant in the creative and sporting subcategory
on the basis of having met the requirement at paragraph 245ZQ(b)(ii).
319I. Period and conditions of grant
(a) Entry clearance and leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant parent.
(b) Entry clearance and leave to remain under this route will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required under paragraph 326 of these Rules, and
(iii) if the Relevant Points Based System Migrant is a Tier 4 Migrant who was granted leave for less than 12 months, no employment.
319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused, unless the applicant qualifies for leave to remain by virtue of paragraphs 33E to 33F of these Rules.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who is, at the same time, being granted indefinite leave to remain as a Points Based System Migrant .
(c) The applicant must have, or have last been granted, leave as the child of the Points Based System Migrant who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life.
(e) Both of an applicant s parents must either be lawfully present in the UK, or being granted entry clearance, limited leave to remain, or indefinite leave to remain at the same time as the applicant, unless:
(i) The Points Based System Migrant is the applicant s sole surviving parent, or
(ii) The Points Based System Migrant parent has and has had sole responsibility for the applicant s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant s care.
(f) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33F of these Rules, unless the applicant is under the age of 18 at the time this application is made.
319K. Documentary evidence
(a) Where Appendix E of these Rules states that specified documents must be provided, that means documents specified by the Secretary of State in the Tier 1 (General) Points Based System (Dependants) Policy Guidance. If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence.
(b) If the Entry Clearance Officer or Secretary of State has reasonable cause to doubt the genuineness of any document submitted by an applicant which is, or which purports to be a specified document under Appendix E of these Rules and, having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of this application.
Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).
Part 9 - General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom
Immigration rules
Refusal of entry clearance or leave to enter the United Kingdom
320. In addition to the grounds of refusal of entry clearance or leave to enter set out in Parts 2-8 of these Rules, and subject to paragraph 321 below, the following grounds for the refusal of entry clearance or leave to enter apply:
Grounds on which entry clearance or leave to enter the United Kingdom is to be refused
(1) the fact that entry is being sought for a purpose not covered by these Rules;
(2) the fact that the person seeking entry to the United Kingdom is currently the subject of a deportation order;
(3) failure by the person seeking entry to the United Kingdom to produce to the Immigration Officer a valid national passport or other document satisfactorily establishing his identity and nationality;
(4) failure to satisfy the Immigration Officer, in the case of a person arriving in the United Kingdom or seeking entry through the Channel Tunnel with the intention of entering any other part of the common travel area, that he is acceptable to the immigration authorities there;
(5) failure, in the case of a visa national, to produce to the Immigration Officer a passport or other identity document endorsed with a valid and current United Kingdom entry clearance issued for the purpose for which entry is sought;
(6) where the Secretary of State has personally directed that the exclusion of a person from the United Kingdom is conducive to the public good;
(7) save in relation to a person settled in the United Kingdom or where the Immigration Officer is satisfied that there are strong compassionate reasons justifying admission, confirmation from the Medical Inspector that, for medical reasons, it is undesirable to admit a person seeking leave to enter the United Kingdom.
(7A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant s knowledge), or material facts have not been disclosed, in relation to the application.
(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK s immigration laws by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);
unless the applicant:
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;
(ii) used Deception in an application for entry clearance more than 10 years ago;
(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;
(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago, or
(v) was removed or deported from the UK more than 10 years ago.
Where more than one breach of the UK s immigration laws has occurred, only the breach which leads to the longest period of absence from the UK will be relevant under this paragraph.
(7C) Paragraph 320(7B) shall not apply in the following circumstances:
(a) where the applicant is applying as:
(i) a spouse, civil partner or unmarried or same-sex partner under
paragraphs 281 or 295A,
(ii) a fiancé(e) or proposed civil partner under paragraph 290,
(iii) a parent, grandparent or other dependent relative under paragraph 317,
(iv) a person exercising rights of access to a child under paragraph 246, or
(v) a spouse, civil partner, unmarried or same-sex partner of a refugee or person with Humanitarian Protection under paragraphs 352A, 352AA, 352FA or 352FD; or
(b) where the individual was under the age of 18 at the time of his most recent breach of the UK s immigration laws.
Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused
(8) failure by a person arriving in the United Kingdom to furnish the Immigration Officer with such information as may be required for the purpose of deciding whether he requires leave to enter and, if so, whether and on what terms leave should be given;
(8A) where the person seeking leave is outside the United Kingdom, failure by him to supply any information, documents, copy documents or medical report requested by an Immigration Officer;
(9) failure by a person seeking leave to enter as a returning resident to satisfy the Immigration Officer that he meets the requirements of paragraph 18 of these Rules, or that he seeks leave to enter for the same purpose as that for which his earlier leave was granted;
(10) production by the person seeking leave to enter the United Kingdom of a national passport or travel document issued by a territorial entity or authority which is not recognised by Her Majesty s Government as a state or is not dealt with as a government by them, or which does not accept valid United Kingdom passports for the purpose of its own immigration control; or a passport or travel document which does not comply with international passport practice;
(11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.
(11) DELETED
(12) DELETED
(13) failure, except by a person eligible for admission to the United Kingdom for settlement or a spouse or civil partner eligible for admission under paragraph 282, to satisfy the Immigration Officer that he will be admitted to another country after a stay in the United Kingdom;
(14) refusal by a sponsor of a person seeking leave to enter the United Kingdom to give, if requested to do so, an undertaking in writing to be responsible for that person s maintenance and accommodation for the period of any leave granted;
(15) whether or not to the holder s knowledge, the making of false representations or the failure to disclose any material fact for the purpose of obtaining an immigration employment document;
(16) failure, in the case of a child under the age of 18 years seeking leave to enter the United Kingdom otherwise than in conjunction with an application made by his parent(s) or legal guardian to provide the Immigration Officer, if required to do so, with written consent to the application from his parent(s) or legal guardian; save that the requirement as to written consent does not apply in the case of a child seeking admission to the United Kingdom as an asylum seeker;
(17) save in relation to a person settled in the United Kingdom, refusal to undergo a medical examination when required to do so by the Immigration Officer;
(18) save where the Immigration Officer is satisfied that admission would be justified for strong compassionate reasons, conviction in any country including the United Kingdom of an offence which, if committed in the United Kingdom, is punishable with imprisonment for a term of 12 months or any greater punishment or, if committed outside the United Kingdom, would be so punishable if the conduct constituting the offence had occurred in the United Kingdom;
(19) where, from information available to the Immigration Officer, it seems right to refuse leave to enter on the ground that exclusion from the United Kingdom is conducive to the public good; if, for example, in the light of the character, conduct or associations of the person seeking leave to enter it is undesirable to give him leave to enter.
(20) failure by a person seeking entry into the United Kingdom to comply with a requirement relating to the provision of physical data to which he is subject by regulations made under section 126 of the Nationality, Immigration and Asylum Act 2002.
(21) DELETED
Refusal of leave to enter in relation to a person in possession of an entry clearance
321. A person seeking leave to enter the United Kingdom who holds an entry clearance which was duly issued to him and is still current may be refused leave to enter only where the Immigration Officer is satisfied that:
(i) False representations were made or false documents or information were submitted (whether or not material to the application, and whether or not to the holder s knowledge), or material facts were not disclosed, in relation to the application for entry clearance; or
(ii) a change of circumstances since it was issued has removed the basis of the holder s claim to admission, except where the change of circumstances amounts solely to the person becoming over age for entry in one of the categories contained in paragraphs 296-316 of these Rules since the issue of the entry clearance; or
(iii) refusal is justified on grounds of restricted return ability; on medical grounds; on grounds of criminal record; because the person seeking leave to enter is the subject of a deportation order or because exclusion would be conducive to the public good.
Grounds on which leave to enter or remain which is in force is to be cancelled at port or while the holder is outside the United Kingdom
321A. The following grounds for the cancellation of a person s leave to enter or remain which is in force on his arrival in, or whilst he is outside, the United Kingdom apply;
(1) there has been such a change in the circumstances of that person s case since the leave was given, that it should be cancelled; or
(2) false representations were made or false documents were submitted (whether or not material to the application, and whether or not to the holder s knowledge), or material facts were not disclosed, in relation to the application for leave; or
(3) save in relation to a person settled in the United Kingdom or where the Immigration Officer or the Secretary of State is satisfied that there are strong compassionate reasons justifying admission, where it is apparent that, for medical reasons, it is undesirable to admit that person to the United Kingdom; or
(4) where the Secretary of State has personally directed that the exclusion of that person from the United Kingdom is conducive to the public good; or
(5) where from information available to the Immigration Officer or the Secretary of State, it seems right to cancel leave on the ground that exclusion from the United Kingdom is conductive to the public good; if, for example, in the light of the character, conduct or associations of that person it is undesirable for him to have leave to enter the United Kingdom; or
(6) where that person is outside the United Kingdom, failure by that person to supply any information, documents, copy documents or medical report requested by an Immigration Officer or the Secretary of State.
Refusal of variation of leave to enter or remain or curtailment of leave
322. In addition to the grounds for refusal of extension of stay set out in Parts 2-8 of these Rules, the following provisions apply in relation to the refusal of an application for variation of leave to enter or remain or, where appropriate, the curtailment of leave:
Grounds on which leave to remain in the United Kingdom is to be refused
(1) the fact that variation of leave to enter or remain is being sought for a purpose not covered by these Rules.
(1A) where false representations have been made or false documents or information have been submitted (whether or not material to the application, and whether or not to the applicant s knowledge), or material facts have not been disclosed, in relation to the application.
Grounds on which leave to remain in the United Kingdom should normally be refused
(2) the making of false representations or the failure to disclose any material fact for the purpose of obtaining leave to enter or a previous variation of leave;
(3) failure to comply with any conditions attached to the grant of leave to enter or remain;
(4) failure by the person concerned to maintain or accommodate himself and any dependants without recourse to public funds;
(5) the undesirability of permitting the person concerned to remain in the United Kingdom in the light of his character, conduct or associations or the fact that he represents a threat to national security;
(6) refusal by a sponsor of the person concerned to give, if requested to do so, an undertaking in writing to be responsible for his maintenance and accommodation in the United Kingdom or failure to honour such an undertaking once given;
(7) failure by the person concerned to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of his stay;
(8) failure, except by a person who qualifies for settlement in the United Kingdom or by the spouse or civil partner of a person settled in the United Kingdom, to satisfy the Secretary of State that he will be returnable to another country if allowed to remain in the United Kingdom for a further period;
(9) failure by an applicant to produce within a reasonable time information, documents or other evidence required by the Secretary of State to establish his claim to remain under these Rules;
(10) failure, without providing a reasonable explanation, to comply with a request made on behalf of the Secretary of State to attend for interview;
(11) failure, in the case of a child under the age of 18 years seeking a variation of his leave to enter or remain in the United Kingdom otherwise than in conjunction with an application by his parent(s) or legal guardian, to provide the Secretary of State, if required to do so, with written consent to the application from his parent(s) or legal guardian; save that the requirement as to written consent does not apply in the case of a child who has been admitted to the United Kingdom as an asylum seeker.
Grounds on which leave to enter or remain may be curtailed
323. A person s leave to enter or remain may be curtailed:
(i) on any of the grounds set out in paragraph 322(2)-(5) above; or
(ii) if he ceases to meet the requirements of the Rules under which his leave to enter or remain was granted; or
(iii) if he is the dependant, or is seeking leave to remain as the dependant, of an asylum applicant whose claim has been refused and whose leave has been curtailed under section 7 of the1993 Act, and he does not qualify for leave to remain in his own right.
(iv) on any of the grounds set out in paragraph 339A (i)-(vi) and paragraph 339G (i)-(vi).
Curtailment of leave or alteration of duration of leave in relation to a Tier 2 Migrant, a Tier 5 Migrant or a Tier 5 Migrant
323A. In addition to the grounds specified in paragraph 323, the leave to enter or remain of a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 (Temporary Worker) Migrant may be curtailed, or its duration altered, if:
(a) the migrant s Sponsor ceases to have a sponser licence (for whatever reason)
(b) the migrant s Sponsor transfers the business for which the migrant works or at which the migrant is studying to another person, that person does not have a sponser licence and that person:
(i) fails to apply for a sponser licence within 28 days of the date of the transfwer of the business,
(ii) applies for a sponser licence but is refused, or
(iii) applies for a sponser licence and is granted one, but not in a category that would allow it to issue a Certificate of Sponsorship to the migrant,
(c) the migrant fails to commence, or ceases, working for the Sponsor, or
(d) in the case of a Tier 4 Migrant:
(i) the migrant fails to commence studying with the Sponsor, or
(ii) the migrant studies at an institution other than that which issued the visa letter on the basis of which the migrant s current entry clearance, leave to enter or leave to remain was granted unless the United Kingdom Border Agency has given its written consent for the migrant to transfer to another Sponsor, or
(iii) the migrant ceases studying with the Sponsor.
Crew members
324. A person who has been given leave to enter to join a ship, aircraft, hovercraft, hydrofoil or international train service as a member of its crew, or a crew member who has been given leave to enter for hospital treatment, repatriation or transfer to another ship, aircraft, hovercraft, hydrofoil or international train service in the United Kingdom, is to be refused leave to remain unless an extension of stay is necessary to fulfil the purpose for which he was given leave to enter or unless he meets the requirements for an extension of stay as a spouse or civil partner in paragraph 284.
Part 10 - Registration with the police
Immigration rules
325. For the purposes of paragraph 326, a "relevant foreign national" is a person aged 16 or over who is:
(i) a national or citizen of a country or territory listed in Appendix 2 to these Rules;
(ii) a stateless person; or
(iii) a person holding a non-national travel document.
326 (1) Subject to sub-paragraph (2) below, a condition requiring registration with the police should normally be imposed on any relevant foreign national who is:
(i) given limited leave to enter the United Kingdom for longer than six months; or
(ii) given limited leave to remain which has the effect of allowing him to remain in the United Kingdom for longer than six months, reckoned from the date of his arrival (whether or not such a condition was imposed when he arrived).
(2) Such a condition should not normally be imposed where the leave is given:
(i) as a seasonal agricultural worker;
(ii) as a Tier 5 (Temporary Worker) Migrant, provided the Certificate of Sponsership Checking System refrence for which points were awarded records that the applicant is being sponsored as an overseas goverment employee or a private servant is a diplomatic household;
(iii) as a Tier 2 (Minister of Religion) Migrant;
(iv) on the basis of marriage to or civil partnership with a person settled in the United Kingdom or as the unmarried or same-sex partner of a person settled in the United Kingdom
(v) as a person exercising access rights to a child resident in the United Kingdom;
(vi) as the parent of a child at school; or
(vii) following the grant of asylum.
(3) Such a condition should also be imposed on any foreign national given limited leave to enter the United Kingdom where, exceptionally, the Immigration Officer considers it necessary to ensure that he complies with the terms of the leave.
Part 11 - Asylum
Immigration rules
326A. Procedure
The procedures set out in these Rules shall apply to the consideration of asylum and humanitarian protection.
Definition of asylum applicant
327. Under the Rules an asylum applicant is a person who either;
(a) makes a request to be recognised as a refugee under the Geneva Convention on the basis that it would be contrary to the United Kingdom s obligations under the Geneva Convention for him to be removed from or required to leave the United Kingdom, or
(b) otherwise makes a request for international protection. "Application for asylum" shall be construed accordingly.
327A. Every person has the right to make an application for asylum on his own behalf.
Applications for asylum
328. All asylum applications will be determined by the Secretary of State in accordance with the Geneva Convention. Every asylum application made by a person at a port or airport in the United Kingdom will be referred by the Immigration Officer for determination by the Secretary of State in accordance with these Rules.
328A. The Secretary of State shall ensure that authorities which are likely to be addressed by someone who wishes to make an application for asylum are able to advise that person how and where such an application may be made.
329. Until an asylum application has been determined by the Secretary of State or the Secretary of State has issued a certificate under Part 2, 3, 4 or 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 no action will be taken to require the departure of the asylum applicant or his dependants from the United Kingdom.
330. If the Secretary of State decides to grant asylum and the person has not yet been given leave to enter, the Immigration Officer will grant limited leave to enter.
331. If a person seeking leave to enter is refused asylum or their application for asylum is withdrawn or treated as withdrawn under paragraph 333C of these Rules, the Immigration Officer will consider whether or not he is in a position to decide to give or refuse leave to enter without interviewing the person further. If the Immigration Officer decides that a further interview is not required he may serve the notice giving or refusing leave to enter by post. If the Immigration Officer decides that a further interview is required, he will then resume his examination to determine whether or not to grant the person leave to enter under any other provision of these Rules. If the person fails at any time to comply with a requirement to report to an Immigration Officer for examination, the Immigration Officer may direct that the person s examination shall be treated as concluded at that time. The Immigration Officer will then consider any outstanding applications for entry on the basis of any evidence before him.
332. If a person who has been refused leave to enter applies for asylum and that application is refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules, leave to enter will again be refused unless the applicant qualifies for admission under any other provision of these Rules.
333. Written notice of decisions on applications for asylum shall be given in reasonable time. Where the applicant is legally represented, notice may instead be given to the representative. Where the applicant has no legal representative and free legal assistance is not available, he shall be informed of the decision on the application for asylum and, if the application is rejected, how to challenge the decision, in a language that he may reasonably be supposed to understand.
333A. The Secretary of State shall ensure that a decision is taken by him on each application for asylum as soon as possible, without prejudice to an adequate and complete examination.
Where a decision on an application for asylum cannot be taken within six months of the date it was recorded, the Secretary of State shall either:
(a) inform the applicant of the delay; or
(b) if the applicant has made a specific written request for it, provide information on the timeframe within which the decision on his application is to be expected. The provision of such information shall not oblige the Secretary of State to take a decision within the stipulated time-frame.
333B. Applicants for asylum shall be allowed an effective opportunity to consult, at their own expense or at public expense in accordance with provision made for this by the Legal Services Commission or otherwise, a person who is authorised under Part V of the Immigration and Asylum Act 1999 to give immigration advice. This paragraph shall also apply where the Secretary of State is considering revoking a person s refugee status in accordance with these Rules.
Withdrawal of applications
333C. If an application for asylum is withdrawn either explicitly or implicitly, consideration of it may be discontinued. An application will be treated as explicitly withdrawn if the applicant signs the relevant form provided by the Secretary of State. An application may be treated as impliedly withdrawn if an applicant fails to attend the personal interview as provided in paragraph 339NA of these Rules unless the applicant demonstrates within a reasonable time that that failure was due to circumstances beyond his or her control. The Secretary of State will indicate on the applicant s asylum file that the application for asylum has been withdrawn and consideration of it has been discontinued.
Grant of asylum
334. An asylum applicant will be granted asylum in the United Kingdom if the Secretary of State is satisfied that:
(i) he is in the United Kingdom or has arrived at a port of entry in the United Kingdom;
(ii) he is a refugee, as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
(iii) there are no reasonable grounds for regarding him as a danger to the security of the United Kingdom;
(iv) he does not, having been convicted by a final judgment of a particularly serious crime, he does not constitute danger to the community of the United Kingdom; and
(v) refusing his application would result in him being required to go (whether immediately or after the time limited by any existing leave to enter or remain) in breach of the Geneva Convention, to a country in which his life or freedom would be threatened on account of his race, religion, nationality, political opinion or membership of a particular social group.
335. If the Secretary of State decides to grant asylum to a person who has been given leave to enter (whether or not the leave has expired) or to a person who has entered without leave, the Secretary of State will vary the existing leave or grant limited leave to remain.
Refusal of asylum
336. An application which does not meet the criteria set out in paragraph 334 will be refused. Where an application for asylum is refused, the reasons in fact and law shall be stated in the decision and information provided in writing on how to challenge the decision.
337. DELETED
338. When a person in the United Kingdom is notified that asylum has been refused he may, if he is liable to removal as an illegal entrant , removal under section 10 of the Immigration and Asylum Act 1999 or to deportation, at the same time be notified of removal directions, served with a notice of intention to make a deportation order, or served with a deportation order, as appropriate.
339. DELETED
Revocation or refusal to renew a grant of asylum
339A. A person s grant of asylum under paragraph 334 will be revoked or not renewed if the Secretary of State is satisfied that:
(i) he has voluntarily re-availed himself of the protection of the country of nationality;
(ii) having lost his nationality, he has voluntarily re-acquired it; or
(iii) he has acquired a new nationality, and enjoys the protection of the country of his new nationality;
(iv) he has voluntarily re-established himself in the country which he left or outside which he remained owing to a fear of persecution;
(v) he can no longer, because the circumstances in connection with which he has been recognised as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of nationality;
(vi) being a stateless person with no nationality, he is able, because the circumstances in connection with which he has been recognised a refugee have ceased to exist, to return to the country of former habitual residence;
(vii) he should have been or is excluded from being a refugee in accordance with regulation 7 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
(viii) his misrepresentation or omission or facts, including the use of false documents, were decisive for the grant of asylum;
(ix) there are reasonable grounds for regarding him as a danger to the security of the United Kingdom; or
(x) having been convicted by a final judgment of a particularly serious crime he constitutes danger to the community of the United Kingdom.
In considering (v) and (vi), the Secretary of State shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the refugee s fear of persecution can no longer be regarded as well-founded.
Where an application for asylum was made on or after the 21st October 2004, the Secretary of State will revoke or refuse to renew a person s grant of asylum where he is satisfied that at least one of the provisions in sub-paragraph (i)-(vi) apply.
339B. When a person s grant of asylum is revoked or not renewed any limited leave which they have may be curtailed.
339BA. Where the Secretary of State is considering revoking refugee status in accordance with these Rules, the person concerned shall be informed in writing that the Secretary of State is reconsidering his qualification for refugee status and the reasons for the reconsideration. That person shall be given the opportunity to submit, in a personal interview or in a written statement, reasons as to why his refugee status should not be revoked. If there is a personal interview, it shall be subject to the safeguards set out in these Rules.
Grant of humanitarian protection
339C. A person will be granted humanitarian protection in the United Kingdom if the Secretary of State is satisfied that:
(i) he is in the United Kingdom or has arrived at a port of entry in the United Kingdom;
(ii) he does not qualify as a refugee as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
(iii) substantial grounds have been shown for believing that the person concerned, if he returned to the country of return, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail himself of the protection of that country; and
(iv) he is not excluded from a grant of humanitarian protection.
Serious harm consists of:
(i) the death penalty or execution;
(ii) unlawful killing;
(iii) torture or inhuman or degrading treatment or punishment of a person in the country of return; or
(iv) serious and individual threat to a civilian s life or person by reason of indiscriminate violence in situations of international or internal armed conflict.
Exclusion from humanitarian protection
339D. A person is excluded from a grant of humanitarian protection under paragraph 339C (iv) where the Secretary of State is satisfied that:
(i) there are serious reasons for considering that he has committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes;
(ii) there are serious reasons for considering that he is guilty of acts contrary to the purposes and principles of the United Nations or has committed, prepared or instigated
such acts or encouraged or induced others to commit, prepare or instigate instigated such acts;
(iii) there are serious reasons for considering that he constitutes a danger to the community or to the security of the United Kingdom; and
(iv) prior to his admission to the United Kingdom the person committed a crime outside the scope of (i) and (ii) that would be punishable by imprisonment were it committed in the United Kingdom and the person left his country of origin solely in order to avoid sanctions resulting from the crime.
339E. If the Secretary of State decides to grant humanitarian protection and the person has not yet been given leave to enter, the Secretary of State or an Immigration Officer will grant limited leave to enter. If the Secretary of State decides to grant humanitarian protection to a person who has been given limited leave to enter (whether or not that leave has expired) or a person who has entered without leave, the Secretary of State will vary the existing leave or grant limited leave to remain.
Refusal of humanitarian protection
339F. Where the criteria set out in paragraph 339C is not met humanitarian protection will be refused.
Revocation of humanitarian protection
339G. A person s humanitarian protection granted under paragraph 339C will be revoked or not renewed if the Secretary of State is satisfied that at least one of the following applies:
(i) the circumstances which led to the grant of humanitarian protection have ceased to exist or have changed to such a degree that such protection is no longer required;
(ii) the person granted humanitarian protection should have been or is excluded from humanitarian protection because there are serious reasons for considering that he has committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes;
(iii) the person granted humanitarian protection should have been or is excluded from humanitarian protection because there are serious reasons for considering that he is
guilty of acts contrary to the purposes and principles of the United Nations or has committed, prepared or instigated such acts or encouraged or induced others to commit,
prepare or instigate such acts;
(iv) the person granted humanitarian protection should have been or is excluded from humanitarian protection because there are serious reasons for considering that he constitutes a danger to the community or to the security of the United Kingdom;
(v) the person granted humanitarian protection misrepresented or omitted facts, including the use of false documents, which were decisive to the grant of humanitarian protection; or
(vi) the person granted humanitarian protection should have been or is excluded from humanitarian protection because prior to his admission to the United Kingdom the person committed a crime outside the scope of (ii) and (iii) that would be punishable by imprisonment had it been committed in the United Kingdom and the person left his country of origin solely in order to avoid sanctions resulting from the crime.
In applying (i) the Secretary of State shall have regard to whether the change of circumstances is of such a significant and non-temporary nature that the person no longer faces a real risk of serious harm;
339H. When a person s humanitarian protection is revoked or not renewed any limited leave which they have may be curtailed.
Consideration of applications
339HA. The Secretary of State shall ensure that the personnel examining applications for asylum and taking decisions on his behalf have the knowledge with respect to relevant standards applicable in the field of asylum and refugee law.
339I. When the Secretary of State considers a person s asylum claim, eligibility for a grant of humanitarian protection or human rights claim it is the duty of the person to submit to the Secretary of State as soon as possible all material factors needed to substantiate the asylum claim or establish that he is a person eligible for humanitarian protection or substantiate the human rights claim, which the Secretary of State shall assess in cooperation with the person.
The material factors include:
(i) the person s statement on the reasons for making an asylum claim or on eligibility for a grant of humanitarian protection or for making a human rights claim;
(ii) all documentation at the person s disposal regarding the person s age, background (including background details of relevant relatives), identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes; and
(iii) identity and travel documents.
339IA. For the purposes of examining individual applications for asylum
(i) information provided in support of an application and the fact that an application has been made shall not be disclosed to the alleged actor(s) of persecution of the applicant, and
(ii) information shall not be obtained from the alleged actor(s) of persecution that would result in their being directly informed that an application for asylum has been made by the applicant in question and would jeopardise the physical integrity of the applicant and his dependants, or the liberty and security of his family members still living in the country of origin.
This paragraph shall also apply where the Secretary of State is considering revoking a person s refugee status in accordance with these Rules.
339J. The assessment by the Secretary of State of an asylum claim, eligibility for a grant of humanitarian protection or a human rights claim will be carried out on an individual, objective and impartial basis. This will include taking into account in particular:
(i) all relevant facts as they relate to the country of origin or country of return at the time of taking a decision on the grant; including laws and regulations of the country of origin or country of return and the manner in which they are applied;
(ii) relevant statements and documentation presented by the person including information on whether the person has been or may be subject to persecution or serious harm;
(iii) the individual position and personal circumstances of the person, including factors such as background, gender and age, so as to assess whether, on the basis of the person s personal circumstances, the acts to which the person has been or could be exposed would amount to persecution or serious harm;
(iv) whether the person s activities since leaving the country of origin or country of return were engaged in for the sole or main purpose of creating the necessary conditions for making an asylum claim or establishing that he is a person eligible for humanitarian protection or a human rights claim, so as to assess whether these activities will expose the person to persecution or serious harm if he returned to that country; and
(v) whether the person could reasonably be expected to avail himself of the protection of another country where he could assert citizenship.
339JA. Reliable and up-to-date information shall be obtained from various sources as to the general situation prevailing in the countries of origin of applicants for asylum and, where necessary, in countries through which they have transited. Such information shall be made available to the personnel responsible for examining applications and taking decisions and may be provided to them in the form of a consolidated country information report.
This paragraph shall also apply where the Secretary of State is considering revoking a person s refugee status in accordance with these Rules.
339K. The fact that a person has already been subject to persecution or serious harm, or to direct threats of such persecution or such harm, will be regarded as a serious indication of the person s well-founded fear of persecution or real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated.
339L. It is the duty of the person to substantiate the asylum claim or establish that he is a person eligible humanitarian protection or substantiate his human rights claim. Where aspects of the person s statements are not supported by documentary or other evidence, those aspects will not need confirmation when all of the following conditions are met:
(i) the person has made a genuine effort to substantiate his asylum claim or establish that he is a person eligible humanitarian protection or substantiate his human rights claim;
(ii) all material factors at the person s disposal have been submitted, and a satisfactory explanation regarding any lack of other relevant material has been given;
(iii) the person s statements are found to be coherent and plausible and do not run counter to available specific and general information relevant to the person s case;
(iv) the person has made an asylum claim or sought to establish that he is a person eligible for humanitarian protection or made a human rights claim at the earliest possible time, unless the person can demonstrate good reason for not having done so; and
(v) the general credibility of the person has been established.
339M. The Secretary of State may consider that a person has not substantiated his asylum claim or established that he is a person eligible for humanitarian protection or substantiated his human rights claim, and thereby reject his application for asylum, determine that he is not eligible for humanitarian protection or reject his human rights claim, if he fails, without reasonable explanation, to make a prompt and full disclosure of material facts, either orally or in writing, or otherwise to assist the Secretary of State in establishing the facts of the case; this includes, for example, failure to report to a designated place to be fingerprinted, failure to complete an asylum questionnaire or failure to comply with a requirement to report to an immigration officer for examination.
339MA. Applications for asylum shall be neither rejected nor excluded from examination on the sole ground that they have not been made as soon as possible.
339N. In determining whether the general credibility of the person has been established the Secretary of State will apply the provisions in s.8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
Personal interview
339NA. Before a decision is taken on the application for asylum, the applicant shall be given the opportunity of a personal interview on his application for asylum with a representative of the Secretary of State who is legally competent to conduct such an interview.
The personal interview may be omitted where:
(i) the Secretary of State is able to take a positive decision on the basis of evidence available;
(ii) the Secretary of State has already had a meeting with the applicant for the purpose of assisting him with completing his application and submitting the essential information regarding the application;
(iii) the applicant, in submitting his application and presenting the facts, has only raised issues that are not relevant or of minimal relevance to the examination of whether he is a refugee, as defined in regulation 2 of the Refugee or Person in Need of International Protection (Qualification) Regulations 2006;
(iv) the applicant has made inconsistent, contradictory, improbable or insufficient representations which make his claim clearly unconvincing in relation to his having been the object of persecution;
(v) the applicant has submitted a subsequent application which does not raise any relevant new elements with respect to his particular circumstances or to the situation in his country of origin;
(vi) the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in his removal; and
(vii) it is not reasonably practicable, in particular where the Secretary of State is of the opinion that the applicant is unfit or unable to be interviewed owing to enduring circumstances beyond his control.
The omission of a personal interview shall not prevent the Secretary of State from taking a decision on the application.
Where the personal interview is omitted, the applicant and dependants shall be given a reasonable opportunity to submit further information.
339NB. (i) The personal interview mentioned in paragraph 339NA above shall normally take place without the presence of the applicant s family members unless the Secretary of State considers it necessary for an appropriate examination to have other family members present.
(ii) The personal interview shall take place under conditions which ensure appropriate confidentiality.
339NC (i) A written report shall be made of every personal interview containing at least the essential information regarding the asylum application as presented by the applicant in accordance with paragraph 339I of these Rules.
(ii) The Secretary of State shall ensure that the applicant has timely access to the report of the personal interview and that access is possible as soon as necessary for allowing an appeal to be prepared and lodged in due time.
(iii) The Secretary of State shall request the applicant s approval of the contents of the report of the personal interview. Where an applicant refuses to approve the contents of the report, the reasons for this refusal shall be entered into the applicant s file.
(iv) The refusal of an applicant to approve the contents of the report shall not prevent the Secretary of State from taking a decision on his application.
339ND The Secretary of State shall provide at public expense an interpreter for the purpose of allowing the applicant to submit his case, wherever necessary. The Secretary of State shall select an interpreter who can ensure appropriate communication between the applicant and the representative of the Secretary of State who conducts the interview.
Internal relocation
339O (i) The Secretary of State will not make:
(a) a grant of asylum if in part of the country of origin a person would not have a well founded fear of being persecuted, and the person can reasonably be expected to stay in that part of the country;
or
(b) a grant of humanitarian protection if in part of the country of return a person would not face a real risk of suffering serious harm, and the person can reasonably be expected to stay in that part of the country.
(ii) In examining whether a part of the country of origin or country of return meets the requirements in (i) the Secretary of State, when making his decision on whether to grant asylum or humanitarian protection, will have regard to the general circumstances prevailing in that part of the country and to the personal circumstances of the person.
(iii) (i) applies notwithstanding technical obstacles to return to the country of origin or country of return
Sur place claims
339P. A person may have a well-founded fear of being persecuted or a real risk of suffering serious harm based on events which have taken place since the person left the country of origin or country of return and/or activates which have been engaged in by a person since he left he country of origin or country of return, in particular where it is established that the activities relied upon constitute the expression and continuation of convictions or orientations held in the country of origin or country of return.
Residence Permits
339Q(i) The Secretary of State will issue to a person granted asylum in the United Kingdom a United Kingdom Residence Permit (UKRP) as soon as possible after the grant of asylum. The UKRP will be valid for five years and renewable, unless compelling reasons of national security or public order otherwise require or where there are reasonable grounds for considering that the applicant is a danger to the security of the UK or having been convicted by a final judgment of a particularly serious crime, the applicant constitutes a danger to the community of the UK.
(ii) The Secretary of State will issue to a person granted humanitarian protection in the United Kingdom a UKRP as soon as possible after the grant of humanitarian protection. The UKRP will be valid for five years and renewable, unless compelling reasons of national security or public order otherwise require or where there are reasonable grounds for considering that the person granted humanitarian protection is a danger to the security of the UK or having been convicted by a final judgment of a serious crime, this person constitutes a danger to the community of the UK.
(iii) The Secretary of State will issue a UKRP to a family member of a person granted asylum or humanitarian protection where the family member does not qualify for such status. A UKRP will be granted for a period of five years. The UKRP is renewable on the terms set out in (i) and (ii) respectively. "Family member" for the purposes of this sub-paragraph refers only to those who are treated as dependants for the purposes of paragraph 349.
(iv) The Secretary of State may revoke or refuse to renew a person s UKRP where their grant of asylum or humanitarian protection is revoked under the provisions in the immigration rules.
Consideration of asylum applications and human rights claims
340. DELETED
341. DELETED
342. The actions of anyone acting as an agent of the asylum applicant or human rights claimant may also be taken into account in regard to the matters set out in paragraphs 340 and 341.
343. DELETED
344. DELETED
Travel documents
344A(i). After having received a complete application for a travel document, the Secretary of State will issue to a person granted asylum in the United Kingdom and their family members travel documents, in the form set out in the Schedule to the Geneva Convention, for the purpose of travel outside the United Kingdom, unless compelling reasons of national security or public order otherwise require.
(ii) After having received a complete application for a travel document, the Secretary of State will issue travel documents to a person granted humanitarian protection in the United Kingdom where that person is unable to obtain a national passport or other identity documents which enable him to travel, unless compelling reasons of national security or public order otherwise require.
(iii) Where the person referred to in (ii) can obtain a national passport or identity documents but has not done so, the Secretary of State will issue that person with a travel document where he can show that he has made reasonable attempts to obtain a national passport or identity document and there are serious humanitarian reasons for travel.
Access to Employment
344B. The Secretary of State will not impose conditions restricting the employment or occupation in the United Kingdom of a person granted asylum or humanitarian protection.
Information
344C. A person who is granted asylum or humanitarian protection will be provided with access to information in a language that they may reasonably be supposed to understand which sets out the rights and obligations relating to that status. The Secretary of State will provide the information as soon as possible after the grant of asylum or humanitarian protection.
Third country cases
345. (1) In a case where the Secretary of State is satisfied that the conditions set out in Paragraphs 4 and 5(1), 9 and 10(1), 14 and 15(1) or 17 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 are fulfilled, he will normally decline to examine the asylum application substantively and issue a certificate under Part 2, 3, 4 or 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 as appropriate.
(2) The Secretary of State shall not issue a certificate under Part 2, 3, 4 or 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 unless:
(i) the asylum applicant has not arrived in the United Kingdom directly from the country in which he claims to fear persecution and has had an opportunity at the border or within the third country or territory to make contact with the authorities of that third country or territory in order to seek their protection; or
(ii) there is other clear evidence of his admissibility to a third country or territory.
Provided that he is satisfied that a case meets these criteria, the Secretary of State is under no obligation to consult the authorities of the third country or territory before the removal of an asylum applicant to that country or territory.
345(2A) Where a certificate is issued under Part 2, 3, 4 or 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 the asylum applicant shall:
(i) be informed in a language that he may reasonably be expected to understand regarding his removal to a safe third country;
(ii) be provided with a document informing the authorities of the safe third country, in the language of that country, that the asylum application has not been examined in substance by the authorities in the United Kingdom;
(iii) sub-paragraph 345(2A)(ii) shall not apply if removal takes place with reference to the arrangements set out in Regulation (EC) No. 343/2003 (the Dublin Regulation); and
iv) if an asylum applicant removed under this paragraph is not admitted to the safe third country (not being a country to which the Dublin Regulation applies as specified in paragraph 345(2A)(iii)), subject to determining and resolving the reasons for his nonadmission, the asylum applicant shall be admitted to the asylum procedure in the United Kingdom.
(3) Where a certificate is issued under Part 2, 3, 4 or 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 in relation to the asylum claim and the person is seeking leave to enter the Immigration Officer will consider whether or not he is in a position to decide to give or refuse leave to enter without interviewing the person further. If the Immigration Officer decides that a further interview is not required he may serve the notice giving or refusing leave to enter by post. If the Immigration Officer decides that a further interview is required, he will then resume his examination to determine whether or not to grant the person leave to enter under any other provision of these Rules. If the person fails at any time to comply with a requirement to report to an Immigration Officer for examination, the Immigration Officer may direct that the person s examination shall be treated as concluded at that time. The Immigration Officer will then consider any outstanding applications for entry on the basis of any evidence before him.
(4) Where a certificate is issued under Part 2, 3, 4 or 5 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 the person may, if liable to removal as an illegal entrant, or removal under section 10 of the Immigration and Asylum Act 1999 or to deportation, at the same time be notified of removal directions, served with a notice of intention to make a deportation order, or served with a deportation order, as appropriate.
Previously rejected applications
346. DELETED
347. DELETED
Rights of appeal
348. DELETED
Dependants
349. A spouse, civil partner, unmarried or same-sex partner, or minor child accompanying a principal applicant may be included in his application for asylum as his dependant, provided, in the case of an adult dependant with legal capacity, the dependant consents to being treated as such at the time the application is lodged. A spouse, civil partner, unmarried or same-sex partner or minor child may also claim asylum in his own right. If the principal applicant is granted asylum or humanitarian protection and leave to enter or remain any spouse, civil partner, unmarried or same-sex partner or minor child will be granted leave to enter or remain for the same duration. The case of any dependant who claims asylum in his own right will be also considered individually in accordance with paragraph 334 above. An applicant under this paragraph, including an accompanied child, may be interviewed where he makes a claim as a dependant or in his own right.
If the spouse, civil partner, unmarried or same-sex partner, or minor child in question has a claim in his own right, that claim should be made at the earliest opportunity. Any failure to do so will be taken into account and may damage credibility if no reasonable explanation for it is given. Where an asylum or humanitarian protection application is unsuccessful, at the same time that asylum or humanitarian protection is refused the applicant may be notified of removal directions or served with a notice of the Secretary of State s intention to deport him, as appropriate. In this paragraph and paragraphs 350-352 a child means a person who is under 18 years of age or who, in the absence of documentary evidence establishing age, appears to be under that age. An unmarried or same sex partner for the purposes of this paragraph, is a person who has been living together with the principal applicant in a subsisting relationship akin to marriage or a civil partnership for two years or more.
Unaccompanied children
350. Unaccompanied children may also apply for asylum and, in view of their potential vulnerability, particular priority and care is to be given to the handling of their cases.
351. A person of any age may qualify for refugee status under the Convention and the criteria in paragraph 334 apply to all cases. However, account should be taken of the applicant s maturity and in assessing the claim of a child more weight should be given to objective indications of risk than to the child s state of mind and understanding of his situation. An asylum application made on behalf of a child should not be refused solely because the child is too young to understand his situation or to have formed a well founded fear of persecution. Close attention should be given to the welfare of the child at all times.
352. Any child over the age of 12 who has claimed asylum in his own right shall be interviewed about the substance of his claim unless the child is unfit or unable to be interviewed. When an interview takes place it shall be conducted in the presence of a parent, guardian, representative or another adult independent of the Secretary of State who has responsibility for the child. The interviewer shall have specialist training in the interviewing of children and have particular regard to the possibility that a child will feel inhibited or alarmed. The child shall be allowed to express himself in his own way and at his own speed. If he appears tired or distressed, the interview shall be stopped.
352ZA. The Secretary of State shall as soon as possible after an unaccompanied child makes an application for asylum take measures to ensure that a representative represents and/or assists the unaccompanied child with respect to the examination of the application and ensure that the representative is given the opportunity to inform the unaccompanied child about the meaning and possible consequences of the interview and, where appropriate, how to prepare himself for the interview. The representative shall have the right to be present at the interview and ask questions and make comments in the interview, within the framework set by the interviewer.
352ZB. The decision on the application for asylum shall be taken by a person who is trained to deal with asylum claims from children.
352A. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse civil partner of a refugee are that:
(i) the applicant is married to or the civil partner of a person granted asylum in the United Kingdom ; and
(ii) the marriage or civil partnership did not take place after the person granted asylum left the country of his former habitual residence in order to seek asylum; an
(iii) the applicant would not be excluded from protection by virtue of article 1F of the United Nations Convention and Protocol relating to the Status of Refugees if he were to seek asylum in his own right; and
(iv) each of the parties intends to live permanently with the other as his or her spouse civil partner and the marriage is subsisting; and
(v) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
352AA. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the unmarried or the same-sex partner of a refugee are that:
(i) the applicant is the unmarried or same-sex partner of a person granted asylum in the UK on or after 9th October 2006; and
(ii) the parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more; and
(iii) the relationship existed before the person granted asylum left the country of his former habitual residence in order to seek asylum; and
(iv) the applicant would not be excluded from protection by virtue of paragraph 334(iii) or
(iv) of these Rules or article 1F of the Geneva Convention if he were to seek asylum in his own right; and
(v) each of the parties intends to live permanently with the other as his or her unmarried or same-sex partner and the relationship is subsisting; and
(vi) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
352B. Limited leave to enter the United Kingdom as the spouse civil partner of a refugee may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the spouse of a refugee may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 352A (i) - (iii) are met.
352BA Limited leave to enter the United Kingdom as the unmarried or same-sex partner of a refugee may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the unmarried or same sex partner of a refugee may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 352AA (i) - (v) are met.
352C. Limited leave to enter the United Kingdom as the spouse civil partner of a refugee is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as the spouse civil partner of a refugee is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 352A (i) - (iii) are met.
352CA Limited leave to enter the United Kingdom as the unmarried or same-sex partner of a refugee is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as the unmarried or same sex partner of a refugee is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 352AA (i) - (v) are met.
352D. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom in order to join or remain with the parent who has been granted asylum in the United Kingdom are that the applicant:
(i) is the child of a parent who has been granted asylum in the United Kingdom; and
(ii) is under the age of 18, and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) was part of the family unit of the person granted asylum at the time that the person granted asylum left the country of his habitual residence in order to seek asylum; and
(v) would not be excluded from protection by virtue of article 1F of the United Nations Convention and Protocol relating to the Status of Refugees if he were to seek asylum in his own right; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
352E. Limited leave to enter the United Kingdom as the child of a refugee may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the child of a refugee may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 352D (i) - (v) are met.
352F. Limited leave to enter the United Kingdom as the child of a refugee is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as the child of a refugee is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 352D (i) - (v) are met.
352FA. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a person who has been granted humanitarian protection in the United Kingdom on or after 30 August 2005 are that:
(i) the applicant is married to or the civil partner of a person granted humanitarian protection on or after 30 August 2005; and
(ii) the marriage or civil partnership did not take place after the person granted humanitarian protection left the country of his former habitual residence in order to seek asylum in the UK; and
(iii) the applicant would not be excluded from a grant of humanitarian protection for any of the reasons in paragraph 339D; and
(iv) each of the parties intend to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting; and
(v) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
352FB. Limited leave to enter the United Kingdom as the spouse or civil partner of a person granted humanitarian protection may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the spouse or civil partner of a person granted humanitarian protection may be granted provided the Secretary of State is satisfied that each of the requirements in sub paragraphs 352FA(i) - (iv) are met.
352FC. Limited leave to enter the United Kingdom as the spouse or civil partner of a person granted humanitarian protection is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as the spouse or civil partner of a person granted humanitarian protection is to be refused if the Secretary of State is not satisfied that each of the requirements in sub paragraphs 352FA (i) - (iv) are met.
352FD. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the unmarried or same-sex partner of a person who has been granted humanitarian protection in the United Kingdom are that:
(i) the applicant is the unmarried or same-sex partner of a person granted humanitarian protection on or after 9th October 2006; and
(ii) the parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more; and
(iii) the relationship existed before the person granted humanitarian protection left the country of his former habitual residence in order to seek asylum; and
(iv) the applicant would not be excluded from a grant of humanitarian protection for any of the reasons in paragraph 339D; and
(v) each of the parties intends to live permanently with the other as his or her unmarried or same-sex partner and the relationship is subsisting; and
(vi) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
352FE. Limited leave to enter the United Kingdom as the unmarried or same-sex partner of a person granted humanitarian protection may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the unmarried or same sex partner of a person granted humanitarian protection may be granted provided the Secretary of State is satisfied that each of the requirements in subparagraphs 352FD (i) - (v) are met.
352FF. Limited leave to enter the United Kingdom as the unmarried or same-sex partner of a person granted humanitarian protection is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as the unmarried or same sex partner of a person granted humanitarian protection is to be refused if the Secretary of State is not satisfied that each of the requirements in sub paragraphs 352FD(i) - (v) are met.
352FG. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom in order to join or remain with their parent who has been granted humanitarian protection in the United Kingdom on or after 30 August 2005 are that the applicant:
(i) is the child of a parent who has been granted humanitarian protection in the United Kingdom on or after 30 August 2005; and
(ii) is under the age of 18, and
(iii) is not leading an independent life, is unmarried or is not in a civil partnership, and has not formed an independent family unit; and
(iv) was part of the family unit of the person granted humanitarian protection at the time that the person granted humanitarian protection left the country of his habitual residence in order to seek asylum in the UK; and
(v) would not be excluded from a grant of humanitarian protection for any of the reasons in paragraph 339D; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
352FH. Limited leave to enter the United Kingdom as the child of a person granted humanitarian protection may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival. Limited leave to remain in the United Kingdom as the child of a person granted humanitarian protection may be granted provided the Secretary of State is satisfied that each of the requirements in sub paragraphs 352FG (i) -(v) are met.
352FI. Limited leave to enter the United Kingdom as the child of a person granted humanitarian protection is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. Limited leave to remain as the child of a person granted humanitarian protection is to be refused if the Secretary of State is not satisfied that each of the requirements in sub paragraphs 352FG (i) -(v) are met.
Interpretation
352G. For the purposes of this Part:
(a) "Geneva Convention" means the United Nations Convention and Protocol relating to the Status of Refugees;
(b) "Country of return" means a country or territory listed in paragraph 8(c) of Schedule 2 of the Immigration Act 1971;
(c) "Country of origin" means the country or countries of nationality or, for a stateless person, or former habitual residence.
Part 11A - Temporary Protection
Immigration rules
Definition of Temporary Protection Directive
354. For the purposes of paragraphs 355 to 356B, "Temporary Protection Directive" means Council Directive 2001/55/EC of 20 July 2001 regarding the giving of temporary protection by Member States in the event of a mass influx of displaced persons.
Grant of temporary protection
355. An applicant for temporary protection will be granted temporary protection if the Secretary of State is satisfied that:
(i) the applicant is in the United Kingdom or has arrived at a port of entry in the United Kingdom; and
(ii) the applicant is a person entitled to temporary protection as defined by, and in accordance with, the Temporary Protection Directive; and
(iii) the applicant does not hold an extant grant of temporary protection entitling him to reside in another Member State of the European Union. This requirement is subject to the provisions relating to dependants set out in paragraphs 356 to 356B and to any agreement to the contrary with the Member State in question; and
(iv) the applicant is not excluded from temporary protection under the provisions in paragraph 355A.
355A. An applicant or a dependant may be excluded from temporary protection if:
(i) there are serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
(b) he has committed a serious non-political crime outside the United Kingdom prior to his application for temporary protection; or
(c) he has committed acts contrary to the purposes and principles of the United Nations, or
(ii) there are reasonable grounds for regarding the applicant as a danger to the security of the United Kingdom or, having been convicted by a final judgment of a particularly serious crime, to be a danger to the community of the United Kingdom.
Consideration under this paragraph shall be based solely on the personal conduct of the applicant concerned. Exclusion decisions or measures shall be based on the principle of proportionality.
355B. If temporary protection is granted to a person who has been given leave to enter or remain (whether or not the leave has expired) or to a person who has entered without leave, the Secretary of State will vary the existing leave or grant limited leave to remain.
355C. A person to whom temporary protection is granted will be granted limited leave to enter or remain, which is not to be subject to a condition prohibiting employment, for a period not exceeding 12 months. On the expiry of this period, he will be entitled to apply for an extension of this limited leave for successive periods of 6 months thereafter.
355D. A person to whom temporary protection is granted will be permitted to return to the United Kingdom from another Member State of the European Union during the period of a mass influx of displaced persons as established by the Council of the European Union pursuant to Article 5 of the Temporary Protection Directive.
355E. A person to whom temporary protection is granted will be provided with a document in a language likely to be understood by him in which the provisions relating to temporary protection and which are relevant to him are set out. A person with temporary protection will also be provided with a document setting out his temporary protection status.
355F. The Secretary of State will establish and maintain a register of those granted temporary protection. The register will record the name, nationality, date and place of birth and marital status of those granted temporary protection and their family relationship to any other person who has been granted temporary protection.
355G. If a person who makes an asylum application is also eligible for temporary protection, the Secretary of State may decide not to consider the asylum application until the applicant ceases to be entitled to temporary protection.
Dependants
356. In this part:
"dependant" means a family member or a close relative.
"family member" means:
(i) the spouse or civil partner of an applicant for, or a person who has been granted, temporary protection; or
(ii) the unmarried or same-sex partner of an applicant for, or a person who has been granted, temporary protection where the parties have been living together in a relationship akin to marriage which has subsisted for 2 years or more; or
(iii) the minor child (who is unmarried and not a civil partner); of an applicant for, or a person who has been granted, temporary protection or his spouse,
who lived with the principal applicant as part of the family unit in the country of origin immediately prior to the mass influx.
"close relative" means:
(i) the adult child (who is unmarried and not a civil partner), parent or grandparent of an applicant for, or person who has been granted, temporary protection; or
(ii) sibling (who is unmarried and not a civil partner or the uncle or aunt of an applicant for, or person who has been granted, temporary protection, who lived with the principal applicant as part of the family unit in the country of origin immediately prior to the mass influx and was wholly or mainly dependent upon the principal applicant at that time, and would face extreme hardship if reunification with the principal applicant did not take place.
356A. A dependant may apply for temporary protection. Where the dependant falls within paragraph 356 and does not fall to be excluded under paragraph 355A, he will be granted temporary protection for the same duration and under the same conditions as the principal applicant.
356B. When considering any application by a dependant child, the Secretary of State shall take into consideration the best interests of that child.
Part 11B - Asylum
Immigration rules
Reception Conditions for non-EU asylum applicants
357. Part 11B only applies to asylum applicants (within the meaning of these Rules) who are not nationals of a member State.
Information to be provided to asylum applicants
357A. The Secretary of State shall inform asylum applicants in a language they may reasonably be supposed to understand and within a reasonable time after their claim for asylum has been recorded of the procedure to be followed, their rights and obligations during the procedure, and the possible consequences of non-compliance and non-co-operation. They shall be informed of the likely timeframe for consideration of the application and the means at their disposal for submitting all relevant information.
358. The Secretary of State shall inform asylum applicants within a reasonable time not exceeding fifteen days after their claim for asylum has been recorded of the benefits and services that they may be eligible to receive and of the rules and procedures with which they must comply relating to them. The Secretary of State shall also provide information on non-governmental organisations and persons that provide legal assistance to asylum applicants and which may be able to help asylum applicants or provide information on available benefits and services.
358A The Secretary of State shall ensure that the information referred to in paragraph 358 is available in writing and, to the extent possible, will provide the information in a language that asylum applicants may reasonably be supposed to understand. Where appropriate, the Secretary of State may also arrange for this information to be supplied orally.
Information to be provided by asylum applicants
358B An asylum applicant must notify the Secretary of State of his current address and of any change to his address or residential status. If not notified beforehand, any change must be notified to the Secretary of State without delay after it occurs.
The United Nations High Commissioner for Refugees
358C. A representative of the United Nations High Commissioner for Refugees (UNHCR) or an organisation working in the United Kingdom on behalf of the UNHCR pursuant to an agreement with the government shall:
(a) have access to applicants for asylum, including those in detention;
(b) have access to information on individual applications for asylum, on the course of the procedure and on the decisions taken on applications for asylum, provided that the applicant for asylum agrees thereto;
(c) be entitled to present his views, in the exercise of his supervisory responsibilities under Article 35 of the Geneva Convention, to the Secretary of State regarding individual applications for asylum at any stage of the procedure.
This paragraph shall also apply where the Secretary of State is considering revoking a person s refugee status in accordance with these Rules.
Documentation
359 The Secretary of State shall ensure that, within three working days of recording an asylum application, a document is made available to that asylum applicant, issued in his own name, certifying his status as an asylum applicant or testifying that he is allowed to remain in the United Kingdom while his asylum application is pending. For the avoidance of doubt, in cases where the Secretary of State declines to examine an application it will no longer be pending for the purposes of this rule.
359A The obligation in paragraph 359 above shall not apply where the asylum applicant is detained under the Immigration Acts, the Immigration and Asylum Act 1999 or the Nationality, Immigration and Asylum Act 2002.
359B A document issued to an asylum applicant under paragraph 359 does not constitute evidence of the asylum applicant s identity.
359C In specific cases the Secretary of State or an Immigration Officer may provide an asylum applicant with evidence equivalent to that provided under rule 359. This might be, for example, in circumstances in which it is only possible or desirable to issue a time-limited document.
Right to request permission to take up employment
360 An asylum applicant may apply to the Secretary of State for permission to take up employment which shall not include permission to become self employed or to engage in a business or professional activity if a decision at first instance has not been taken on the applicant s asylum application within one year of the date on which it was recorded. The Secretary of State shall only consider such an application if, in his opinion, any delay in reaching a decision at first instance cannot be attributed to the applicant.
360A If an asylum applicant is granted permission to take up employment under rule 360 this shall only be until such time as his asylum application has been finally determined.
Interpretation
361 For the purposes of this Part -
(a) working day means any day other than a Saturday or Sunday, a bank holiday, Christmas day or Good Friday;
(b) member State has the same meaning as in Schedule 1 to the European Communities Act 1972.
Part 12 - Procedure and rights of appeal
Immigration rules
Fresh Claims
353. When a human rights or asylum claim has been refused or withdrawn or treated as withdrawn under paragraph 333C of these Rules and any appeal relating to that claim is no longer pending, the decision maker will consider any further submissions and, if rejected, will then determine whether they amount to a fresh claim. The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered. The submissions will only be significantly different if the content:
(i) had not already been considered; and
(ii) taken together with the previously considered material, created a realistic prospect of success, notwithstanding its rejection.
This paragraph does not apply to claims made overseas.
353A. Consideration of further submissions shall be subject to the procedures set out in these Rules. An applicant who has made further submissions shall not be removed before the Secretary of State has considered the submissions under paragraph 353 or otherwise.
This paragraph does not apply to submissions made overseas.
Part 13 - Deportation
Immigration rules
A deportation order
362. A deportation order requires the subject to leave the United Kingdom and authorises his detention until he is removed. It also prohibits him from re-entering the country for as long as it is in force and invalidates any leave to enter or remain in the United Kingdom given him before the Order is made or while it is in force.
363. The circumstances in which a person is liable to deportation include:
(i) where the Secretary of State deems the person s deportation to be conducive to the public good;
(ii) where the person is the spouse or civil partner or child under 18 of a person ordered to be deported; and
(iii) where a court recommends deportation in the case of a person over the age of 17 who has been convicted of an offence punishable with imprisonment.
363A. Prior to 2 October 2000, a person would have been liable to deportation in certain circumstances in which he is now liable to administrative removal. These circumstances are listed in paragraph 394B below. However, such a person remains liable to deportation, rather than administrative removal where:
(i) a decision to make a deportation order against him was taken before 2 October 2000; or
(ii) the person has made a valid application under the Immigration (Regularisation Period for Overstayers) Regulations 2000.
364. Subject to paragraph 380, while each case will be considered on its merits, where a person is liable to deportation the presumption shall be that the public interest requires deportation. The Secretary of State will consider all relevant factors in considering whether the presumption is outweighed in any particular case, although it will only be in exceptional circumstances that the public interest in deportation will be outweighed in a case where it would not be contrary to the Human Rights Convention and the Convention and Protocol relating to the Status of Refugees to deport. The aim is an exercise of the power of deportation which is consistent and fair as between one person and another, although one case will rarely be identical with another in all material respects. In the cases detailed in paragraph 363A deportation will normally be the proper course where a person has failed to comply with or has contravened a condition or has remained without authority.
364A. Paragraph 364 does not apply where the Secretary of State must make a deportation order in respect of a foreign criminal under section 32(5) of the UK Borders Act 2007.
Deportation of family members
365. Section 5 of the Immigration Act 1971 gives the Secretary of State power in certain circumstances to make a deportation order against the spouse, civil partner or child of a person against whom a deportation order has been made. The Secretary of State will not normally decide to deport the spouse or civil partner of a deportee where:
(i) he has qualified for settlement in his own right; or
(ii) he has been living apart from the deportee.
366. The Secretary of State will not normally decide to deport the child of a deportee where:
(i) he and his mother or father are living apart from the deportee; or
(ii) he has left home and established himself on an independent basis; or
(iii) he married or formed a civil partnership before deportation came into prospect.
367. In considering whether to require a spouse or child to leave with the deportee the Secretary of State will take account of all relevant factors, including, as well as the following:
(i) the ability of the spouse or civil partner to maintain himself and any children in the United Kingdom, or to be maintained by relatives or friends without charge to public funds, not merely for a short period but for the foreseeable future; and
(ii) in the case of a child of school age, the effect of removal on his education; and
(iii) the practicality of any plans for a child s care and maintenance in this country if one or both of his parents were deported; and
(iv) any representations made on behalf of the spouse or child.
368. Where the Secretary of State decides that it would be appropriate to deport a member of a family as such, the decision, and the right of appeal, will be notified and it will at the same time be explained that it is open to the member of the family to leave the country voluntarily if he does not wish to appeal or if he appeals and his appeal is dismissed.
Right of appeal against destination
369. DELETED
Restricted right of appeal against deportation in cases of breach of limited leave
370. DELETED
Exemption to the restricted right of appeal
371. DELETED
372. DELETED
A deportation order made on the recommendation of a Court
373. DELETED
Where deportation is deemed to be conducive to the public good
374. DELETED
375. DELETED
Hearing of appeals
376. DELETED
377. DELETED
378. A deportation order may not be made while it is still open to the person to appeal against the Secretary of State s decision, or while an appeal is pending except where the Secretary of State is required to make the deportation order in respect of a foreign criminal under section 32(5) of the UK Borders Act 2007. There is no appeal within the immigration appeal system against the making of a deportation order on the recommendation of a court; but there is a right of appeal to a higher court against the recommendation itself. A deportation order may not be made while it is still open to the person to appeal against the relevant conviction, sentence or recommendation, or while such an appeal is pending.
Persons who have claimed asylum
379. DELETED
379A. DELETED
380. A deportation order will not be made against any person if his removal in pursuance of the order would be contrary to the United Kingdom s obligations under the Convention and Protocol relating to the Status of Refugees or the Human Rights Convention.
Procedure
381. When a decision to make a deportation order has been taken (otherwise than on the recommendation of a court) a notice will be given to the person concerned informing him of the decision and of his right of appeal.
382. Following the issue of such a notice the Secretary of State may authorise detention or make an order restricting a person as to residence, employment or occupation and requiring him to report to the police, pending the making of a deportation order.
383. DELETED
384. If a notice of appeal is given within the period allowed, a summary of the facts of the case on the basis of which the decision was taken will be sent to the appropriate appellate authorities, who will notify the appellant of the arrangements for the appeal to be heard.
Arrangements for removal
385. A person against whom a deportation order has been made will normally be removed from the United Kingdom. The power is to be exercised so as to secure the person s return to the country of which he is a national, or which has most recently provided him with a travel document, unless he can show that another country will receive him. In considering any departure from the normal arrangements, regard will be had to the public interest generally, and to any additional expense that may fall on public funds.
386. The person will not be removed as the subject of a deportation order while an appeal may be brought against the removal directions or such an appeal is pending.
Supervised departure
387. DELETED
Returned deportees
388. Where a person returns to this country when a deportation order is in force against him, he may be deported under the original order. The Secretary of State will consider every such case in the light of all the relevant circumstances before deciding whether to enforce the order.
Returned family members
389. Persons deported in the circumstances set out in paragraphs 365-368 above (deportation of family members) may be able to seek re-admission to the United Kingdom under the Immigration Rules where:
(i) a child reaches 18 (when he ceases to be subject to the deportation order); or
(ii) in the case of a spouse or civil partner, the marriage or civil partnership comes to an end.
Revocation of deportation order
390. An application for revocation of a deportation order will be considered in the light of all the circumstances including the following:
(i) the grounds on which the order was made;
(ii) any representations made in support of revocation;
(iii) the interests of the community, including the maintenance of an effective immigration control;
(iv) the interests of the applicant, including any compassionate circumstances.
391. In the case of an applicant who has been deported following conviction for a criminal offence continued exclusion
(i) in the case of a conviction which is capable of being spent under the Rehabilitation of Offenders Act 1974, unless the conviction is spent within the meaning of that Act or, if the conviction is spent in less than 10 years, 10 years have elapsed since the making of the deportation order; or
(ii) in the case of a conviction not capable of being spent under that Act, at any time, unless refusal to revoke the deportation order would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees.
will normally be the proper course. In other cases revocation of the order will not normally be authorised unless the situation has been materially altered, either by a change of circumstances since the order was made, or by fresh information coming to light which was not before, or the appellate authorities or the Secretary of State. The passage of time since the person was deported may also in itself amount to such a change of circumstances as to warrant revocation of the order.
392. Revocation of a deportation order does not entitle the person concerned to re-enter the United Kingdom; it renders him eligible to apply for admission under the Immigration Rules. Application for revocation of the order may be made to the Entry Clearance Officer or direct to the Home Office.
Rights of appeal in relation to a decision not to revoke a deportation order
393. DELETED
394. DELETED
395. There may be a right of appeal against refusal to revoke a deportation order. Where an appeal does lie the right of appeal will be notified at the same time as the decision to refuse to revoke the order.
Administrative Removal
395A. A person is now liable to administrative removal in certain circumstances in which he would, prior to 2 October 2000, have been liable to deportation.
395B. These circumstances are set out in section 10 of the 1999 Act. They are:
(i) failure to comply with a condition attached to his leave to enter or remain, or remaining beyond the time limited by the leave;
(ii) where the person has obtained leave to remain by deception; and
(iii) where the person is the spouse civil partner, or child under 18 of someone in respect of whom directions for removal have been given under section 10.
395C. Before a decision to remove under section 10 is given, regard will be had to all the relevant factors known to the Secretary of State including:
(i) age;
(ii) length of residence in the United Kingdom;
(iii) strength of connections with the United Kingdom;
(iv) personal history, including character, conduct and employment record;
(v) domestic circumstances;
(vi) previous criminal record and the nature of any offence of which the person has been convicted;
(vii) compassionate circumstances;
(viii) any representations received on the person s behalf.
In the case of family members, the factors listed in paragraphs 365-368 must also be taken into account.
395D. No one shall be removed under section 10 if his removal would be contrary to the United Kingdom s obligations under the Convention and Protocol relating to the Status of Refugees or under the Human Rights Convention.
Procedure
395E. When a decision that a person is to be removed under section 10 has been given, a notice will be given to the person concerned informing him of the decision and of any right of appeal.
395F. Following the issue of such a notice an Immigration Officer may authorise detention or make an order restricting a person as to residence, employment or occupation and requiring him to report to the police, pending the removal.
Appendix 1 - Visa requirements for the United Kingdom
Immigration rules
1. Subject to paragraph 2 below, the following persons need a visa for the United Kingdom:
(a) Nationals or citizens of the following countries or territorial entities:
Afghanistan
Albania
Algeria
Angola
Armenia
Azerbaijan
Bahrain
Bangladesh
Belarus
Benin
Bhutan
Bolivia
Bosnia Herzegovina
Burkina Faso
Burma
Burundi
Cambodia
Cameroon
Cape Verde
Central African Republic
Chad
People s Republic of China (except those referred to in sub-paragraphs 2(d) and (e) of this Appendix)
Colombia
Comoros
Congo
Cuba
Democratic Republic of the Congo
Djibouti
Dominican Republic
Ecuador
Egypt
Equatorial Guinea
Eritrea
Ethiopia
Fiji
Gabon
Gambia
Georgia
Ghana
Guinea
Guinea Bissau
Guyana
Haiti
India
Indonesia
Iran
Iraq
Ivory Coast
Jamaica
Jordan
Kazakhstan
Kenya
Korea (North)
Kuwait
Kyrgyzstan
Laos
Lebanon
Lesotho
Liberia
Libya
Macedonia
Madagascar
Malawi
Mali
Mauritania
Moldova
Mongolia
Morocco
Mozambique
Nepal
Niger
Nigeria
Oman
Pakistan
Peru
Philippines
Qatar
Russia
Rwanda
Sao Tome e Principe
Saudi Arabia
Senegal
Sierra Leone
Somalia
South Africa
Sri Lanka
Sudan
Surinam
Swaziland
Syria
Taiwan (except those referred to in sub-paragraph 2(h) of this Appendix)
Tajikistan
Tanzania
Thailand
Togo
Tunisia
Turkey
Turkmenistan
Uganda
Ukraine
United Arab Emirates
Uzbekistan
Venezuela (except those referred to in sub-paragraph 2(i) of this Appendix)
Vietnam
Yemen
Zambia
Zimbabwe
The territories formerly comprising the socialist Federal Republic of Yugoslavia
(b) Persons who hold passports or travel documents issued by the former Soviet Union or by the former Socialist Federal Republic of Yugoslavia.
(c) Stateless persons.
(d) Persons who hold non-national documents.
2. The following persons do not need a visa for the United Kingdom:
(a) those who qualify for admission to the United Kingdom as returning residents in accordance with paragraph 18;
(b) those who seek leave to enter the United Kingdom within the period of their earlier leave and for the same purpose as that for which that leave was granted, unless it
(i) was for a period of six months or less; or
(ii) was extended by statutory instrument or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999);
(c) DELETED
(d) those nationals or citizens of the People s Republic of China holding passports issued by Hong Kong Special Administrative Region;
(e) those nationals or citizens of the People s Republic of China holding passports issued by Macao Special Administrative Region;
(f) those who arrive in the United Kingdom with leave to enter which is in force but which was given before arrival, so long as those in question arrive within the period of their earlier leave and for the same purpose as that for which leave was granted, unless that leave -
(i) was for a period of six months or less, or
(ii) was extended by statutory instrument or by section 3C of the Immigration Act 1971 (inserted by section 3 of the Immigration and Asylum Act 1999);
(g) DELETED
(h) those nationals or citizens of Taiwan who hold a passport by Taiwan that includes the number of the identification card issued by the competent authority in Taiwan in it.
(i) those nationals or citizens of Venezuela who hold a passport issued by the Republic of Venezuela that contains biometric information held in an electronic chip.
Appendix 2 - Countries or territories whose nationals or citizens are relevant foreign nationals for the purposes of Part 10 of these Rules
Immigration rules
Registration with the police
Afghanistan
Algeria
Argentina
Armenia
Azerbaijan
Bahrain
Belarus
Bolivia
Brazil
China
Colombia
Cuba
Egypt
Georgia
Iran
Iraq
Israel
Jordan
Kazakhstan
Kuwait
Kyrgyzstan
Lebanon
Libya
Moldova
Morocco
North Korea
Oman
Palestine
Peru
Qatar
Russia
Saudi Arabia
Sudan
Syria
Tajikistan
Tunisia
Turkey
Turkmenistan
United Arab Emirates
Ukraine
Uzbekistan
Yemen
Appendix 3 - List of Countries participating in the Working Holidaymaker Scheme
Immigration rules
Antigua and Barbuda
Australia
The Bahamas
Bangladesh
Barbados
Belize
Botswana
Brunei Darussalam
Canada
Cameroon
Dominica
Fiji Islands
The Gambia
Ghana
Grenada
Guyana
India
Jamaica
Kenya
Kiribati
Malawi
Malaysia
Maldives
Mauritius
Mozambique
Namibia
Nauru
New Zealand
Nigeria
Pakistan
Papua New Guinea
Saint Christopher and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Seychelles
Sierra Leone
Singapore
Solomon Islands
South Africa
Sri Lanka
Swaziland
Tanzania, United Republic of
Tonga
Trinidad and Tobago
Tuvalu
Uganda
Vanuatu
Western Samoa
Zambia
Zimbabwe
Appendix 4: DELETED
Appendix 5: DELETED
Appendix 6 - Disciplines for which an Academic Technology Approval Scheme certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office is required for the purposes of paragraph 57(v) of these Rules
Immigration rules
1. Doctorate or Masters by research:
Subjects allied to Medicine:
JACs codes beginning
B1 - Anatomy, Physiology and Pathology
B2 - Pharmacology, Toxicology and Pharmacy
B9 - Others in subjects allied to Medicine
Biological Sciences:
JACs codes beginning
C1 - Biology
C2 - Botany
C4 - Genetics
C5 - Microbiology
C7 - Molecular Biology, Biophysics and Biochemistry
C9 - Others in Biological Sciences
Veterinary Sciences, Agriculture and related subjects:
JACs codes beginning
D3 - Animal Science
D9 - Others in Veterinary Sciences, Agriculture and related subjects
Physical Sciences:
JACs codes beginning
F1 - Chemistry
F2 - Materials Science
F3 - Physics
F5 - Astronomy
F8 - Physical and Terrestrial Geographical and Environmental Sciences
F9 - Others in Physical Sciences
Mathematical and Computer Sciences:
JACs codes beginning
G1 - Mathematics
G2 - Operational Research
G4 - Computer Science
G7 - Artificial Intelligence
G9 - Others in Mathematical and Computing Sciences
Engineering:
JACs codes beginning
H1 - General Engineering
H2 - Civil Engineering
H3 - Mechanical Engineering
H4 - Aerospace Engineering
H5 - Naval Architecture
H6 - Electronic and Electrical Engineering
H7 - Production and Manufacturing Engineering
H8 - Chemical, Process and Energy Engineering
H9 - Others in Engineering
Technologies:
JACs codes beginning
J2 - Metallurgy
J4 - Polymers and Textiles
J5 - Materials Technology not otherwise specified
J7 - Industrial Biotechnology
J9 - Others in Technology
2. Taught Masters:
F2 - Materials Science
F3 - Physics (including Nuclear Physics)
H3 - Mechanical Engineering
H4 - Aerospace Engineering
J5 - Materials Technology/Materials Science not otherwise specified
Appendix A: Attributes
Appendix B: English language
Appendix C: Maintenance (funds)
Appendix D: Immigration rules for leave to remain as a Highly Skilled Migrant as at 28 February 2008
Appendix E: Maintenance (funds) for the family of Relevant Points Based Systems Migrants
Appendix F: Immigration rules relating to Highly Skilled Migrants, the International Graduates Scheme, the Fresh Talent: Working in Scotland Scheme, Businesspersons, Innovators, Investors and Writers, Composers and Artists as at 29 June 2008
Appendix G: Countries participating in the Tier 5 Youth Mobility Scheme
Immigration Acts for regulating entry into and the stay of persons in the United Kingdom
IMMIGRATION RULES UK
Уважаемые заявители и представители туристических агентств, в настоящее время мы НЕ принимаем документы на оформление виз для уроженцев республик Северного Кавказа: Дагестан, Карачаево-Черкесия, Кабардино-Балкария, Северная Осетия, Ингушетия, Чечня, а также для граждан Южной Осетии и Республики Абхазия в связи с участившимися случаями безмотивных отказов в выдаче виз вышеуказанным категориям граждан.
Для оформления виз гражданам СНГ (Азербайджана, Армении, Белоруссии, Казахстана, Киргизии, Таджикистана, Узбекистана, Украины) в консульском оруге России (Москве), необходимо подтверждение легального проживания (вид на жительство, разрешение на временное проживание, регистрация по месту пребывания) и наличия средст для поездки (подтверждение места работы, разрешение на работу, выписка из банка об остатке средств на счете).
При оформлении виз в консульском округе России (Москве) Граждане Белоруссии и Казахстана освобождены от необходимости оформления вида на жительство, разрешения на времнное проживание и разрешения на работу в России.
При оформлении виз в консульском округе России (Москве) Граждане СНГ имеющие разрешение на временное проживание или вид на жительство освобождены от необходимости оформления разрешения на работу.
Граждане СНГ при оформлении виз в Москве и отсутствии места работы (разрешения на работу) или отсутствия подтвердения наличия средств в банке вправе предоставить письмо о спонсорстве с приложением копии паспорта спонсора, копии свидетельства подтверждающего отношение к заявителю, подтверждение места работы и выписки о наличии средств в банке. Спонсорами по отношению друг к другу могут быть только родители, дети, бабушки и дедушки, муж и жена. Спонсорство иных лиц правового значения не имеет.
Граждане СНГ (Азербайджана, Армении, Белоруссии, Казахстана, Киргизии, Молдавии, Таджикистана, Туркменистана, Узбекистана, Украины), граждане Грузии, Литвы, Латвии, Эстонии в случае отсутствия консульства на их территории вправе оформить визу в консульстве в Москве без необходимости подтверждения легального пребывания на территории России.
Стоимость оформления виз в Великобританию
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