General provisions regarding leave to enter or remain in the United Kingdom

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) i) he has attended an ESOL course at an accredited college;



ii) the course used teaching materials derived from the document entitled "Citizenship Materials for ESOL Learners" (ISBN 1-84478-5424);



iii) he has demonstrated relevant progress in accordance with paragraph 33F; and



iv) he has attained a relevant 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, an 'accredited college' is:



(a) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children's Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty's Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales); or an inspection programme that has been approved by the Island's Government (if situated in the Channel Islands or Isle of Man); or



(b) a private college that has been accredited by Accreditation UK, The British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS), the Accreditation Service for International Colleges (ASIC).



33D. In these Rules, a 'relevant qualification' is:



(a) an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or



(b) one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 Level approved by the Scottish Qualifications Authority.



33E. In these Rules, a 'suitably qualified person' is a person who is deemed suitably qualified by the institution in which the assessment is undertaken.



33F. An applicant has 'demonstrated relevant progress' if he meets the requirements of paragraphs 33F (a) or (b).



(a) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009, are that the applicant provides evidence to the Secretary of State that:



(i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and



(ii) he has successfully completed a course of study leading to a relevant qualification; and



(iii) having been assessed in accordance with paragraph (i) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or



(iv) having been assessed in accordance with paragraph (i) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or



(v) having been assessed in accordance with paragraph (i) as being at Entry 2, he has attained a relevant qualification at Entry 3.



(b) The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the applicant provides evidence to the Secretary of State that -



(i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and



(ii) he has successfully completed a course of study leading to a relevant qualification; and



(iii) having been assessed in accordance with paragraph (i) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or



(iv) having been assessed in accordance with paragraph (i) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or



(v) having been assessed in accordance with paragraph (i) at Access 3, he has attained a relevant qualification at Intermediate 1 level.



33G. 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.



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) an extension of stay or indefinite leave to remain on the basis of long residence in the United Kingdom.



(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.



(iv) an applicant may submit an application online where this option is available on the United Kingdom Border Agency's website



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.