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Wednesday, March 9, 2011

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

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