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
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
(ii) is seeking entry to the United Kingdom:
(a) as a senior employee of an overseas business which has no branch, subsidiary or other representative in the United Kingdom 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) UK 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 or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.
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 or Dentist in Training, unless the applicant:
(1) has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or
(2) has, or has last been granted, entry clearance, leave to enter or remain that was not subject to any condition restricting their employment 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, and has been employed during that
leave as a Doctor or Dentist in Training.
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 196D 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.
No comments:
Post a Comment