Immigration Rules part 5: working in the UK
Persons seeking to enter or remain in the United Kingdom for employment (paragraphs 128A to 199B).
General requirements for indefinite leave to remain
128A. DELETED
128.DELETED
Indefinite leave to remain for a work permit holder
134.DELETED
134SD - Specified documents
DELETED
Refusal of indefinite leave to remain for a work permit holder
135.DELETED
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 DELETED
Indefinite leave to remain as a highly skilled migrant
135GA. DELETED
Refusal of indefinite leave to remain as a highly skilled migrant
135H. DELETED
Additional grounds for refusal for highly skilled migrants
135HA. DELETED
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.
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
135ST.DELETED
Requirements for leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation
136.DELETED
Indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation
142.DELETED
142-SD Specified documents
DELETED
Refusal of indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation.
143.DELETED
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
Requirements for leave to enter as a representative of an overseas business
144.DELETED
144-SD Specified documents
DELETED
Leave to enter as a representative of an overseas business
145.DELETED
Refusal of leave to enter as a representative of an overseas business
146.DELETED
Requirements for an extension of stay as a representative of an overseas business
147.DELETED
Extension of stay as a representative of an overseas business
148.DELETED
Refusal of extension of stay as a representative of an overseas business
149.DELETED
Indefinite leave to remain for a representative of an overseas business
150.DELETED
150-SD Specified documents
DELETED
Refusal of indefinite leave to remain for a sole representative of an overseas business
151.DELETED
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. DELETED.
158-SD Specified documents
- DELETED.
Refusal of indefinite leave to remain for a servant in a diplomatic household
159. DELETED
Requirements for leave to enter as a domestic worker in a private household
159A. DELETED
Leave to enter as a domestic worker in a private household
159B. DELETED
Refusal of leave to enter as a domestic worker in a private household
159C. DELETED
Requirements for extension of stay as a domestic worker in a private household
159D. DELETED
Extension of stay as a domestic worker in a private household
159E. DELETED
159EA. DELETED
Extension of stay as a domestic worker in a private household for applicants who entered the United Kingdom under the Rules in place before 6 April 2012
159EB DELETED
Refusal of extension of stay as a domestic worker in a private household
159F. DELETED
Indefinite leave to remain for a domestic worker in a private household
159G. DELETED
159G-SD DELETED
Refusal of indefinite leave to remain for a domestic worker in a private household
159H. DELETED
Domestic workers who are the victim of slavery or human trafficking
Requirements for leave to remain as a domestic worker who is the victim of slavery or human trafficking
159I. DELETED
Leave to remain as a domestic worker who is the victim of slavery or human trafficking
159J. DELETED
Refusal of leave to remain as a domestic worker who is the victim of slavery or human trafficking
159K. DELETED
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. DELETED.
167-SD Specified documents
DELETED.
Refusal of indefinite leave to remain for an overseas government employee
168.DELETED.
169.DELETED
170.DELETED
Refusal of extension of stay as a minister of religion, missionary or member of a religious order
175.DELETED
Indefinite leave to remain for a minister of religion, missionary or member of a religious order
176.DELETED
176-SD Specified documents
DELETED
Refusal of indefinite leave to remain for a minister of religion, missionary or member of a religious order
177.DELETED
177A.DELETED
Requirements for leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role
177B.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
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. DELETED.
184-SD Specified documents
DELETED.
Refusal of indefinite leave to remain for a member of the operational ground staff of an overseas owned airline
185. DELETED.
Requirements for leave to enter on the grounds of United Kingdom ancestry
186.DELETED
Leave to enter the United Kingdom on the grounds of United Kingdom ancestry
187.DELETED
Refusal of leave to enter on the grounds of United Kingdom ancestry
188.DELETED
Requirements for an extension of stay on the grounds of United Kingdom ancestry
189.DELETED
Extension of stay on the grounds of United Kingdom ancestry
190.DELETED
Refusal of extension of stay on the grounds of United Kingdom ancestry
191.DELETED
Indefinite leave to remain on the grounds of United Kingdom ancestry
192.DELETED
192-SD Specified documents
DELETED
Refusal of indefinite leave to remain on the grounds of United Kingdom ancestry
193.DELETED
193A.Nothing in paragraphs 194-196F is to be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a partner of a person granted entry clearance or leave to enter under Paragraph 159A where that entry clearance or leave to enter was granted under 159A on or after 6 April 2012.
Requirements for leave to enter as the 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 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 the spouse, civil partner, unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and
- (ii) if an unmarried or same-sex partner:
- (1) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
- (2) the parties are not involved in a consanguineous relationship with one another; and
- (3) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and
- (iii) each of the parties intends to live with the other as his or her partner during the applicant’s stay and the relationship is genuine and subsisting; and
- (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
- (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
- (vi) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and
- (vii) the applicant does not fall for refusal under the general grounds for refusal; and
- (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
- (ix) where the applicant is accompanying or joining a person granted entry clearance or leave to enter or limited leave to remain as the sole representative of an overseas business within the meaning of paragraph 144(ii)(a), the applicant does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement.
Leave to enter as the 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 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), subject to a condition on study as set out in Appendix ATAS of these Rules, provided the Immigration Officer is satisfied that each of the requirements of paragraph 194 is met.
Refusal of leave to enter as the partner 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 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 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 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 the spouse, civil partner, unmarried or same sex partner of a person who:
- (1)has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); or
- (2) has indefinite leave to remain in the United Kingdom or has become a British citizen, 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
- (ii) meets the requirements of paragraph 194(ii) - (vii); and
- (iii) was not last granted:
- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),
- (2) temporary admission,
- (3) temporary release, or
- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and
- (iv) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
- (i) is the spouse, civil partner, unmarried or same sex partner of a person who:
Extension of stay as the 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 partner of a person who has limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted, subject to a condition on study as set out in Appendix ATAS of these Rules, for a period not in excess of that granted to the person with limited leave to enter or remain; or
- (ii) the partner of a person who is being admitted at the same time for settlement, or the partner of a person who has indefinite leave to remain or has become a British citizen, may be granted for a period not exceeding 2 years, subject to a condition on study as set out in Appendix ATAS of these Rules, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 196A is met.
Refusal of extension of stay as the 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 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 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 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 the spouse, civil partner, unmarried or same-sex partner of a person who:
- (1) 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
- (2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, 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
- (ii) meets the requirements of paragraph 194(ii) - (vii); and
- (iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
- (iv) was not last granted:
- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),
- (2) temporary admission,
- (3) temporary release, or
- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and
- (v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
- (i) is the spouse, civil partner, unmarried or same-sex partner of a person who:
Indefinite leave to remain as the 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 as the 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 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 as the 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.
196G.Nothing in paragraphs 197-199 is to be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the child of a person granted entry clearance or leave to enter under Paragraph 159A where that entry clearance or leave to enter was granted under 159A on or after 6 April 2012.
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) or, in respect of applications for leave to remain only, of a parent who has indefinite leave to remain in the UK but who immediately before that grant had limited leave to enter or remain under those paragraphs; 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, he was not last granted:
- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),
- (2) temporary admission,
- (3) temporary release, or
- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and
- (viii) if seeking leave to remain, must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
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) 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), subject to a condition on study as set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided that:
- i) in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid passport or other identity document and has entry clearance for entry in this capacity; or
- ii) in the case of an application for limited leave to remain, he was not last granted:
- (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
- (2) temporary admission,
- (3) temporary release, or
- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted,
- and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met.
- (b) A person seeking leave to remain as the child of a parent who has indefinite leave to remain in the UK and who had limited leave under paragraphs 128 - 193 (but not paragraphs 135l - 135K) immediately before being granted indefinite leave may be given leave to remain in the UK for a period of 30 months, subject to a condition on study as set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided he is in the UK with valid leave under paragraph 198 and is able to satisfy the Secretary of State that each of the requirements of paragraph 197(i) and 197 (ii) - (vi) and(viii) is met.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)
- 198A. 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:
- (i) in relation to an application for leave to enter, a valid passport or other identity document is not produced to the Immigration Officer on arrival and the applicant does not have entry clearance for entry in this capacity; or
- (ii) in the case of an application for limited leave to remain, if the applicant was last granted:
- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),
- (2) temporary admission,
- (3) temporary release, or
- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted,
- or is unable to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met.
Requirements for indefinite leave to remain as the child 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)
- 199.The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child 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 the child of a person who:
- (1) 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
- (2) 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
- (ii) meets the requirements of paragraph 197(i) - (vi) and (viii); and
- (iii) was not last granted:
- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child),
- (2) temporary admission,
- (3) temporary release, or
- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted; and
- (iv) does not fall for refusal under the general grounds for refusal; and
- (v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
- (vi) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL,unless he is under the age of 18 at the date on which the application is made.
- (i) is the child of a person who:
Indefinite leave to remain as the child 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)
199A.Indefinite leave to remain in the United Kingdom as the child 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 199 is met.
Refusal of indefinite leave to remain as the child 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)
199B.Indefinite leave to remain in the United Kingdom as the child 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 199 is met.