Immigration Rules

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Immigration Rules Appendix A: attributes

Points needed for attributes for applicants in Tiers 1, 2, 4 and 5 of the points-based system.

Attributes for Tier 1 (Exceptional Talent) Migrants

  1. 1. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Exceptional Talent) Migrant must score 75 points for attributes.
  2. 2. Available points are shown in Table 1.
  3. 3. Notes to accompany the table are shown below the table.

Table 1

Applications for entry clearance and leave to remain where the applicant does not have, or has not last had, leave as a Tier 1 Exceptional Talent) Migrant

Criterion Points
Endorsed by Designated Competent Body according to that Body’s criteria as set out in Appendix L. 75

All other applications for entry clearance and leave to remain and applications for indefinite leave to remain

Criterion Points
(i) During his most recent period of leave as a Tier 1 (Exceptional Talent) Migrant, the applicant has earned money in the UK as a result of employment or self-employment in his expert field as previously endorsed by a Designated Competent Body; and (ii) That Designated Competent Body has not withdrawn its endorsement of the applicant. 75

Notes

Tier 1 (Exceptional Talent) Limit

  1. 4. (a) The Secretary of State shall be entitled to limit the total number of Tier 1 (Exceptional Talent) endorsements Designated Competent Bodies may make in support of successful applications,for entry clearance and leave to remain in a particular period, to be referred to as the Tier 1 (Exceptional Talent) Limit.
  2. (b) The Tier 1 (Exceptional Talent) Limit is 1,000 endorsements in total per year (beginning on 6 April and ending on 5 April)which will be allocated to the Designated Competent Bodies as follows:
    1. (i) 250 endorsements to The Arts Council for the purpose of endorsing applicants with exceptional talent in the fields of arts and culture;
    2. (ii) 250 endorsements to The Royal Society for the purpose of endorsing applicants with exceptional talent in the fields of natural sciences and medical science research;
    3. (iii) 150 endorsements to The Royal Academy of Engineering for the purpose of endorsing applicants with exceptional talent in the field of engineering
    4. (iv) 150 endorsements to The British Academy for the purpose of endorsing applicants with exceptional talent in the fields of humanities and social sciences; and
    5. (v) 200 endorsements to Tech City UK for the purpose of endorsing applicants with exceptional talent in the field of digital technology.
  3. (c) The Tier 1 (Exceptional Talent) Limit will be operated according to the practice set out in paragraph 5 below.
  4. (d) If a Designated Competent Body chooses to transfer part of its unused allocation of endorsements to another Designated Competent Body by mutual agreement of both bodies and the Secretary of State, the allocations of both bodies will be adjusted accordingly and the adjusted allocations will be published on the visas and immigration pages of the gov.uk website.
  1. 5. (a) Before an applicant applies for entry clearance or leave to remain (unless he has, or last had, leave as a Tier 1 (Exceptional Talent) Migrant), he must make an application for a Designated Competent Body endorsement, and this application must:
    1. (i) be made to the UK Border Agency using the specified form,
    2. (ii) state which Designated Competent Body he wishes to endorse his application, and
    3. (iii) provide the specified evidence set out in Appendix L.
  2. (b) A number of endorsements will be made available for each Designated Competent Body, as follows:
    1. (i) From 6 April to 30 September each year, half that body’s allocated endorsements under paragraph 4 above.
    2. (ii) From 1 October to 5 April each year, that body’s remaining unused allocated endorsements under paragraph 4 above.
  3. (c) Unused endorsements will not be carried over from one year to the next.
  4. (d) If a Designated Competent Body endorses an application for an endorsement, the applicant subsequently uses that endorsement to make an application for entry clearance or leave to remain which is refused, and that refusal is not subsequently overturned, the used endorsement will be returned to the number of endorsements available for the relevant Designated Competent Body, providing the end of the period (6 April to 5 April) to which it relates has not yet passed.
  5. (e) An application for a Designated Competent Body endorsement will be refused if the Designated Competent Body has reached or exceeded the number of endorsements available to it.
  6. (f) The number of endorsements available for each Designated Competent Body to endorse Tier 1 (Exceptional Talent) applicants in a particular period, will be reduced by one for:
    1. (i) each applicant that body endorses in that period for the purposes of applying to be deemed a highly skilled person under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013; and
    2. (ii) each applicant that body endorses in that period for the purpose of applying for entry clearance, leave to enter or leave to remain in the Isle of Man.

Endorsement by the relevant Designated Competent Body

  1. 6. Points will only be awarded in an application for entry clearance or leave to remain (except where the applicant has, or last had, leave as a Tier 1 (Exceptional Talent) Migrant) for an endorsement from the relevant Designated Competent Body if:
    1. (a) the applicant provides a valid approval letter from the UK Border Agency for a Designated Competent Body endorsement, which was granted to him no more than three months before the date of the application for entry clearance or leave to remain, and
    2. (b) the endorsement has not been withdrawn by the relevant Designated Competent Body at the time the application is considered by the UK Border Agency.

Money earned in the UK

  1. 6A. Points will only be awarded for money earned in the UK if the applicant provides the following specified documents:
    1. (a) If the applicant is a salaried employee, the specified documents are at least one of the following:
      1. (i) payslips confirming his earnings, which must be either:
        1. (1)original formal payslips issued by the employer and showing the employer’s name, or
        2. (2) accompanied by a letter from the applicant’s employer, on company headed paper and signed by a senior official, confirming the payslips are authentic; or
      2. (ii) personal bank statements on official bank stationery, showing the payments made to the applicant; or
      3. (iii) electronic bank statements, which either:
        1. (1) are accompanied by a supporting letter from the bank on company headed paper confirming that the documents are authentic,
        2. (2) bear the official stamp of the issuing bank on every page of the document; or
    2. (iv) an official tax document produced by HM Revenue & Customs or the applicant’s employer, which shows earnings on which tax has been paid or will be paid in a tax year, and is either:
      1. (1) a document produced by HM Revenue & Customs that shows details of declarable taxable income on which tax has been paid or will be paid in a tax year, such as a tax refund letter or tax demand,
      2. (2) a P60 document produced by an employer as an official return to HM Revenue & Customs, showing details of earnings on which tax has been paid in a tax year, or
      3. (3) a document produced by a person, business, or company as an official return to HM Revenue & Customs, showing details of earnings on which tax has been paid or will be paid in a tax year, and which has been approved, registered, or stamped by HM Revenue & Customs; or
      4. (v) Dividend vouchers, confirming the gross and net dividend paid by a company to the applicant, normally from its profits. The applicant must provide a separate dividend voucher or payment advice slip for each dividend payment.
  1. (b) If the applicant has worked in a self-employed capacity, the specified documents are at least one of the following:
    1. (i) A letter from the applicant’s accountant (who must be either a fully qualified chartered accountant or a certified accountant who is a member of a registered body in the UK who holds a valid licence to practise or practising certificate), on headed paper, which shows a breakdown of the gross and net earnings. The letter should give a breakdown of salary, dividends, profits, tax credits and dates of net payments earned. If the applicant’s earnings are a share of the net profit of the company, the letter should also explain this; or
    2. (ii) Company or business accounts that meet statutory requirements and clearly show:
      1. (1) the net profit of the company or business made over the earnings period to be assessed,
      2. (2) both a profit and loss account (or income and expenditure account if the organisation is not trading for profit), and
      3. (3) a balance sheet signed by a director; or
    3. (iii) If the applicant has worked as a sponsored researcher, a letter on official headed paper to the applicant from the institution providing the funding, which confirms:
      1. (1) the applicant’s name,
      2. (2) the name of the sponsoring institution providing the funding,
      3. (3) the name of the host institution where the applicant’s sponsored research is based,
      4. (4) the title of the post, and
      5. (5) details of the funding provided.
    4. (c) All applicants must also provide at least one of the following specified documents:
      1. (i) A contract of service or work between the applicant and a UK employer or UK institution which indicates the field of work he has undertaken; or
      2. (ii) A letter from a UK employer or UK institution on its official headed paper, confirming that the applicant has earned money in his expert field.

Attributes for Tier 1 (General) Migrants

  1. 7. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant must score 75 points for attributes, if the applicant has, or has had, leave as a Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the rules in place since 19 July 2010.
  2. 8. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant who does not fall within the scope of paragraph 7 above or paragraph 9 below must score 80 points for attributes.
  3. 9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant is not required to score points for attributes if he:
    1. (a) received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 7 November 2006,
    2. (b) was subsequently granted entry clearance or leave to remain on the basis of that letter, and
    3. (c) has not since been granted entry clearance or leave to remain in any category other than as a Highly Skilled Migrant or Tier 1 (General) Migrant.
  4. 10. Available points are shown in Table 2 and Table 3 below. Only one set of points will be awarded per column in each table. For example, points will only be awarded for one qualification.
  5. 11. Notes to accompany Table 2 and Table 3 appear below Table 3.

Table 2- Applications for indefinite leave to remain where the applicant has, or has had, leave as a Highly Skilled Migrant, as a Writer, Composer or Artist, Self-employed Lawyer, or as a Tier 1 (General) Migrant under the rules in place before 6 April 2010, and has not been granted leave in any categories other than these since 6 April 2010

Qualification Points Previous earnings Points UK experience Points Age (at date of application for first grant) Points
Bachelor’s degree (see paragraph 13 below) 30 £16,000- £17,999.99 (see paragraph 18 below) 5 If £16,000 or more of the previous earnings for which points are claimed were earned in the UK 5 Under 28 years of age 20
Master’s degree 35 £18,000- £19,999.99 (see paragraph 18 below) 10 If £16,000 or more of the previous earnings for which points are claimed were earned in the UK   28 or 29 years of age 10
PhD 50 £20,000- £22,999.99 15     30 or 31 years of age 5
    £23,000- £25,999.99 20        
    £26,000- £28,999.99 25        
    £29,000- £31,999.99 30        
    £32,000- £34,999.99 35        
    £35,000- £39,999.99 40        
    £40,000 or more 45        

Table 3 - All other applications for indefinite leave to remain

Qualification Points Previous earnings Points UK experience Points Age (at date of application for first grant) Points
Bachelor’s degree 30 £25,000- £29,999.99 5 If £25,000 or more of the previous earnings for which points are claimed were earned in the UK 5 Under 30 years of age 20
Master’s degree 35 £30,000-£34,999.99 15     30 to 34 years of age 10
PhD 45 £35,000-£39,999.99 20     35 to 39 years of age 5
    £40,000-£49,999.99 25        
    £50,000-£54,999.99 30        
    £55,000-£64,999.99 35        
    £65,000-£74,999.99 40        
    £75,000-£149,999.99 45        
    £150,000 or more 80        

Notes

  1. 12. Qualifications and/or earnings will not be taken into account if the applicant was in breach of the UK’s immigration laws at the time those qualifications were studied for or those earnings were made.

Qualifications: notes

  1. 13. An applicant will be awarded no points for a Bachelor’s degree if:
    1. (a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
    2. (b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
    3. (ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly skilled Migrant, as a Writer, Composer or artist, as a self-employed lawyer, or as a Tier 1 (General) Migrant.
  2. 14. The specified documents in paragraph 14-SD must be provided as evidence of the qualification, unless the applicant has, or was last granted, leave as a Highly skilled Migrant or a Tier 1 (General) Migrant and previously scored points for the same qualification in respect of which points are being claimed in this application.
  3. 14-SD. (a) The specified documents in paragraph 14 are:
    1. (i) The original certificate of award of the qualification, which clearly shows the:
      1. (1) applicant’s name,
      2. (2) title of the award,
      3. (3) date of the award, and
      4. (4) name of the awarding institution, or
    2. (ii) if:
      1. (1) the applicant is awaiting graduation having successfully completed his degree, or
      2. (2) the applicant no longer has the certificate and the institution who issued the certificate is unable to produce a replacement,an original academic reference from the institution that is awarding the degree together with an original academic transcript, unless (d) applies.
    3. (b) The academic reference referred to in (a)(ii) must be on the official headed paper of the institution and clearly show the:
      1. (1) applicant’s name,
      2. (2) title of award,
      3. (3) date of award, confirming that it has been or will be awarded, and
      4. (4) either the date that the certificate will be issued (if the applicant has not yet graduated) or confirmation that the institution is unable to re-issue the original certificate or award.
    4. (c) The academic transcript referred to in (a)(ii) must be on the institution’s official paper and must show the:
      1. (1) applicant’s name,
      2. (2) name of the academic institution,
      3. (3) course title, and
      4. (4) confirmation of the award.
    5. (d) If the applicant cannot provide his original certificate for one of the reasons given in (a)(ii) and is claiming points for a qualification with a significant research bias, such as a doctorates, an academic transcript is not required, providing the applicant provides an academic reference which includes all the information detailed in (b) above.
    6. (e) Where an academic qualification is awarded by an educational establishment outside the UK the applicant must, in addition to the document or documents in (a), provide an original letter or certificate from UK NARIC confirming the equivalency of the level of his qualification to the relevant qualification in the UK.
    7. (f) Where a professional or vocational qualification is awarded by a body outside the UK, the applicant must, in addition to the document or documents in (a), provide an original letter from the appropriate UK professional body confirming the equivalence to UK academic levels of his qualification, which clearly shows:
      1. (1) the name of the qualification, including the country and awarding body, and
      2. (2) confirmation of which UK academic level this qualification is equivalent to.
  1. 15. Points will only be awarded for an academic qualification awarded by an educational establishment outside the UK if an applicant’s qualification is deemed by the national academic recognition information Centre for the United Kingdom (UK NARIC) to meet or exceed the recognised standard of a Bachelor’s or Master’s degree or a PhD, as appropriate, in the UK.
  2. 16. Points will also be awarded for vocational and professional qualifications awarded by a body outside the UK that are deemed by UK NARIC or the appropriate UK professional body to be equivalent to a Bachelor’s or Master’s degree or a PhD in the UK.
  3. 17. If the applicant has, or was last granted, leave as a Tier 1 (General) Migrant or a Highly Skilled Migrant and the qualification for which points are now claimed was, in the applicant’s last successful application for leave or for a Highly Skilled Migrant Programme approval letter, assessed to be of a higher level than now indicated by UK NARIC, the higher score of points will be awarded in this application too.

Previous earnings: notes

  1. 18. An applicant will be awarded no points for previous earnings of less than £20,000 if:
    1. (a) his last grant of entry clearance was as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, or
    2. (b) (i) he has had leave to remain as a Tier 1 (General) Migrant under the rules in place between 31 March 2009 and 5 April 2010, and
    3. (ii) his previous entry clearance, leave to enter or leave to remain before that leave was not as a Highly Skilled Migrant, as a Writer, Composer or artist, as a self-employed lawyer, or as a Tier 1 (General) Migrant.
  1. 19. (a) In all cases, the applicant must provide at least two different types of the specified documents in paragraph 19-SD(a) from two or more separate sources as evidence for each source of previous earnings.
    1. (b) If the applicant is claiming points for self-employed earnings made in the UK, he must also provide the specified documents in paragraph 19-SD(b) to show that:
      1. (i) he is registered as self-employed,
      2. (ii) he was registered as self-employed during the period(s) of self-employment used to claim points, and
      3. (iii) he was paying Class 2 National Insurance contributions during the period(s) of self-employment used to claim points.
    2. (c) Each piece of supporting evidence must support all the other evidence and, where appropriate, be accompanied by any information or explanation of the documents submitted, including further documents such as a letter of explanation from the applicant’s accountant, so that together the documents clearly prove the earnings claimed.
    3. (d) Full contact details must be provided for each supporting document for verification purposes.
    4. (e) Where an applicant is providing bank statements as evidence, the bank statements provided must:
      1. (i) be on official bank stationery, and must show each of the payments that the applicant is claiming, or
      2. (ii) electronic bank statements, which either:
        1. (1) are accompanied by a supporting letter from the bank on company headed paper confirming that the documents are authentic, or
        2. (2) bear the official stamp of the issuing bank on every page of the statement.
    5. (f) Where an applicant is providing official tax documents as evidence, the documents must be:
      1. (i) a document produced by a tax authority that shows details of declarable taxable income on which tax has been paid or will be paid in a tax year (for example a tax refund letter or tax demand),
      2. (ii) a document produced by an employer as an official return to a tax authority, showing details of earnings on which tax has been paid in a tax year (for example a P60 in the United Kingdom), or
      3. (iii) a document produced by a person, business, or company as an official return to a tax authority, showing details of earnings on which tax has been paid or will be paid in a tax year, and which has been approved, registered, or stamped by the tax authority.
    6. (g)
      1. (i) Where an applicant is providing evidence from an accountant or accountancy firm, the accountant must be either a fully qualified chartered accountant or a certified accountant who is a member of a registered body, and must have a valid licence to practise or practising certificate.
      2. (ii) If the earnings were for work done while the applicant was in the UK, such evidence must come from an accountant or accountancy firm in the UK who is a member of one of the following recognised supervisory bodies:
        1. (1) The Institute of Chartered Accountants in England and Wales (ICAEW),
        2. (2) The Institute of Chartered Accountants in Scotland (ICAS),
        3. (3) The Institute of Chartered Accountants in Ireland (ICAI),
        4. (4) The Association of Chartered Certified Accountants (ACCA),
        5. (5) The Chartered Institute of Public Finance and Accountancy (CIPFA),
        6. (6) The Institute of Financial Accountants (IFA),
        7. (7) The Chartered Institute of Management Accountants (CIMA),
        8. (8)The Association of International Accountants (AIA), or
        9. (9) The Association of Accounting Technicians (AAT).
      3. (iii) If the earnings were made while the applicant was not in the UK, the evidence must come from an accountant or accountancy firm which meets the requirements in (ii) or appears on the list of full members given on the website of the International Federation of Accountants.
    7. (h) If the applicant has exchanged some of his UK employment rights for shares as an employee-owner, the value of those shares will not be included when calculating the applicant’s previous earnings:
      1. (i) The Secretary of State must be satisfied that the earnings are from genuine employment. If the Secretary of State is not satisfied, points for those earnings will not be awarded.
    8. (j) In making the assessment in paragraph 19(i), the Secretary of State will assess on the balance of probabilities and may take into account the following factors:
      1. (i) the evidence the applicant has submitted;
      2. (ii) whether the money appears to have been earned through genuine employment, rather than being borrowed, gifted, or otherwise shown in the applicant’s financial transactions or records without being earned;
        1. (iii) whether the business from which the earnings are claimed can be shown to exist and be lawfully and genuinely trading;
      3. (iv) verification of previous earnings claims with declarations made in respect of the applicant to other Government Departments, including declarations made in respect of earnings claimed by the applicant in previous applications;
      4. (v) the applicant’s previous educational and business experience (or lack thereof) in relation to the claimed business activity;
      5. (vi) the applicant’s immigration history and previous activity in the UK;
      6. (vii) where the nature of the applicant’s employment or business requires him to have mandatory accreditation, registration or insurance, whether that accreditation, registration or insurance has been obtained;
      7. (viii) any payments made by the applicant to other parties; and
      8. (ix) any other relevant information.
      9. (k) To support the assessment in paragraph 19(i), the Secretary of State may:
        1. (i) request additional information and evidence, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 working days of the date the request is sent, and
        2. (ii) request the applicant attends an interview, and refuse the application if the applicant fails to comply with any such request without providing a reasonable explanation.
    9. (l) The Secretary of State may decide not to carry out the assessment in paragraph 19(i) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  1. 19-SD. (a) The specified documents in paragraph 19(a) are:
    1. (i) Payslips covering the whole period claimed, which must be either:
      1. (1) original formal payslips issued by the employer and showing the employer’s name, or
      2. (2) accompanied by a letter from the applicant’s employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic;
        1. (ii) Personal bank statements showing the payments made to the applicant;
        2. (iii) A letter from the applicant’s employer(s) during the period claimed (or in the case of winnings, the relevant awarding body), on company headed paper, which:
        3. (1) is dated after the period for which earnings are being claimed, and
        4. (2) clearly confirms the applicant’s gross and net earnings during the period claimed, and the date and amount of each payment;
    2. (iv) Official tax document produced by the relevant tax authority or employer, showing earnings on which tax has been paid or will be paid in a tax year;
    3. (v) Dividend vouchers which show the amount of money paid by the company to the applicant, normally from its profits, and which confirm both the gross and net dividend paid. The applicant must provide a separate dividend voucher or payment advice slip for each dividend payment, to cover the whole period claimed;
    4. (vi) If the applicant is claiming points for self-employed earnings, a letter from his accountant on headed paper, confirming that the applicant received the exact amount he is claiming, or the net profit to which he is entitled. This is a letter from the applicant’s accountant on headed paper confirming the gross and net pay for the period claimed. The letter should give a breakdown of salary, dividends, profits, tax credits and dates of net payments earned. If the applicant’s earnings are a share of the net profit of the company, the letter should also explain this;
    5. (vii) Invoice explanations or payment summaries from the applicant’s accountant, which include a breakdown of the gross salary, tax deductions and dividend payments made to the applicant, and which enable the UK Border Agency to check that the total gross salary and dividend payments correspond with the net payments into the applicant’s personal bank account.
    6. (viii) Company or business accounts that meet statutory requirements and clearly show:
      1. (1) the net profit of the company or business made over the earnings period to be assessed,
      2. (2) both a profit and loss account (or income and expenditure account if the organisation is not trading for profit), and
      3. (3) a balance sheet signed by a director;
    7. (ix) Business bank statements showing the payments made to the applicant;
    8. (x) If the applicant provides a combination of bank statements and a letter or invoice summary from his accountant, he must also provide any invoices generated during the period for which earnings are being claimed.
    9. (b) The specified documents in paragraph 19(b) are:
      1. (i) If the applicant’s National Insurance is paid by bill, the original bill from the billing period immediately before the application.
      2. (ii) If the applicant’s National Insurance is paid by direct debit, the most recent bank statement issued before the application, showing the direct debit payment of National Insurance to HM Revenue & Customs.
      3. (iii) If the applicant has low earnings, an original small earnings exception certificate issued by HM Revenue & Customs for the most recent return date.
      4. (iv) If the applicant has not yet received the documents in (i) to (iii), the original, dated welcome letter from HM Revenue & Customs containing the applicant’s unique taxpayer reference number.

Period for assessment

  1. 20. Applicants should indicate in the application form for which 12-month period their earnings should be assessed.
  2. 21. (a) for all applicants the period for assessment of earnings must:
    1. (i) consist of no more than 12 months which must run consecutively, and
    2. (ii) fall within the 15 months immediately preceding the application.
    3. (b) if the applicant:
      1. (i) has been on maternity or adoption leave at some point within the 12 months preceding the application, and
      2. (ii) has provided the specified documents, or where due to exceptional circumstances the specified documents in paragraph 21-SD are not available, has provided alternative documents which show that the circumstances provided for in (i) apply,the applicant may choose for a period of no more than 12 months spent on maternity or adoption leave to be disregarded when calculating both the 12-month and 15-month period.
  1. 21-SD. (a) Where paragraph 21(b)(ii) states that specified documents must be provided, the applicant must provide:
    1. (i) The document in (b) below, if it has been issued, and
    2. (ii) If the document in (b) has been issued and is provided, the documents in either (c)(i) or (c)(ii) below, or
    3. (iii) If the document in (b) has not been issued, the documents in both (c)(i) and (ii) below, or
    4. (iv) If the applicant is unable to satisfy (ii) or (iii) above:
      1. (1) the documents in either (b) or (c)(i) or (c)(ii),
      2. (2) a satisfactory explanation as to why the other types of document cannot be provided, and
      3. (3) one of the types of documents in (d) below.
  1. The specified documents are:
    1. (b) The original full birth certificate or original full certificate of adoption (as appropriate), containing the names of parents or adoptive parents of the child for whom the period of maternity or adoption-related absence was taken;
    2. (c) (i) An original letter from the applicant’s employer, on the company headed paper, which confirms the start and end dates of the period of maternity or adoption-related absence;
    3. (ii) Original payslips or other payment or remittance documents, on the official letter-headed paper of the issuing authority, and covering the entire period for which the maternity or adoption-related absence is being claimed and showing the statutory maternity or adoption payments to the applicant;
    4. (d) One of the following documents, from an official source and which is independently verifiable:
      1. (i) official adoption papers issued by the relevant authority;
      2. (ii) any relevant medical documents
      3. (iii) a relevant extract from a register of birth accompanied by an original letter from the issuing authority.
  1. 22. If the applicant has not indicated a period for assessment of earnings, or has indicated a period which does not meet the conditions in paragraph 21 above, their earnings will be assessed against the 12-month period immediately preceding their application, assuming the specified documents in paragraph 19-SD above have been provided. Where the specified documents in paragraph 19-SD above have not been provided, points will not be awarded for previous earnings.

Earnings

  1. 23. Earnings include, but are not limited to:
    1. (a) salaries (includes full-time, part-time and bonuses),
    2. (b) earnings derived through self-employment,
    3. (c) earnings derived through business activities,
    4. (d) statutory and contractual maternity pay, statutory and contractual adoption pay,
    5. (e) allowances (such as accommodation, schooling or car allowances) which form part of an applicant’s remuneration package and are specified in the applicant’s payslips,
    6. (f) dividends paid by a company in which the applicant is active in the day-to-day management, or where the applicant receives the dividend as part or all of their remuneration package,
    7. (g) property rental income, where this constitutes part of the applicant’s business, and
    8. (h) payments in lieu of notice.
  1. 24. Where the earnings take the form of a salary or wages, they will be assessed before tax (i.e. gross salary).
  2. 25. Where the earnings are the profits of a business derived through self-employment or other business activities:
    1. (a) the earnings that will be assessed are the profits of the business before tax. Where the applicant only has a share of the business, the earnings that will be assessed are the profits of the business before tax to which the applicant is entitled, and
    2. (b) the applicant must be registered as self-employed in the UK, and must provide the specified evidence.
  1. 26. Earnings do not include unearned sources of income, such as:
  2. (a) allowances (such as accommodation, schooling or car allowances) which are paid as reimbursement for monies the applicant has previously paid,
  3. (b) any other allowances, unless part of the applicant’s remuneration package and specified in the applicant’s payslips,
  4. (c) dividends, unless paid by a company in which the applicant is active in the day-to-day management, or unless the applicant receives the dividend as part or all of their remuneration package,
  5. (d) property rental income, unless this constitutes part of the applicant’s business,
  6. (e) interest on savings and investments,
  7. (f) funds received through inheritance,
  8. (g) employer pension contributions or monies paid to the applicant as a pension,
  9. (h) expenses where the payment constitutes a reimbursement for monies the applicant has previously outlaid,
    1. (i) redundancy payment,
    2. (j) sponsorship for periods of study,
  10. (k) state benefits, or
  11. (l) prize money or competition winnings, other than where they are directly related to the applicant’s main profession or occupation.

Converting foreign currencies

  1. 27. Earnings in a foreign currency will be converted to pound sterling (£) using the closing spot exchange rate for the last day of the period for which the applicant has claimed earnings in that currency.
  2. 28. If the applicant’s earnings fall either side of a period of maternity or adoption leave, earnings in a foreign currency will be converted to pounds sterling (£) using the closing spot exchange rate which exists:
    1. (a) for the earnings earned before maternity or adoption leave, on the last day of the period before maternity leave, and
    2. (b) for the earnings earned after maternity or adoption leave, on the last day of the period after maternity leave.
  1. 29. The spot exchange rate which will be used is that which appears on www.oanda.com
  2. 30. Where the previous earnings claimed are in different currencies, any foreign currencies will be converted before being added together, and then added to any UK earnings, to give a total amount.

UK experience: notes

  1. 31. Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was not physically present in the UK at the time those earnings were made.
  2. 32. Previous earnings will not be taken into account for the purpose of awarding points for UK experience if the applicant was physically present in the Isle of Man or the Channel Islands at the time those earnings were made.

Age: notes

  1. 33. If the applicant was first granted leave in the categories of Highly Skilled Migrant, Writer, Composer or Artist, Self-employed Lawyer or Tier 1 (General) Migrant and has not been granted leave in any category other than those listed here since the first grant of leave, points will be awarded based on the applicant’s age at the date of the application for that first grant of leave.
  2. If the applicant has been granted leave since his first grant of leave in a category not listed in this paragraph, points will be awarded based on his age at the date of application for a grant of leave in a category listed in this paragraph where leave has not been granted in any category not listed in this paragraph between that grant of leave and the current application.
  3. 34. The specified documents in paragraph 34-SD must be provided as evidence of age.
  4. 34-SD. The specified documents in paragraph 34 are:
    1. (i) The applicant’s Biometric Residence Permit, which contains the date of approval of the last grant of leave and the age of the applicant; or
    2. (ii) The applicant’s current valid original passport or travel document containing the last entry clearance granted to the applicant.

Attributes for Tier 1 (Entrepreneur) Migrants

  1. 35. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes.
  2. 36. Subject to paragraph 37, available points for applications for entry clearance or leave to remain are shown in Table 4.
  3. 36A. An applicant who is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as:
    1. (i) a Tier 4 Migrant,
    2. (ii) a Student,
    3. (iii) a Student Nurse,
    4. (iv) a Student Re-sitting an Examination, or
    5. (v) a Student Writing Up a Thesis, will only be awarded points under the provisions in (b)(ii) or (b)(iii) in Table 4.
  1. 36B. An applicant who is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 1 (Post-Study Work) Migrant will only be awarded points under the provisions in (b)(ii), (b)(iii) or (d) in Table 4.
  2. 37. Available points are shown in Table 5 for an applicant who:
    1. (a) has had entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator in the 12 months immediately before the date of application, or
    2. (b) is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.
  1. 38. Available points for applications for indefinite leave to remain are shown in Table 6.
  2. 39. (a) Notes to accompany Table 4 appear below Table 4.
  3. (b) Notes to accompany Tables 4, 5 and 6 appear below Table 6.
  4. 40. In all cases, an applicant cannot use the same funds to score points for attributes under this Appendix and to score points for maintenance funds for himself or his dependants under Appendices C or E.

Table 4: Applications for entry clearance or leave to remain referred to in paragraph 36

Investment and business activity Points  
(a) The applicant has access to not less than £200,000, or

(b) The applicant has access to not less than £50,000 from:

(i) one or more registered venture capital firms regulated by the Financial Conduct Authority (FCA),

(ii) one or more UK Entrepreneurial seed funding competitions which is listed as endorsed on the Department for International Trade pages of the GOV.UK website, or

(iii) one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business, or

(c) The applicant:

(i) is applying for leave to remain,

(ii) has, or was last granted, leave as a Tier 1 (Graduate Entrepreneur) Migrant, and

(iii) has access to not less than £50,000,

or

(d) The applicant:

(i) is applying for leave to remain,

(ii) has, or was lasted granted, leave as a Tier 1 (Post-Study Work) Migrant, and

(iii) has access to not less than £50,000.

An applicant who is applying for leave to remain and has, or was last granted leave as a Tier 1 (General) Migrant will be awarded no points under (a) or (b)(i) above, unless he meets the additional requirements in (1) and (2) below.

An applicant who is applying for leave to remain and has, or was last granted leave as a Tier 1 (Post-Study Work) Migrant will be awarded no points under (d) above, unless he meets the additional requirements in (1) and (2) below.

(1) Since before the specified date below and up to the date of his application, the applicant must have been continuously engaged in business activity which was not, or did not amount to, activity pursuant to a contract of service with a business other than his own and, during such period, has been continuously:

* registered with HM Revenue & Customs as self-employed, or

* registered with Companies House as a director of a new or an existing business. Directors who are on the list of disqualified directors provided by Companies House will not be awarded points.

(2) Since before the specified date below and up to the date of his application, has continuously been working in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J, and provides the specified evidence in paragraph 41-SD. “Working” in this context means that the core service his business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business, and.

The specified date in (1) and (2) above is:

* 11 July 2014 if the applicant has, or was lasted granted, leave as a Tier 1 (Post-Study Work) Migrant, or

* 6 April 2015 if the applicant has, or was last granted, leave as a Tier 1 (General) Migrant.
25  
The money is held in one or more regulated financial institutions 25  
The money is disposable in the UK If the applicant is applying for leave to remain, the money must be held in the UK. 25  

Investment: notes

  1. 41(a) An applicant will only be considered to have access to funds if:
    1. (i) The specified documents in paragraph 41-SD are provided to show cash money to the amount required (this must not be in the form of assets and, where multiple documents are provided, they must show the total amount required is available on the same date);
    2. (ii) The specified documents in paragraph 41-SD are provided to show that they have permission to use the money to invest in a business in the UK, and that
      1. (1) they have held the money for a consecutive 90-day period of time, ending no earlier than 31 days before the date of application, or
      2. (2) they have held the money for less than a consecutive 90-day period of time, ending no earlier than 31 days before the date of application, and they provide the following specified evidence:
        1. (a) the documents in either 41-SD(c)(i) or 41-SD(c) (ii) to demonstrate funding is available to them at the time of their application, and
        2. (b) the additional specified documents for third party funding listed in 41-SD (d)(i)-(ii), or
        3. (c) a letter from one or more UK Seed Funding Competitions or one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland as specified in paragraph 41-SD(c)(iii) as evidence of the source of those funds,
    3. (iii) The money is either held in a UK regulated financial institution or is transferable to the UK; and
    4. (iv) The money will remain available to the applicant until such time as it is spent for the purposes of the applicant’s business or businesses. The Secretary of State reserves the right to request further evidence or otherwise verify that the money will remain available, and to refuse the application if this evidence is not provided or it is unable to satisfactorily verify.
  2. 41(b) If the applicant has invested the money referred to in Table 4 in the UK before the date of the application, points will be awarded for funds available as if the applicant had not yet invested the funds, providing:
    1. (i) The investment was made no more than 12 months (or 24 months if the applicant was last granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application; and
    2. (ii) All of the specified documents required in paragraphs 46-SD (a) to (g) are provided to show:
      1. (a) the amount of money invested; and
      2. (b) that they have established a new business or taken over an existing business in the UK, in which the money was invested.
  1. 41-SD. The specified documents in Table 4 and paragraph 41, and associated definitions, are as follows:
    1. (a) Where this paragraph refers to funding being available, unless stated otherwise, this means funding available to:
      1. (i) the applicant;
      2. (ii) the entrepreneurial team, if the applicant is applying under the provisions in paragraph 52 of this Appendix; or
      3. (iii) the applicant’s business.
    2. (b) Where sub-paragraph (a)(iii) above applies and this paragraph refers to the applicant’s business, the business must be a company and the applicant must be registered as a director of that business in the UK, and provide a Companies House document showing the address of the registered office in the UK, or head office in the UK if it has no registered office, and the applicant’s name, as it appears on the application form, as a director.
    3. (c) The specified documents to show evidence of the funding available to invest, whether from the applicant’s own funds or from one or more third parties, are one or more of the following specified documents:
      1. (i) A letter from each financial institution holding the funds, to confirm the amount of money available. Each letter must:
        1. (1) be an original document and not a copy,
        2. (2) be on the institution’s headed paper,
        3. (3) have been issued by an authorised official of that institution,
        4. (4) have been produced within the 31 days immediately before the date of application,
        5. (5) confirm that the institution is regulated by the appropriate body,
        6. (6) state the applicant’s name, and his team partner’s name where relevant,
        7. (7) show the account number and,
        8. (8) state the date of the document,
        9. (9) confirm the minimum balance available from the applicant’s own funds (if applicable) that has been held in that institution during a consecutive 90-day period of time, ending on the date of the letter,
        10. (10) for money being held by a third party at the time of the application and not in the possession of the applicant, confirm that the third party has informed the institution of the amount of money that the third party intends to make available, and that the institution is not aware of the third party having promised to make that money available to any other person,
        11. (11) confirm the name of each third party and their contact details, including their full address including postal code, telephone contact number and any email address; and
        12. (12) confirm that if the money is not in an institution regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), the money can be transferred into the UK; or
      2. (ii) For money held in the UK only, recent personal bank or building society statements, with the most recent statement being dated no earlier than 31 days before the date of the application, and which, unless paragraph 41(a)(ii)(2) applies, must cover a consecutive 90 day period of time, from each UK financial institution holding the funds, which confirms the amount of money available. Each statement must satisfy the following requirements:
        1. (1) the statements must be original documents and not copies;
        2. (2) the bank or building society holding the money must be based in the UK and regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA);
        3. (3) the money must be in cash in the account, not Individual Savings Accounts or assets such as stocks and shares;
        4. (4) the account must be in the applicant’s own name only (or both names for an entrepreneurial team), not in the name of a business or third party;
        5. (5) each statement must be on the institution’s official stationery showing the institution’s name and logo, and confirm the applicant’s name (and, where relevant, the applicant’s entrepreneurial team partner’s name), the account number and the date of the statement;
        6. (6) each statement must have been issued by an authorised official of that institution; and
        7. (7) if the statements are printouts of electronic statements, they must either be accompanied by a supporting letter from the bank, on the bank’s headed paper, confirming the authenticity of the statements, or bear the official stamp of the bank in question on each page of the statement; or
      3. (iii) For £50,000 from a Venture Capital firm, Seed Funding Competition or UK or Devolved Government Department only, a letter from:
        1. (1) an accountant, who is not the applicant, and who has a valid licence to practise or practising certificate, and who is a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, the Association of International Accountants or the Association of Accounting Technicians (AAT), or
        2. (2) in the case of money made available from a UK or Devolved Government Department only, an authorised official of either:
          1. a. the UK or Devolved Government Department, or
          2. b. an intermediary public body which has been authorised by the UK or Devolved Government Department to award funds from that Department for the specific purpose of establishing or expanding UK businesses, or
        3. (3) in the case of money made available from a Seed Funding Competition only, an authorised official of the Seed Funding Competition.
      4. (iv) Each letter referred to in (iii) above must:
        1. (1) be an original document and not a copy,
        2. (2) be on the institution’s official headed paper,
        3. (3) be dated within the three months immediately before the date of the application,
        4. (4) state the applicant’s name, and his team partner’s name where relevant, or the name of the applicant’s business,
        5. (5) state the date of the document,
        6. (6) confirm the amount of money available to the applicant, the entrepreneurial team or the applicant’s business from the Venture Capital firm, Seed funding competition or UK or Devolved Government Department, and
        7. (7) confirm the name of the Venture Capital firm, Seed funding competition or UK or Devolved Government Department providing the funding, and
        8. (8) include the contact details of an official of the organisation, including their full address, postal code, telephone contact number and any email address,
        9. (9) if the money is coming from a UK Seed Funding Competition, give confirmation that either the applicant, the entrepreneurial team or the applicant’s business has been awarded money and that the competition is listed as endorsed on the Department for International Trade pages of the GOV.UK website, together with the amount of the award and naming the applicant, the entrepreneurial team or the applicant’s business as a winner;
        10. (10) if the money is coming from a UK or Devolved Government Department (or intermediary public body authorised to award funds from that Department), give confirmation that the UK or Devolved Government Department has made money available for the specific purpose of establishing or expanding a UK business, and the amount.
  1. (d) If the applicant is applying using money from a third party, other than funding from a UK Seed Funding Competition, or UK Devolved Government Department (or intermediary public body authorised to award funds from that Department) which is either held by the third party or has been transferred to the applicant less than 90 days before the date of the application, he must provide all of the following specified documents, in addition to the specified documents in (c) above:
    1. (i) An original written declaration from every third party that they have made the money available to invest in a business in the United Kingdom, containing:
      1. (1) the names of the third party and the applicant (and his team partner’s name where relevant), or the name of the applicant’s business,
      2. (2) the date of the declaration,
      3. (3) the applicant’s signature and the signature of the third party (and the signature of the applicant’s team partner where relevant),
      4. (4) the amount of money available in pounds sterling,
      5. (5) the relationship(s) of the third party to the applicant,
      6. (6) if the third party is a Venture Capital firm, confirmation of whether this body is regulated by the Financial Conduct Authority (FCA) and its entry in the register includes a permission to arrange, deal in or manage investments, or to manage alternative investment funds,
      7. (7) if the third party is another business in which the applicant is self-employed or a director, evidence of the applicant’s status within that business and that the applicant is the sole controller of that business’s finances, or, where the applicant is not the sole controller, the letter must be signed by another authorised official of that business who is not the applicant, and
      8. (8) confirmation that the money will remain available until such time as it is transferred to the applicant, the entrepreneurial team or the applicant’s business; and
    2. (ii) A letter from a legal representative, confirming the validity of signatures on each third-party declaration provided, which confirms that the declaration(s) from the third party or parties contains the signatures of the people stated. It can be a single letter covering all third-party permissions, or several letters from several legal representatives. It must be an original letter and not a copy, and it must be from a legal representative permitted to practise in the country where the third party or the money is. The letter must clearly show the following:
      1. (1) the name of the legal representative confirming the details,
      2. (2) the registration or authority of the legal representative to practise legally in the country in which the permission or permissions was or were given,
      3. (3) the date of the confirmation letter,
      4. (4) the applicant’s name (and the name of the applicant’s team partner’s name where relevant) and, where (b) applies, that the applicant is a director of the business named in each third-party declaration,
      5. (5) the third party’s name (which cannot be the legal representative themselves),
      6. (6) that the declaration from the third party is signed and valid, and
      7. (7) if the third party is not a Venture Capital Firm, Seed Funding Competition or UK or Devolved Government Department (or intermediary public body authorised to award funds from that Department), the number of the third party or their authorised representative’s identity document (such as a passport or national identity card), the place of issue and dates of issue and expiry; and
    3. (iii) If the third party is a venture capital firm, he must also provide the following documentation:
      1. (1) An original letter from a director, partner or fund manager of the venture capital firm, which includes:
        1. (a) A statement providing detailed information on the strategy, structure and financial exposure of the fund,
        2. (b) A statement detailing the rationale for the investment, providing specific information about the circumstances which led to the investment decision,
        3. (c) A statement confirming that the business/proposed business is a genuine and credible proposition,
      2. (2) A copy of the completed term sheet for the investment, signed by all parties to the transaction, which must include details of the company valuation, company structure, founder and investor rights, the structure of funding and the type of security being taken,
      3. (3) A breakdown of the technical, legal, commercial and financial due diligence conducted by the venture capital firm in support of the investment,
      4. (4) A letter from an accountant, validating the financial condition of the fund. The accountant must have a valid licence to practice or practising certificate and must be a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, the Association of International Accountants or the Association of Accounting Technicians.
  1. (e) If the applicant is applying for leave to remain, and has, or was lasted granted, leave as a Tier 1 (General) Migrant or a Tier 1 (Post-Study Work) Migrant, he must also provide the following evidence that he meets the additional requirements set out in Table 4:
    1. (i) his job title,
    2. (ii) the Standard Occupational Classification (SOC) code of the occupation that the applicant has been working in since before 11 July 2014 or 6 April 2015 (as applicable), up to the date of his application, which must appear on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the Codes of Practice in Appendix J,
    3. (iii) one or more of the following specified documents showing that the business was active before 11 July 2014 or 6 April 2015 (as applicable) and that it remained active throughout the period leading up to the date of his application (if the applicant or his entrepreneurial team member does not own the domain name of the business’s website, then the evidence in (2) may not be provided, and he must instead provide one or more of the documents specified in (1),(3),(4) or (5)):
      1. (1) dated advertising or marketing material, including printouts of online advertising other than on the business’s own website, that has been published locally or nationally and showing the name of the business and the business activity, or
      2. (2) if the applicant (or his entrepreneurial team member) owns the domain name of his business’s website and submits evidence to this effect, dated printouts from the business’s website detailing the service or product provided by the applicant’s business, or
      3. (3) dated article(s) or online links to dated article(s) in a newspaper or other publication showing the name of the business together with the business activity, or
      4. (4) dated information from a trade fair, at which the applicant has had a stand or given a presentation to market his business, showing the name of the business together with the business activity, or
      5. (5) personal registration with a UK trade body linked to the applicant’s occupation; and
    4. (iv) one or more of the following specified documents showing that the business was trading before 11 July 2014 or 6 April 2015 (as applicable) and traded continuously throughout the period leading up to the date of his application:
      1. (1) one or more contracts for service. If a contract is not an original the applicant must sign each page. Each contract must show:
        1. (_a) the name of the business,
        2. (_b) the service provided by the applicant’s business;
        3. (_c) the name of the other party or parties involved in the contract and their contact details, including their full address, postal code, telephone contact number and any email address; and
        4. (_d) the duration of the contract or, if it is a rolling contract with no defined end date, confirmation of when this arrangement began and a letter from the customer or their representative confirming that the contract has not been terminated, dated no earlier than three months before the date of application; or
      2. (2) one or more original letters from UK-regulated financial institutions with which the applicant has a business bank account, on the institution’s headed paper, confirming the dates the business was trading during the period referred to at (iv) above; and
    5. (v)
      1. (1) if claiming points for being self-employed, the following specified documents to show the applicant’s compliance with National Insurance requirements:
        1. (_a) the original bills covering the continuous billing period during which the applicant claims to have been self-employed, if his Class 2 National Insurance is paid by bill;
        2. (_b) bank statements covering the continuous period during which the applicant claims to have been self-employed, showing the direct debit payment of Class 2 National Insurance to HM Revenue & Customs;
        3. (_c) all original small earnings exception certificates issued to the applicant by HM Revenue & Customs covering the continuous tax period during which the applicant claims to have been self-employed, if he has low earnings; or
        4. (_d) if the applicant has, or was last granted leave as a Tier 1 (General) Migrant and is applying before 31 October 2015, the original, dated welcome letter from HM Revenue & Customs containing the applicant’s unique taxpayer reference number, if he has not yet become liable for paying National Insurance, or has not yet received the documents in (_c); or
      2. (2)
        1. (_a) if claiming points for being a director of a UK company at the time of his application, a printout from Companies House of the company’s filing history page and a Current Appointment Report, listing the applicant as a director of a company that is actively trading (and not dormant, or struck-off, or dissolved or in liquidation), and showing the date of his appointment as a director of that company; and
        2. (_b) if claiming points for being a director of a UK company other than the company referred to in (_a) above, at any time before the date of his application, a printout from Companies House of the applicant’s appointments history, showing that the applicant has held directorships continuously during the period in which he claims to have been a director, as well as a printout of the company’s filing history page. The evidence at (1) and (2) above must cover (either together or individually) a continuous period commencing before 11 July 2014 or 6 April 2015 (as appropriate), and ending on a date no earlier than three months before the date of his application. The only exception is if the applicant is claiming points for being self-employed at the time of his application and the evidence consists of documents issued by HM Revenue & Customs referred to at (v)(1)(_a) or (_c) above. If this is the applicant must submit the most recent document issued before the date of his application; and
    6. (vi) if the applicant is currently a director, the following evidence that his business has business premises in the UK and is subject to UK taxation:
      1. (1) a printout of a Companies House document, showing the address of the registered office in the UK, or head office in the UK if it has no registered office, and the applicant’s name, as it appears on the application form, as a director, and a printout of the company’s filing history page; and
      2. (2) documentation from HM Revenue & Customs which confirms that the business is registered for corporation tax; and
    7. (vii) the following evidence that the business has a UK bank account of which the applicant is a signatory:
      1. (1) if the applicant is currently self employed, a personal or business bank statement showing transactions for his business (which must be currently active), or a letter from a UK-regulated financial institution, on the institution’s headed paper, confirming that he has a business and acts through that bank for the purposes of that business, or
      2. (2) if the applicant is currently a director, a company bank statement from a UK account which shows transactions for that company, or a letter from the UK bank in question, on its headed paper, confirming that the company has a bank account, that the applicant is a signatory of that account, and that the company uses that account for the purposes of his business.
  2. and the evidence at (vi) and (vii)(2) above must relate to a company that is actively trading and not dormant, or struck-off, or dissolved or in liquidation.
  1. 42. Subject to paragraphs 36A and 36B above, points will only be awarded to an applicant to whom Table 4, paragraph (b) applies if the total sum of those funds derives from one or more of the sources listed in (b)(i) to (iii) in Table 4.
  2. 43. A regulated financial institution is one, which is regulated by the appropriate regulatory body for the country in which the financial institution operates.
  3. 44. Money is disposable in the UK if all of the money is held in a UK based financial institution or if the money is freely transferable to the UK and convertible to sterling. Funds in a foreign currency will be converted to pounds sterling (£) using the spot exchange rate which appeared on www.oanda.com on the date on which the application was made.
  4. 45. No points will be awarded where the specified documents show that the funds are held in a financial institution listed in Appendix P as being an institution with which the Home Office is unable to make satisfactory verification checks.

Table 5: Applications for entry clearance or leave to remain referred to in paragraph 37

Investment and business activity Points
The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. 20
The applicant has:

(a) registered with HM revenue and Customs as self-employed, or

(b) registered with Companies House as a director of a new or an existing business. Directors who are on the list of disqualified directors provided by Companies House will not be awarded points.

Where the applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) Migrant, the above condition must have been met within 6 months of his entry to the UK (if he was granted entry clearance as a Tier 1 (Entrepreneur) Migrant and there is evidence to establish his date of arrival to the UK), or, in any other case, the date of the grant of leave to remain.
20
On a date no earlier than three months prior to the date of application, the applicant was:

(a) registered with HM revenue and Customs as self-employed, or

(b) registered with Companies House as a director of a new or an existing business. Directors who are on the list of disqualified directors provided by Companies House will not be awarded points.
15
The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least two new full time jobs for persons settled in the UK, or

(b) taken over or invested in an existing business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least two new full time jobs.

Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months of the period for which the most recent leave was granted.
20

Table 6: Applications for indefinite leave to remain as referred to in paragraph 38

Row Investment and business activity Points
1 The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK.

The applicant will not need to provide evidence of this investment as specified in 46-SD (a)-(d) if he was awarded points for it, as set out in Table 5, in his previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant.
20
2 The applicant meets the following conditions:

(i) on a date no earlier than three months prior to the date of application was:

(a) registered with HM Revenue and Customs as self-employed, or

(b) registered with Companies House as a director of a new or an existing business, and

(ii) where the applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) Migrant, on a date within six months of his entry to the UK (if he was granted entry clearance as a Tier 1 (Entrepreneur Migrant) and there is evidence to establish his date of arrival in the UK), or in any other case the date of the grant of leave to remain, the applicant was:

(a) registered with HM Revenue and Customs as self-employed, or

(b) registered with Companies House as a director of a new or an existing business.

Directors who are on the list of disqualified directors provided by Companies House will not be awarded points.

The applicant will not need to provide the evidence of registration for condition (ii) if he was awarded points from row 2 of Table 5 in his previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant.
20
3 The applicant has:

(a) established a new UK business or businesses that has or have created the equivalent of X new full time jobs for persons settled in the UK, or

(b) taken over or invested in an existing UK business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of X new full time jobs where X is at least 2.

Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during the most recent grant of leave.
20
4 The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The specified period must have been spent with leave as a Tier 1 (Entrepreneur) Migrant, as a Businessperson and/or as an Innovator, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant.

The specified continuous period is:

(a) 3 years if the number of new full time jobs, X, referred to in row 3 above is at least 10, or

(b) 3 years if the applicant has:

(i) established a new UK business that has had an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, or

(ii) taken over or invested in an existing UK business and his services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, when compared to the immediately preceding 3 year period,

or

(c) 5 years in all other cases.

Time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out above may be included in the continuous period of lawful residence, provided the most recent period of leave was as a Tier 1 (Entrepreneur) Migrant in the UK. In any such case, the applicant must have absences from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be) of no more than 180 days in any 12 calendar months during the specified continuous period.
15

Investment and business activity: notes

  1. 46. Documentary evidence must be provided in all cases. The specified documents in paragraph 46-SD must be provided as evidence of any investment and business activity that took place when the applicant had leave as a Tier 1 (Entrepreneur) Migrant or a Tier 1 (Post-Study Work) Migrant, and any investment made no more than 12 months (or 24 months if the applicant was last granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application for which the applicant is claiming points.
  1. 46-SD. The specified documents in paragraphs 41(b) and 46 are as follows:
  2. (a) The applicant must provide all the appropriate specified documents needed to establish the amount of money he has invested from the following list:
    1. (i) If the applicant’s business is a registered company that is required to produce audited accounts, the audited accounts must be provided;
    2. (ii) If the applicant’s business is not required to produce audited accounts, unaudited accounts and an accounts compilation report must be provided from an accountant who is not the applicant and who has a valid licence to practise or practising certificate, and who is a member of a UK Recognised Supervisory Body (as defined in the Companies Act 2006);
    3. (iii) If the applicant has made the investment in the form of a director’s loan, it must be shown both in the relevant set of financial accounts provided, and through readily identifiable transactions in the applicant’s business bank statements, which must clearly show the transfer of this money from the applicant to his business. The applicant must also provide a legal agreement, between the applicant (in the name that appears on his application) and the company, showing:
      1. (1) the terms of the loan,
      2. (2) any interest that is payable,
      3. (3) the period of the loan, and
      4. (4) that the loan is unsecured and subordinated in favour of third-party creditors.
    4. (iv) If the applicant is claiming points for investing £50,000 from a Venture Capital firm, Seed Funding Competition or UK Government Department, and has not been awarded points in a previous application for having those funds available, he must provide a letter as specified in paragraph 41-SD(c)(iii) (except that the letter does not need to have been produced within the three months immediately before the date of the application) as evidence of the source of those funds, and additionally if the source of the funding was a venture capital firm, he must also provide the evidence as specified in 41-SD(d)(iii).
    5. (v) Where Table 6 applies and the applicant has established a new UK business that has had an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, he must provide audited or unaudited accounts which show the value of the business activity and that this reached at least £5 million, or
    6. (vi) Where Table 6 applies and the applicant has taken over or invested in an existing UK business and his services or investment have resulted in a net increase in income from business activity to that business of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) Migrant, when compared to the immediately preceding 3 year period, he must provide:
      1. (1) Audited or unaudited accounts from the preceding 3 year period before he became involved with the business as a Tier 1 (Entrepreneur) Migrant, and audited or unaudited accounts which show a net increase of at least £5 million during the period he had leave as a Tier 1 (Entrepreneur) Migrant. The accounts must clearly show the name of the accountant and the date the accounts were produced. The accounts must be prepared and signed off in accordance with statutory requirements, and
      2. (2) An original accountant’s letter verifying the net increase in business activity. The accountant must not be the applicant, must have a valid licence to practice or practising certificate and must be a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, the Association of International Accountants or the Association of Accounting Technicians. The dated letter should contain:
        1. (i) the name and contact details of the business,
        2. (ii) an explanation of the applicant’s status in the business,
        3. (iii) confirmation of the net increase in business activity,
        4. (iv) the registration or permission of the accountant to operate in the United Kingdom, and
        5. (v) that the accountant will confirm the content of the letter to the Home Office on request.
  1. (b) When evidencing the investment;
    1. (1) The audited or unaudited accounts must show the investment in money made directly by the applicant, in his own name or on his behalf (and showing his name),
    2. (2) If the investment was made in the applicant’s business by one or more UK Seed Funding Competitions listed as endorsed on the Department for International Trade pages of the GOV.UK website or one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, this investment can be shown in the accounts as being made in the name of the above funding sources, if the accounts are supplemented by a letter from the source, which confirms that the investment was made on behalf of the applicant,
    3. (3) If the source of funds was not one or more UK Seed Funding Competitions listed as endorsed on the Department for International Trade pages of the GOV.UK website or one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, this investment can be shown in the accounts as being made in the name of the investing entity, if the accounts are supplemented by a letter from Department for International Trade pages of the GOV.UK confirming that this investment was made on behalf of the applicant,
    4. (4) If the applicant has invested by way of share capital the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on his application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided,
    5. (5) The accounts must clearly show the name of the accountant, who must not be the applicant, the date the accounts were produced, and how much the applicant has invested in the business. The accounts must be prepared and signed off by the accountant in accordance with statutory requirements,
  2. (c) The applicant must provide the following specified documents to show that he has established a UK business:
    1. (i) Evidence that the business has business premises in the United Kingdom:
      1. (1) If the applicant is self employed, his registration with HM Revenue and Customs to show that the business is based in the UK, or
      2. (2) If the applicant is a director, printout of a Companies House document showing the address of the registered office in the UK, or head office in the UK if it has no registered office, and the applicant’s name, as it appears on the application form, as a director, and
    2. (ii) Evidence that the business has a UK bank account of which the applicant is a signatory:
      1. (1) If the applicant is self employed, a personal bank statement showing transactions for his business, or a business bank statement, or a letter from a UK-regulated financial institution, on the institution’s headed paper, confirming that he has a business and acts through that bank for the purposes of that business, or
      2. (2) If the applicant is a director, a company bank statement showing that the company has a UK account, or a letter from a UK-regulated financial institution, on the institution’s headed paper, confirming that the company has a bank account and the applicant is a signatory of that account, and
    3. (iii) Evidence that the business is subject to UK taxation:
      1. (1) If the applicant is self-employed, he must be registered as self-employed for National Insurance assessment and provide either the welcome letter from HM Revenue & Customs, the Small Earnings Exception certificate, a copy of the National Insurance bill from HM Revenue & Customs, or the applicant’s bank statement showing that National Insurance is taken by HM Revenue & Customs by direct debit, or
      2. (2) If the applicant is a director of a business, the business must be registered for corporation tax and the applicant must provide documentation from HM Revenue & Customs which confirms this.
  1. (d) If the applicant has bought property that includes residential accommodation the value of this part of the property will not be counted towards the amount of the business investment. The applicant must provide an estimate of the value of the living accommodation if it is part of the premises also used for the business, from a surveyor who is a member of the Royal Institution of Chartered Surveyors. This valuation must be produced in the three months prior to the date of application.
  2. (e) Where Table 4 applies and the applicant is applying for entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) and only some of the money has been invested into a business in the UK prior to his application, he must demonstrate that the balance of funds is held in a regulated financial institution and disposable in the UK by supplying the appropriate documentation in paragraph 41-SD, as well the documentation in 46-SD as evidence for the previous investment.
  3. (f) Where Table 5 or Table 6 apply and the applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) Migrant, and points were awarded from Table 4, he must provide the following specified documents as evidence of his registration as self-employed or as a director within the 6 months after the specified date in the relevant table:
    1. (i) If the applicant was self-employed, he must provide one of the following:
      1. (1) an original, dated welcome letter from HM Revenue & Customs containing the applicant’s unique taxpayer reference number, dated no more than 8 months from the specified date in the relevant table,
      2. (2) an original Exception Certificate from HM Revenue & Customs, dated no more than 8 months from the specified date in the relevant table,
      3. (3) an original National Insurance bill from the HM Revenue & Customs dated during the 6 months after the specified date in the relevant table, or
      4. (4) a bank statement dated in the 6 months after the specified date in the relevant table, showing the direct debit payment of National Insurance to HM Revenue & Customs.
    2. (ii) If the applicant was a director of a new or existing company, he must provide a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing the date of his appointment as a director of that company, which must be no more than 8 months after the specified date in the relevant table.
  1. (g) The applicant must provide the following specified documents as evidence of his current registration as self-employed or as a director:
    1. (i) If the applicant is claiming points for being currently self-employed, he must provide the following specified documents to show that he is paying Class 2 National Insurance contributions:
      1. (1) the original bill from the billing period immediately before the application, if his Class 2 National Insurance is paid by bill,
      2. (2) the most recent bank statement issued before the application, showing the direct debit payment of National Insurance to HM Revenue & Customs, if his National Insurance is paid by direct debit,
      3. (3) an original small earnings exception certificate issued by HM Revenue & Customs for the most recent return date, if he has low earnings, or
      4. (4) the original, dated welcome letter from HM Revenue & Customs containing the applicant’s unique taxpayer reference number, if he has not yet received the documents in (1) to (3).
    2. (ii) If the applicant is claiming points for currently being a director of a UK company, he must provide a printout of a Current Appointment Report from Companies House, dated no earlier than three months before the date of the application, listing the applicant as a director of the company, and confirming the date of his appointment. The company must be actively trading and not struck-off, or dissolved or in liquidation on the date that the printout was produced.
  1. (h) if the applicant is required to score points for job creation in Table 5 or Table 6, he must provide the following:
    1. (i) evidence to show the applicant is reporting Pay As You Earn (PAYE ) income tax appropriately to HM Revenue & Customs (HMRC), and has done so for the full period of employment for which points are being claimed, as follows:
      1. (1) for reporting up to and including 5 October 2013 either:
        1. (a) printouts of Employee Payment Records and, unless the start date of the employment is shown in the Employee Payment Record, an original HMRC form P45 or form P46 (also called a Full Payment Submission) for the settled worker showing the starting date of the employment, or
        2. (b) printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC (if he began reporting via Real Time before 6 October 2013); and
      2. (2) for reporting from 6 October 2013 onwards, printouts of Real Time-Full Payment Submissions which confirm the report of PAYE income tax to HMRC.
    2. The evidence in (1) or (2) above must show the total payments made to the settled workers as well as the tax deducted and date which they started work with the applicant’s business; and
    3. (ii) duplicate payslips or wage slips for each settled worker for whom points are being claimed, covering the full period of the employment for which points are being claimed; and
    4. (iii) confirmation of the hourly rate for each settled worker used to claim points, including any changes in the hourly rate and the dates of the changes, enabling calculation of the hours of work created for each settled worker; and
    5. (iv) documents which show the employee is a settled worker such as the biometric data page of a passport containing photograph and personal details of the employee, and where the worker is an overseas national, a copy of any UK Government stamp or endorsement within the passport, or the employees full birth certificate, showing the name of at least one parent; and
    6. (v) if the applicant was a director of a company, a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, and showing the date of his appointment as a director of that company, to confirm that he was a director of the company that employed the settled worker at the time that the settled worker was employed; or
    7. (vi) if the applicant was self-employed, the specified documents in (c) above showing the dates that the applicant became self-employed, the names on the Employee Payment Record or Real Time Full Payment Submission, the names on the bank account, and the address of the business;
    8. (vii) if the applicant took over or joined a business that employed workers before he joined it, he must provide the following documentation for the year immediately before the jobs were created and the year that the jobs were created, showing the net increase in employment and signed and dated by the applicant:
      1. (1) duplicate HM Revenue & Customers Full Payment Submission sent to HMRC under Real Time; or
      2. (2) if the business started employing staff for which points are being claimed before they were reporting under Real Time, a form P35,
    9. (viii) if the applicant took over or joined a business that employed workers before he joined it, he must also provide an original accountant’s letter verifying the net increase in employment and confirming the number of posts. The accountant must not be the applicant, must have a valid licence to practice or practising certificate and must be a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, the Association of International Accountants or the Association of Accounting Technicians (AAT). The letter must contain:
      1. (1) the name and contact details of the business,
      2. (2) the applicant’s status in the business,
      3. (3) the number of posts created in the business and the hours worked,
      4. (4) the dates of the employment created,
      5. (5) the registration or permission of the accountant to operate in the United Kingdom,
      6. (6) the date that the accountant created the letter on the applicant’s behalf, and
      7. (7) that the accountant will confirm the content of the letter to the Home Office on request.
  1. 47. For the purposes of tables 4, 5 and 6, “investment and business activity” does not include investment in any residential accommodation, property development or property management, and must not be in the form of a director’s loan unless it is unsecured and subordinated in favour of the business. “Property development or property management” in this context means any development of property owned by the applicant or his business to increase the value of the property with a view to earning a return either through rent or a future sale or both, or management of property (whether or not it is owned by the applicant or his business) for the purposes of renting it out or resale. The principle is that the business income must be generated from the supply of goods and/or services, and not derived from the increased value of property or any income generated from property, such as rent.
  2. 48. Points will only be awarded in respect of a UK business or businesses.
    1. (a) A business will be considered to be a UK business if:
      1. (i) it is trading within the UK economy, and
      2. (ii) it has a registered office in the UK, except where the applicant is registered with HM revenue & Customs as self-employed and does not have a business office, and
      3. (iii) it has a UK bank account, and
      4. (iv) it is subject to UK taxation.
    2. (b) Multinational companies that are registered as UK companies with either a registered office or head office in the UK are considered to be UK businesses for the purposes of Tables 4, 5 and 6.
    3. (c) Subject to (d) below, a business will only be considered to be a “new” business for the purposes of Tables 5 and 6 if it was established no earlier than 12 months before the start of a period throughout which the applicant has had continuous leave as a Tier 1 (Entrepreneur) Migrant, and which includes the applicant’s last grant of leave. (For these purposes continuous leave will not be considered to have been broken if any of the circumstances set out in paragraphs 245AAA(a)(i) to (iii) of these Rules apply.)
    4. (d) If the applicant held entry clearance or leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant no more than 28 days before the application which led to the start of the period of continuous leave as a Tier 1 (Entrepreneur) Migrant referred to in (c) above, a business will only be considered to be a “new” business for the purposes of Tables 5 and 6 if it was established no earlier than 24 months before the start of the period in (c).
  1. 49. A full time job is one involving at least 30 hours of work a week. Two or more part time jobs that add up to 30 hours a week will count as one full time job, and may score points in Tables 5 and 6, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job. If jobs are being combined, the employees being relied upon must be clearly identified by the applicant in their application. Jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period.
  2. 50. Where the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) Migrant, the jobs must have existed for at least 12 months during the period of the most recent grant of leave. A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period) and the jobs need not exist at the date of application, provided they existed for at least 12 months during the period of the most recent grant of leave.
  3. 51. The jobs must comply with all relevant UK legislation including, but not limited to, the national Minimum Wage and the Working Time Directive.

Entrepreneurial teams: Notes

  1. 52. Two applicants, and no more than two applicants, may claim points for the same investment and business activity in Tables 4, 5 or 6 providing the following requirements are met.
  1. Requirements:
    1. (a) The applicants have equal level of control over the funds and/or the business or businesses in question;
    2. (b) The applicants are both shown by name in each other’s applications and in the specified evidence required in the relevant table; and
    3. (c) Neither applicant has previously been granted leave as a Tier 1 (Entrepreneur) Migrant on the basis of investment and/or business activity linked in this way with any applicant other than each other if the same funds are being relied on as in a previous application.
  1. 53. (a) No points will be awarded for funds that are made available to any individual other than the applicant, except:
    1. (i) under the terms of paragraph 52 above; or
    2. (ii) where the money is held in a joint account with the applicant’s spouse, civil partner or partner (defined as a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application), and that spouse or partner is not (or is not applying to be) another Tier 1 (Entrepreneur) Migrant.
  2. (b) No points will be awarded for investment and business activity shared with another Tier 1 (Entrepreneur) applicant, except under the terms of paragraph 52 above.
  3. (c) If the applicant is not the sole partner or director in the business, he must state:
    1. (i) the names of the other partners or directors,
    2. (ii) whether any of the other partners or directors are also Tier 1 (Entrepreneur) Migrants, and
    3. (iii) if so:
      1. (1) the dates they became partners or directors,
      2. (2) whether they are applying under the provisions in paragraph 52 above, and
      3. (3) if they have made (or are making at the same time) an application in which they claimed points for creating jobs, the names of the jobholders in question.

Attributes for Tier 1 (Investor) Migrants

  1. 54. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Investor) Migrant must score 75 points for attributes.
  2. 55. Subject to paragraph 56, available points for applications for entry clearance or leave to remain are shown in Table 7.
  3. 56. (a) Available points for entry clearance or leave to remain are shown in Table 8A for an applicant who:
    1. (i) has had entry clearance, leave to enter or leave to remain as a Tier 1 (Investor) Migrant, which was granted under the Rules in place from 6 November 2014, in the 12 months immediately before the date of application, or
    2. (ii) is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 1 (Investor) Migrant, which was granted under the Rules in place from 6 November 2014.
  4. (b) Available points for entry clearance or leave to remain are shown in Table 8B for an applicant who:
    1. (i) has had entry clearance, leave to enter or leave to remain as a Tier 1 (Investor) Migrant, under the Rules in place before 6 November 2014, or as an Investor, in the 12 months immediately before the date of application;, or
    2. (ii) is applying for leave to remain and has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 1 (Investor) Migrant, under the Rules in place before 6 November 2014, or as an Investor.
  5. 57. (a) Available points for applications for indefinite leave to remain are shown in Table 9A for an applicant who was last granted as a Tier 1 (Investor) Migrant under the Rules in place from 6 November 2014, and was awarded points as set out in Table 7 or Table 8A of Appendix A to these Rules in that last grant.
  6. (b) Available points for applications for indefinite leave to remain are shown in Table 9B for an applicant who was last granted as a Tier 1 (Investor) Migrant under the Rules in place before 6 November 2014, or was awarded points as set out in Table 8B of Appendix A in his last grant.58. Notes to accompany Tables 7 to Table 9B appear below Table 9B.

Table 7: applications for entry clearance or leave to remain referred to in paragraph 55

Assets Points  
The applicant:
(a) has money of his own under his control held in a regulated financial institution and disposable in the UK amounting to not less than £2 million; and (b) has opened an account with a UK regulated bank for the purposes of investing not less than £2 million in the UK.
75  
     

Table 8A: Applications for entry clearance or leave to remain from applicants who initially applied to enter the category from 6 November 2014 as referred to in paragraph 56(a)6

Money and investment Points
The applicant has invested not less than £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, subject to the restrictions set out in paragraph 65 below.

The investment referred to above was made:

(1) within 3 months of the applicant’s entry to the UK, if he was granted entry clearance as a Tier 1 (Investor) Migrant and there is evidence to establish his date of entry to the UK, unless there are exceptionally compelling reasons for the delay in investing, or

(2) where there is no evidence to establish his date of entry in the UK or where the applicant was granted entry clearance in a category other than Tier 1 (Investor) Migrant, within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 (Investor) Migrant, unless there are exceptionally compelling reasons for the delay in investing, or

(3) where the investment was made prior to the application which led to the first grant of leave as a Tier 1 (Investor) Migrant, no earlier than 12 months before the date of such application,

and in each case the level of investment has been at least maintained for the whole of the remaining period of that leave.

“Compelling reasons for the delay in investing” must be unforeseeable and outside of the applicant’s control. Delays caused by the applicant failing to take timely action will not be accepted. Where possible, the applicant must have taken reasonable steps to mitigate such delay.
75

Table 8B: Applications for entry clearance or leave to remain from applicants who initially applied to enter the category before 6 November 2014 as referred to in paragraph 56(b)

Money and investment Points
The applicant: (a) has money of his own under his control in the UK amounting to not less than £1 million, or (b) (i) owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £2 million, and (ii) has money under his control and disposable in the UK amounting to not less than £1 million which has been loaned to him by a UK regulated financial institution. 30
The applicant has invested not less than £750,000 of his capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, subject to the restrictions set out in paragraph 65 below and has invested the remaining balance of £1,000,000 in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution. 30
(i) The investment referred to above was made: (1) within 3 months of the applicant’s entry to the UK, if he was granted entry clearance as a Tier 1 (Investor) Migrant and there is evidence to establish his date of entry to the UK, unless there are exceptionally compelling reasons for the delay in investing, or (2) where there is no evidence to establish the date of his entry in the UK or where the applicant was granted entry clearance in a category other than Tier 1 (Investor) Migrant, within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 (Investor) Migrant, unless there are exceptionally compelling reasons for the delay in investing, or (3) where the investment was made prior to the application which led to the first grant of leave as a Tier 1 (Investor) Migrant, no earlier than 12 months before the date of such application, and in each case the investment has been at least maintained for the whole of the remaining period of that leave; or (ii) The migrant has, or was last granted, entry clearance, leave to enter or leave to remain as an Investor. “Compelling reasons for the delay in investing” must be unforeseeable and outside of the applicant’s control. Delays caused by the applicant failing to take timely action will not be accepted. Where possible, the applicant must have taken reasonable steps to mitigate such delay. 15

Table 9A: Applications for indefinite leave to remain from applicants who initially applied to enter the category from 6 November 2014 as referred to in paragraph 57(a)

Row Money and investment Points
1 The applicant has invested money of his own under his control amounting to at least: (a) £10 million; or (b) £5 million; or (c) £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, subject to the restrictions set out in paragraph 65 below. 40
2 The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified continuous period must have been spent with leave as a Tier 1 (Investor) Migrant. The specified continuous period is: (a) 2 years if the applicant scores points from row 1(a) above; (b) 3 years if the applicant scores points from row 1(b) above; or (c) 5 years if the applicant scores points from row 1(c) above. Time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out above may be included in the continuous period of lawful residence, provided the most recent period of leave was as a Tier 1 (Investor) Migrant in the UK. In any such case, the applicant must have absences from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be) of no more than 180 days in any 12 calendar months during the specified continuous period. 20
3 The investment referred to above was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the relevant specified continuous period referred to in row 2, other than in the first 3 months of that period, and the applicant has provided the specified documents to show that this requirement has been met. When calculating the specified continuous period, the first day of that period will be taken to be the later of: (a) the date the applicant first entered the UK as a Tier 1 (Investor) Migrant (or the date entry clearance was granted as a Tier 1 (Investor) Migrant), or the date the applicant first entered the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man with leave in a category equivalent to Tier 1 (Investor) if this is earlier, or (b) the date 3 months before the full specified amount was invested in the UK, or before the full required amount in an equivalent category was invested in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man. 15

Table 9B: Applications for indefinite leave to remain from applicants who initially applied to enter the category before 6 November 2014 as referred to in paragraph 57(b)

Row Assets and investment Points
1 The applicant: (a) (i) has money of his own under his control in the UK amounting to not less than £10 million; or (ii) (1) owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £20 million; and (2) has money under his control and disposable in the UK amounting to not less than £10 million which has been loaned to him by a UK regulated financial institution, or (b) (i) has money of his own under his control in the UK amounting to not less than £5 million; or (ii) (1) owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £10 million; and (2) has money under his control and disposable in the UK amounting to not less than £5 million which has been loaned to him by a UK regulated financial institution; or (c) (i) has money of his own under his control in the UK amounting to not less than £1 million; or (ii) (1) owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £2 million; and (2) has money under his control and disposable in the UK amounting to not less than £1 million which has been loaned to him by a UK regulated financial institution. 20
2 The applicant has invested not less than 75% of the specified invested amount of his capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, subject to the restrictions set out in paragraph 65 below, and has invested the remaining balance of the specified invested amount in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution. The specified invested amount is: (a) £10,000,000 if the applicant scores points from row 1(a) above, (b) £5,000,000 if the applicant scores points from row 1(b) above, or (c) £1,000,000 if the applicant scores points from row 1(c) above. 20
3 The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified continuous period must have been spent with leave as a Tier 1 (Investor) Migrant and/or as an Investor, of which the most recent period must have been spent with leave as a Tier 1 (Investor) Migrant. The specified continuous period is: (a) 2 years if the applicant scores points from row 1(a) above, (b) 3 years if the applicant scores points from row 1(b) above, or (c) 5 years if the applicant scores points from row 1(c) above. Time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out above may be included in the continuous period of lawful residence, provided the most recent period of leave was as a Tier 1 (Investor) Migrant in the UK. In any such case, the applicant must have absences from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be) of no more than 180 days in any 12 calendar months during the specified continuous period. 20
4 The investment referred to above was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the time spent with leave as a Tier 1 (Investor) Migrant in the UK in the relevant specified continuous period referred to in row 3, other than in the first 3 months of that period. In relation to time spent with leave as a Tier 1 (Investor) Migrant in the UK, the applicant has provided specified documents to show that this requirement has been met. When calculating the specified continuous period, the first day of that period will be taken to be the later of: (a) the date the applicant first entered the UK as a Tier 1 (Investor) Migrant (or the date entry clearance was granted as a Tier 1 (Investor) Migrant), or the date the applicant first entered the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man with leave in a category equivalent to Tier 1 (Investor) if this is earlier, or (b) the date 3 months before the full specified amount was invested in the UK, or before the full required amount in an equivalent category was invested in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man. 15

UK bank account: notes

  1. 59. In the case of an application where Table 7 applies, in addition to the evidence relating to money to invest, the applicant must provide an original letter issued by an authorised official of a UK regulated bank, on the official letter-headed paper of the institution, which:
    1. (a) is dated within the three months immediately before the date of the application;
    2. (b) states the applicant’s name and account number; and
    3. (c) confirms that:
      1. (i) the applicant has opened an account with that bank for the purposes of investing not less than £2 million in the UK; and
      2. (ii) the bank is regulated by the Financial Conduct Authority for the purposes of accepting deposits.

Money and assets: notes

  1. 60. Money is disposable in the UK if all of the money is held in a UK based financial institution or if the money is freely transferable to the UK and convertible to sterling. funds in a foreign currency will be converted to pounds sterling (£) using the spot exchange rate which appeared on www.oanda.com on the date on which the application was made.
  2. 61. “Money of his own”, “personal assets” and ‘his capital’ include money or assets belonging to the applicant’s spouse, civil partner or unmarried or same-sex partner, provided that:
    1. (a) the applicant’s spouse, civil partner or unmarried or same-sex partner meets the requirements of paragraphs 319C(c) and (d) of these rules, and the specified documents in paragraph 61-SD are provided, and
    2. (b) specified documents in paragraph 61-SD are provided to show that the money or assets are under the applicant’s control and that he is free to invest them.
  1. 61A. In Tables 7 to 9B, “money of his own under his control” and “money under his control” exclude money that a loan has been secured against, where another party would have a claim on the money if loan repayments were not met, except where:
    1. (i) the applicant made an application before 13 December 2012 which is undecided or which led to a grant of entry clearance or leave to remain as an Investor or a Tier 1 (Investor) migrant,
    2. (ii) the applicant has not been granted entry clearance, leave to enter or leave to remain in any other category since the grant referred to in (i), and
    3. (iii) the money is under the applicant’s control, except for the fact that the loan referred to in paragraph (b) in Table 8B or row 1 of Table 9B has been secured against it. has been secured against it.
  2. 61-SD. The specified documents in paragraph 61, as evidence of the relationship and to show that the money or assets are under the applicant’s control and that he is free to invest them, are as follows:
    1. (a) The applicant must provide:
      1. (i) The original certificate of marriage or civil partnership, to confirm the relationship, which includes the name of the applicant and the husband, wife or civil partner, or
      2. (ii) At least three of the following types of specified documents to demonstrate a relationship similar in nature to marriage or civil partnership, including unmarried and same-sex relationships, covering a full two-year period immediately before the date of the application:
        1. (1) a bank statement or letter from a bank confirming a joint bank account held in both names,
        2. (2) an official document such as a mortgage agreement showing a joint mortgage,
        3. (3) official documents such as deeds of ownership or a mortgage agreement showing a joint investment, such as in property or business,
        4. (4) a joint rent (tenancy) agreement,
        5. (5) any other official correspondence linking both partners to the same address, such as example bills for council tax or utilities,
        6. (6) a life insurance policy naming the other partner as beneficiary,
        7. (7) birth certificates of any children of the relationship, showing both partners as parents, or
        8. (8) any other evidence that adequately demonstrates the couple’s long-term commitment to one another.
    2. (b) The applicant must provide an original declaration from the applicant’s husband, wife, civil partner, or unmarried or same-sex partner that he will permit all joint or personal money used to claim points for the application to be under the control of the applicant in the UK, known as a gift of beneficial ownership of the money while retaining the legal title, which clearly shows:
      1. (1) the names of husband, wife, civil partner, or unmarried or same-sex partner and the applicant,
      2. (2) the date of the declaration,
      3. (3) the signatures of the husband, wife, civil partner, or unmarried or same-sex partner and applicant,
      4. (4) the amount of money available, and
      5. (5) a statement that the husband, wife, civil partner, or unmarried or same-sex partner agrees that the applicant has sole control over the money.
    3. (c) The applicant must provide a letter, from a legal adviser who is permitted to practise in the country where the declaration was made, confirming that the declaration is valid and which clearly shows:
      1. (1) the name of the legal adviser confirming that the declaration is valid,
      2. (2) the registration or authority of the legal adviser to practise legally in the country in which the document was drawn up,
      3. (3) the date of the confirmation of the declaration,
      4. (4) the names of the applicant and husband, wife, civil partner, or unmarried or same-sex partner, and
      5. (5) that the declaration is signed and valid according to the laws of the country in which it was made.
  1. 62. “Regulated financial institution” is defined in paragraph 43, Appendix A.
  2. 63. In the case of an application where Table 7 applies, where the money referred to in Table 7 has already been invested in the UK before the date of application, points will only be awarded if it was invested in the UK no more than 12 months before the date of application.

Source of money: notes

  1. 64. In the case of an application where Table 7 applies, points will only be awarded if the applicant:
    1. (a) has had the money referred to in Table 7 for a consecutive 90-day period of time, ending no earlier than one calendar month before the date of application, and provides the specified documents in paragraph 64-SD; or
    2. (b) provides the additional specified documents in paragraph 64A-SD of the source of the money.
  2. 64-SD. The specified document requirements in paragraph 64(a), as evidence of having held the money for the specified 90-day period, are as follows:
    1. (a) The applicant must provide:
      1. (i) A portfolio report produced by a UK regulated financial institution, or a breakdown of investments in an original letter produced by a UK regulated financial institution, on the official letter-headed paper of the institution, issued by an authorised official of that institution. The portfolio report or letter must cover a consecutive 90-day period of time, ending no more than one calendar month before the date of application. The portfolio report or letter must confirm all the following:
        1. (1) the amount of the money held in the investments,
        2. (2) the beneficial owner of the funds,
        3. (3) the date of the investment period covered,
        4. (4) that the institution is a UK regulated financial institution, with the details of the registration shown on the documentation, and
        5. (5) that the money can be transferred into the UK should the application be successful, if it is held abroad, or that the money has already been invested in the UK in the form of UK Government bonds, share capital or loan capital in active and trading UK registered companies, and the dates of these investments;
      2. (ii) If the applicant manages his own investments, or has a portfolio manager who does not operate in the UK and is not therefore regulated by the Financial Conduct Authority (FCA) (and the Prudential Regulation Authority (PRA) where applicable), he must provide one or more of the documents from the list below, as relevant to their type of investments, covering a consecutive 90-day period of time, ending no earlier than one calendar month before the date of application:
        1. (1) certified copies of bond documents showing the value of the bonds, the date of purchase and the owner;
        2. (2) share documents showing the value of the shares, the date of purchase and the owner,
        3. (3) the latest audited annual accounts of the organisation in which the investment has been made, clearly showing the amount of money held in the investments, the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner), and the date of investment, or, if no accounts have been produced, a certificate from an accountant showing the amount of money held in the investments, and
        4. (4) original trust fund documents from a legal adviser showing the amount of money in the fund, the date that the money is available and the beneficial owner, and including the name and contact details of the legal adviser and at least one of the trustees;
      3. (iii) Original personal bank statements on the official bank stationery from a bank that is regulated by the official regulatory body for the country in which the institution operates and the funds are located, showing the account number and the amount of money available in the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner), covering a consecutive 90-day period of time, ending no earlier than one calendar month before the date of application. The most recent statement must be no more than one calendar month old at the date of application. Electronic bank statements must be accompanied by a supporting letter from the bank on the institution’s official headed paper, issued by an authorising official of that institution, confirming the content and that the document is genuine;
      4. (iv) If the applicant cannot provide bank statements, an original letter from a bank that is regulated by the official regulatory body for the country in which the institution operates and the funds are located. The letter must be, on the institution’s official headed paper, issued by an authorised official of that institution, and dated no more than one calendar month before the date of application. The letter must confirm:
        1. (1) the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner), and that the money is available in their name(s),
        2. (2) the account number,
        3. (3) that the bank is regulated by the official regulatory body for the country in which the institution operates and the funds are located,
        4. (4) the dates of the period covered, including both the day the letter was produced and three full consecutive months immediately before the date of the letter, and
        5. (5) the balance of the account to cover the required amount of money as a minimum credit balance on the date of the letter and throughout the three full consecutive months before the date of the letter;
    2. (b) If the funds are not held in the UK, the applicant must also provide an original letter from a bank or financial institution that is regulated by the official regulatory body for the country in which the institution operates and the funds are located, on the institution’s official headed paper, issued by an authorised official of that institution, which confirms:
      1. (1) the name of the beneficial owner, which should be the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner),
      2. (2) the account number,
      3. (3) the date of the letter,
      4. (4) the amount of money to be transferred,
      5. (5) that the money can be transferred to the UK if the application is successful, and
      6. (6) that the institution will confirm the content of the letter to the Home Office on request.

If the applicant is providing the letter in (a)(iv) above, this information may be contained in the same letter.

  1. (c) If specified documents are provided from accountants, the accountant must have a valid licence to practise or practising certificate and must:
    1. (i) if based in the UK, be a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, or the Association of International Accountants, or
    2. (ii) if not based in the UK, be a member of an equivalent, appropriate supervisory or regulatory body in the country in which they operate.
  1. 64A-SD. Where paragraph 64(b) states that specified documents are required as evidence that the money is under the applicant’s control and that he is free to invest it, the applicant must provide all the specified documents from the following list, with contact details that enable verification:
    1. (a) Original documents in the form of:
      1. (i) Money given to the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) within the three months immediately before the application must be shown in an irrevocable memorandum of gift, which clearly shows:
        1. (1) the name and signature of the person receiving the gift,
        2. (2) the name and signature of the person giving the gift,
        3. (3) the date of the memorandum,
        4. (4) the relationship between the person giving the gift and the person receiving it,
        5. (5) the amount of money being given,
        6. (6) a statement that the legal ownership of the gift is transferred and that the document is the memorandum of transfer,
        7. (7) a clear description of the gift, and
        8. (8) a statement that the gift is irrevocable;
      2. (ii) If a memorandum of gift in (i) is provided, it must be accompanied by an original confirmation letter from a legal adviser permitted to practise in the country where the gift was made, which clearly shows:
        1. (1) the name of the legal adviser who is confirming the details,
        2. (2) the registration or authority of the legal adviser to practise legally in the country in which the gift was made,
        3. (3) the date of the confirmation of the memorandum,
        4. (4) the names of the person giving the gift and the person receiving it,
        5. (5) the relationship between the person giving the gift and the person receiving it,
        6. (6) the amount of money given,
        7. (7) the date that the money was transferred to the applicant, or to the husband, wife, civil partner, or unmarried partner or same-sex partner of the applicant,
        8. (8) that the memorandum is signed and valid,
        9. (9) that the gift is irrevocable, and
        10. (10) that the memorandum is binding according to the laws of the country in which it was made;
    2. (iii) Deeds of sale of assets such as business or property, if the applicant has generated these funds within the three months immediately before the date of application, which meet the relevant legal requirements of the country of sale and clearly show:
      1. (1) the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner),
      2. (2) the amount of money raised, and
      3. (3) the date of the sale;
    3. (iv) If a deed of sale in (iii) is provided, it must be accompanied by an original confirmation letter from a legal adviser permitted to practise in the country where the sale was made, which clearly shows:
      1. (1) the name of the legal adviser confirming the details,
      2. (2) the registration or authority of the legal adviser to practise legally in the country in which the sale was made,
      3. (3) the date of the sale,
      4. (4) the date of production of the letter confirming the sale,
      5. (5) the details of what was sold and the amount of money received from the sale,
      6. (6) the name of the person receiving the money from the sale,
      7. (7) the date that the money was transferred, and
      8. (8) that the sale was valid according to the laws of the country in which it was made; *(v) If the funds are currently held in the applicant’s business (or the business of the applicant and/or the applicant’s husband, wife, civil partner, or unmarried or same-sex partner), the applicant must provide business accounts, which:
      9. (1) are profit and loss accounts (or income and expenditure accounts if the organisation is not trading for profit),
      10. (2) are prepared and signed off in accordance with statutory requirements, and
      11. (3) clearly show the amount of money available for investment;
    4. (vi) If business accounts in (v) are provided, they must be accompanied by an original letter from a legal adviser who is permitted to practise in the country where business was operating, confirming that the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) can lawfully extract the money from the business, which clearly shows:
      1. (1) the name of the legal adviser who is confirming the details,
      2. (2) the registration or authority of the legal adviser to practise legally in the country in which the business is operating,
      3. (3) the date on which the details are confirmed, and
      4. (4) that the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) can lawfully extract the money from the business in question;
    5. (vii) If the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same sex partner) has been the beneficiary of a will within the three months before making the application, and has received money as a result, the applicant must provide a notarised copy of the will. If the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) has received possessions or assets, rather than money, then the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) may not use estimates of the value of the items as evidence of funds for investment. The notarised copy of the will must clearly show:
      1. (1) the date of the will,
      2. (2) the beneficiary of the will (this should be the applicant or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner),
      3. (3) the amount of money that the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) has inherited, and
      4. (4) the names of any executors, plus any codicils (additions) to the will that affect the amount of money that was received;
    6. (viii) If a notarised copy of a will in (vii) is provided, it must be accompanied by an original confirmation letter from a legal adviser who is permitted to practise in the country where will was made, confirming the validity of the will, which clearly shows:
      1. (1) the name of the legal adviser confirming the details,
      2. (2) the registration or authority of the legal adviser to practise legally in the country in which the will was made,
      3. (3) the date of the document produced by the legal adviser confirming the will,
      4. (4) the date that the applicant received the money as a result of the settlement of the will,
      5. (5) the names of the person making the will and the beneficiary,
      6. (6) the relationship between the person making the will and the beneficiary,
      7. (7) confirmation of the amount of money received by the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner).
      8. (8) that the will is signed and valid, and
      9. (9) that the will is valid according to the laws of the country in which it was made;
    7. (ix) If the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) has obtained money as a result of a divorce settlement within the three months immediately before the date of application, the applicant must provide a notarised copy of a financial agreement following a divorce. If the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) has received possessions or assets, rather than money, estimates of the value of the items will not be accepted as evidence of money for investment.
    8. (x) If a divorce settlement in (ix) is provided, it must be accompanied by an original confirmation letter from a legal adviser who is permitted to practise in the country where the divorce took place, which clearly shows:
      1. (1) the name of the legal adviser confirming the details,
      2. (2) the registration or authority of the legal adviser to practise legally in the country in which the divorce took place,
      3. (3) the date of the document produced by the legal adviser confirming the divorce settlement,
      4. (4) the date that the applicant received the money as a result of the settlement,
      5. (5) the names of the persons who are divorced,
      6. (6) confirmation of the amount of money received by the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner,
      7. (7) that the divorce settlement is complete and valid, and
      8. (8) that the divorce settlement is valid according to the laws of the country in which it was made;
    9. (xi) If the applicant is relying on a financial award or winnings as a source of funds, he must provide an original letter from the organisation issuing the financial award or winnings, which clearly shows:
      1. (1) the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner),
      2. (2) the date of the award,
      3. (3) the amount of money won,
      4. (4) the winnings are genuine, and
      5. (5) the contact details for the organisation issuing the award or winnings;
    10. (xii) If a letter showing a financial award or winnings in (xi) is provided, it must be accompanied by an original confirmation letter from a legal adviser who is permitted to practise in the country where the award was made, which clearly shows:
      1. (1) the name of the legal adviser confirming the details,
      2. (2) the registration or authority of the legal adviser to practise legally in the country in which the award was made,
      3. (3) the date of the letter of confirmation,
      4. (4) the date of the award,
      5. (5) the name of the recipient of the award,
      6. (6) the amount of the winnings,
      7. (7) the source of the winnings, and
      8. (8) the date that the money was transferred to the applicant, or husband, wife, civil partner, or unmarried or same-sex partner;
    11. (xiii) If the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) has received money from a source not listed above, the applicant must provide relevant original documentation as evidence of the source of the money, together with independent supporting evidence, which both clearly confirm:
      1. (1) the amount of money received,
      2. (2) the date that the money was received,
      3. (3) the source of the money, and
      4. (4) that the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) was the legal recipient of the money.

Source of additional money (Table 9A and Table 9B): notes

  1. 64B-SD. In the case of an application where Table 9A, row 1 (a) or (b), or Table 9B, row 1 (a)(i) or (b)(i) applies, points will only be awarded if the applicant:
    1. (a) (i) has had the additional money (or the additional assets in respect of an application to which either row 1 (a)(i) or (b)(i) of Table 9B applies) that he was not awarded points for in his previous grant of leave for a consecutive 90-day period of time, ending on the date(s) this additional capital was invested (as set out in row 1 of Table 9A or row 2 of Table 9B), and
    2. (ii) provides the specified documents in paragraph 64-SD (or the additional assets in respect of an application to which either row 1 (a)(i) or (b)(i) of Table 9B applies), with the difference that references to “date of application” in that paragraph are taken to read “date of investment”; or
    3. (b) provides the additional specified documents in paragraph 64A-SD of the source of the additional money (with the difference that references to “date of application” in that paragraph are taken to read “date of investment”).
  1. 64C-SD. In the case of an application where Table 9B, row 1 (a)(ii) or (b)(ii) applies, points will only be awarded if the applicant provides an original letter of confirmation from each UK regulated financial institution the applicant has taken out a loan with to obtain the additional funds that he was not awarded points for in his previous grant of leave. The letter must have been issued by an authorised official, on the official letter-headed paper of the institution(s), and confirm:
    1. (i) the amount of money that the institution(s) has loaned to the applicant,
    2. (ii) the date(s) the loan(s) was taken out by the applicant, which must be no later than the date(s) this additional capital was invested (as set out in Table 9B, row 2),
    3. (iii) that the institution is a UK regulated financial institution for the purpose of granting loans,
    4. (iv) that the applicant has personal assets with a net value of at least £2 million, £10 million or £20 million (as appropriate), and
    5. (v) that the institution(s) will confirm the content of the letter to the Home Office on request.

Qualifying investments (Table 8A to Table 9B): notes

  1. 65. Investment excludes investment by the applicant by way of:
    1. (a) an offshore company or trust, or investments that are held in offshore custody except that investments held in offshore custody shall not be excluded where the applicant made an application before 13 December 2012 which is undecided or which led to a grant of entry clearance or leave to remain as an Investor or a Tier 1 (Investor) migrant and has not since been granted entry clearance, leave to enter or leave to remain in any other category,
    2. (b) Open-ended investment companies, investment trust companies, investment syndicate companies or pooled investment vehicles,
    3. (c) Companies mainly engaged in property investment, property management or property development (meaning in this context any investment or development of property to increase the value of the property with a view to earning a return either through rent or a future sale or both, or management of property for the purposes of renting it out or resale. The principle is that business income must be generated from the supply of goods and/or services and not derived from the increased value of property or any income generated through property, such as rent.),
    4. (d) Deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits,
    5. (e) ISAs, premium bonds and saving certificates issued by the National Savings and Investment Agency (NS&I), for an applicant who has, or last had leave as a Tier 1 (Investor) Migrant, or
    6. (f) Leveraged investment funds, except where the leverage in question is the security against the loan referred to in paragraph (b) in Table 7, paragraph (b) in Table 8 or row 1 of Table 9 (as appropriate), and paragraph 61A(i)-(iii) apply.
  1. 65A. “Active and trading UK registered companies” means companies which:
    1. (a) have a registered office or head office in the UK;
    2. (b) have a UK bank account showing current business transactions; and
    3. (c) are subject to UK taxation.
  2. 65B. No points will be awarded where the specified documents show that the funds are held in a financial institution listed in Appendix P as being an institution with which the Home Office is unable to make satisfactory verification checks.
  3. 65C. (a) In the case of an application where Table 8A or Table 9A applies, points for maintaining the level of investment for the specified continuous period of leave will only be awarded:
    1. (i) if the applicant has purchased a portfolio of qualifying investments for a price of at least £2 million (or £5 million or £10 million, as appropriate); and
    2. (ii) where any part of the qualifying investments in the portfolio is sold (whether at a gain or at a loss) during the specified continuous period of leave, their gross proceeds are re-invested in qualifying investments before the end of the next reporting period, or within six months of the date of completion of the sale, whichever is sooner.
  4. (b) In the case of an application where Table 8B or Table 9B applies, points for maintaining the level of investment for the relevant period of leave will only be awarded if:
    1. (i) the applicant has maintained a portfolio of qualifying investments with a market value of at least £750,000 (or £3,750,000 or £7,500,000 as appropriate);
    2. (ii) any fall in the market value of the portfolio below the amount in (i) is corrected before the end of the next reporting period, or within six months of the date of completion of the sale, whichever is sooner, by the purchase of further qualifying investments with a market value equal to the amount of any such fall; and
    3. (iii) the applicant has maintained a total level of investment (including the qualifying investments at (i) and
    4. (ii) above) of £1,000,000.
  5. (c) In the case of an application where one of Tables 8A, 8B, 9A or 9B applies:
    1. (i) The applicant may withdraw interest and dividend payments generated by the qualifying investments from the portfolio;
    2. (ii) Fees, for example those charged by institutions for managing the portfolio, and transaction costs and tax incurred through buying and selling investments cannot be paid for from the investment funds for which the applicant scores points; and
    3. (iii) If the applicant has invested more than the required level in qualifying investments, the fees, transaction costs and tax referred to in (ii) above may be paid from the surplus investment, providing the surplus investment was made at the same time or before the fees, transaction costs and tax were incurred (for example, if the applicant scores points for investing £2 million in qualifying investments, but has actually invested £2.1 million in qualifying investments, up to £100,000 in fees, transaction costs and tax may be paid for from the investment funds. The applicant must have invested £2.1 million at or by the time he pays these costs; he cannot pay out of a £2 million investment and invest a further £100,000 at a later date to compensate).
  1. 65-SD. The following specified documents must be provided as evidence of investment:
    1. (a) The applicant must provide a series of investment portfolio reports, certified as correct by a UK regulated financial institution, which must:
      1. (i) cover the required period, beginning no later than the end of the 3 month timescale specified in the relevant table;
      2. (ii) continue to the last reporting date of the most recent reporting period directly before the date of the application;
      3. (iii) include the price of the investments;
      4. (iv) certify that the total investment was maintained as required by paragraph 65C as applicable;
      5. (v) show the dates that the investments were made;
      6. (vi) show the destination of the investments;
      7. (vii) for investments made as loan funds to companies, be accompanied by audited accounts or unaudited accounts with an accounts compilation report for the investments made, giving the full details of the applicant’s investment. The accountant must have a valid licence to practise or practising certificate and must be a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, or the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, or the Association of International Accountants;
      8. (viii) include the name and contact details of the financial institution that has certified the portfolio as correct, and confirmation that this institution is regulated by the Financial Conduct Authority (FCA) (and the Prudential Regulation Authority (PRA) where applicable);
      9. (ix) confirm that the investments were made in the applicant’s name and/or that of his spouse, civil partner, unmarried or same-sex partner and not in the name of an offshore company or trust even if this is wholly owned by the applicant;
      10. (x) include the date that the portfolio was certified by the financial institution; and
      11. (xi) state that the institution will confirm the content of the reports to the Home Office on request.
    2. (b) Where the applicant previously had leave as an Investor, is applying under Table 8B or Table 9B and is unable to provide the evidence listed above because he manages his own investments, or because he has a portfolio manager who does not operate in the UK and is therefore not regulated by the Financial Conduct Authority (FCA) (and the Prudential Regulation Authority (PRA) where applicable), the applicant must provide the following specified documents showing his holdings used to claim points, as relevant to the type of investment:
      1. (i) Certified copies of bond documents showing the value of the bonds, the date of purchase and the owner;
      2. (ii) Share documents showing the value of the shares, the date of purchase and the owner;
      3. (iii) The latest audited annual accounts of the organisation in which the investment has been made, which have been prepared and signed off in accordance with statutory requirements, and clearly show:
        1. (1) the amount of money held in the investments,
        2. (2) the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner), and
        3. (3) the date of investment.
      4. (iv) If the organisation in (iii) is not required to produce accounts, the applicant must provide a certificate showing the amount of money held in the investments, from an accountant, who has a valid licence to practise or practising certificate and who is a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, or the Association of Accounting Technicians (AAT), or the Association of International Accountants or the Association of Accounting Technicians (AAT).
    3. (c) Where the applicant is applying under Table 8B or Table 9B and has invested at least 75% of the specified investment amount but less than 100%, he must provide one or more of the following specified documents as evidence of the balance of the funds required to bring his total investment in the UK up to the specified investment amount:
      1. (i) Documents confirming the purchase of assets in the UK, showing the assets purchased, the value of these assets and the dates of purchase. When using property, only the unmortgaged portion of the applicant’s own home can be considered. The property must be owned by the applicant (or applicant and/or the husband, wife, civil partner, or unmarried or same-sex partner of the applicant) and the valuation must be provided on a report issued by a surveyor (who is a member of the Royal Institution of Chartered Surveyors) in the six months prior to the date of application;
      2. (ii) If the applicant maintained money on deposit in the UK, a statement or statements of account on the official stationery of the institution that holds the funds. These statements must be in the name of the applicant (or applicant and/or the husband, wife, civil partner, or unmarried or same-sex partner of the applicant) and confirm the dates and amount of money held. The applicant must ensure that the institution will confirm the content of the statement to the Home Office on request;
      3. (iii) An original letter from the financial institution that holds the cash on deposit, on the institution’s official headed paper, issued by an authorised official of that institution, which confirms the dates and amount of money held and that the institution will confirm the content of the letter to the Home Office on request.
      4. (d) If the applicant wishes the start of the 3 month timescale specified in Table 8A, Table 8B, Table 9A or Table 9B to be taken as the date he entered the UK, he must provide evidence which proves this date, such as a stamp in the applicant’s passport, or an aircraft boarding card.
      5. (e) Evidence of the investment having been maintained, from the date that the funds were invested for the full period of remaining leave, will be determined using the portfolio reports provided in (a).

Attributes for Tier 1 (Graduate Entrepreneur) Migrants

  1. 66. An applicant applying for leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant must score 75 points for attributes.
  2. 67. Available points are shown in Table 10.
  3. 68. Notes to accompany the table appear below the table.

Table 10

Criterion Points
(a) The applicant has been endorsed by a UK Higher Education Institution which:
(i) is a sponsor with Tier 4 Sponsor status,
(ii) is an A-rated Sponsor under Tier 2 of the Points-Based System if a Tier 2 licence is held,
(iii) is an A-rated Sponsor under Tier 5 of the Points-Based System if a Tier 5 licence is held,
(iv) has degree-awarding powers, and (v) has established processes and competence for identifying, nurturing and developing entrepreneurs among its undergraduate and postgraduate population;
or
(b) The applicant has been endorsed by the Department for International Trade.
25
The applicant has been awarded a degree qualification (not a qualification of equivalent level which is not a degree) which meets or exceeds the recognised standard of a Bachelor’s degree in the UK. For overseas qualifications, the standard must be confirmed by UK NARIC. 25
The endorsement must confirm that the endorsing body has assessed the applicant and considers that:
(a) the applicant has a genuine and credible business idea, and
(b) the applicant will spend the majority of his working time on developing business ventures, and
(c) if the applicant is applying for leave to remain and his last grant of leave was as a Tier 1 (Graduate Entrepreneur), he has made satisfactory progress in developing his business since that leave was granted. The endorsement must also confirm the applicant’s intended business sector or business intention. Points will not be awarded if this business will be mainly engaged in property development or property management. “Property development or property management” in this context means any development of property owned by the applicant or his business to increase the value of the property with a view to earning a return either through rent or a future sale or both, or management of property (whether or not it is owned by the applicant or his business) for the purposes of renting it out or resale. The principle is that business income must be generated from the supply of goods and/or services and not derived from the increased value of property or any income generated through property, such as rent.
25

Notes Tier 1 (Graduate Entrepreneur) Limit

  1. 69. (a) The Secretary of State shall be entitled to limit the total number of Tier 1 (Graduate Entrepreneur) endorsements qualifying endorsing bodies may make in support of successful applications in a particular period, to be referred to as the Tier 1 (Graduate Entrepreneur) Limit.
  2. (b) The Tier 1 (Graduate Entrepreneur) Limit is 2,000 places per year (beginning on 6 April and ending on 5 April), which will be allocated as follows:
    1. (i) 1, 900 places will be allocated to qualifying Higher Education Institutions as set out in (c) below; and
    2. (ii) 100 places will be allocated to the Department for International Trade.
  3. (c) Places for qualifying Higher Education Institutions will be allocated as follows:
    1. (i) The Home Office will, on an annual basis, invite all UK Higher Education Institutions which meet the requirements in (a)(i) to (iv) in the first row of Table 10 to take part as endorsing institutions, with responses required by 5 April for the year beginning the next day.
    2. (ii) The endorsements will be allocated between all invited Higher Education Institutions who confirm that:
      1. (1) They wish to take part, and
      2. (2) They meet the requirement in (a)(v) in the first row of Table 10 above.
    3. (iii) Each qualifying body in (ii) will be allocated the smallest of:
      1. (1) The number of each type of endorsements it has requested,
      2. (2) Its equal share of the number of endorsements available (If the result is not an integer it will be rounded down to the next lowest integer), or
      3. (3) 20 endorsements.
    4. (iv) If the result of (i) to (iii) is that there are fewer than 1,850 endorsements allocated to qualifying Higher Education Institutions for the year, the Home Office will invite all UK Higher Education Institutions which meet the requirements in (a)(i) to (iv) in the first row of Table 10 to request the remaining endorsements for the year ending 5 April, with responses required by 30 September.
    5. (v) The remaining endorsements will be allocated between all invited Higher Education Institutions who meet the criteria in (ii), regardless of whether they were previously allocated endorsements for the year.
    6. (vi) If all requests can be met without exceeding the number of remaining places available, each Higher Education Institution in (v) will be allocated the number of endorsements it has requested.
    7. (vii) If all requests cannot be met without exceeding the number of remaining places available, each Higher Education Institution in (v) will be allocated the smaller of:
      1. (1) The number of endorsements it has requested, or
      2. (2) Its equal share of the remaining number of endorsements available (If the result is not an integer it will be rounded down to the next lowest integer).
    8. (viii) If the result of (iv) to (vii) is that there are still remaining places in the Tier 1 (Graduate Entrepreneur) Limit for the year, those places will not be allocated. (d) If:
    9. (i) an applicant does not make a valid application within 3 months of the date of his endorsement, or
    10. (ii) an application is refused, and that refusal is not subsequently overturned,the endorsement used in that application will be cancelled and the relevant endorsing body’s unused allocation of endorsements will be increased by one, providing the end of the period (6 April to 5 April) to which it relates has not yet passed. (e) The Tier 1 (Graduate Entrepreneur) limit will not apply to applications for leave to remain where the applicant has, or last had, leave to remain as a Tier 1 (Graduate Entrepreneur). (f) Endorsements which have not been used by endorsing bodies cannot be carried over from one year (beginning on 6 April and ending on 5 April) to the next.

Endorsement

  1. 70. Points will only be awarded for an endorsement if:
    1. (a) the endorsement was issued to the applicant no more than 3 months before the date of application,
    2. (b) the endorsement has not been withdrawn by the relevant endorsing body at the time the application is considered by the entry clearance officer or the Secretary of State, and
    3. (c) the applicant provides an original endorsement from the relevant endorsing body, which shows:
      1. (i)the endorsement reference number,
      2. (ii)the date of issue (including a statement on how long the letter is valid for),
      3. (iii)the applicant’s name,
      4. (iv)the applicant’s date of birth,
      5. (v)the applicant’s nationality,
      6. (vi)the applicant’s current passport number,
      7. (vii)details of any dependants of the applicant who are already in the UK or who the applicant intends to bring to the UK,
      8. (viii) the name of the endorsing body,
      9. (ix) the name and contact details (telephone number, email and workplace address) of (1) the authorising official of the endorsing body, and (2) an administrative contact (e.g. secretary) at the endorsing body,
      10. (x) the name, level and date of award of the applicant’s qualification, this was shown in a previous successful Tier 1 (Graduate Entrepreneur) application,
      11. (xi) the applicant’s intended business sector or business intention,
      12. (xii) what has led the endorsing body to endorse the application,
      13. (xiii) that the applicant has a genuine and credible business idea,
      14. (xiv) that the applicant will spend the majority of his working time on developing business ventures; and
      15. (xv) if the applicant is applying for leave to remain and was last granted leave as a Tier 1 (Graduate Entrepreneur) Migrant, confirmation that the endorsing body is satisfied that he has made satisfactory progress.

Qualifications

  1. 71. Points will be awarded for a degree qualification if the endorsement:
    1. (a) is by the UK Higher Education Institution which awarded the qualification; and
    2. (b) contains the specified details of the qualification, as set out in paragraph 70(c).
  2. 72. (a) In cases other than those in paragraph 71, points will only be awarded for a degree qualification if the applicant provides the following specified documents:
    1. (i) The original certificate of award of the qualification, which clearly shows the:
      1. (1) applicant’s name,
      2. (2) title of the award,
      3. (3) date of the award, and
      4. (4) name of the awarding institution, or
    2. (ii) if:
      1. (1) the applicant is awaiting graduation having successfully completed his degree, or
      2. (2) the applicant no longer has the certificate and the institution who issued the certificate is unable to produce a replacement, an original academic reference from the institution that is awarding, or has awarded, the degree together with an original academic transcript, unless (d) applies.
    3. (b) The academic reference referred to in (a)(ii) must be on the official headed paper of the institution and clearly show the:
      1. (1) applicant’s name,
      2. (2) title of award,
      3. (3) date of award, confirming that it has been or will be awarded, and
      4. (4) either the date that the certificate will be issued (if the applicant has not yet graduated) or confirmation that the institution is unable to re-issue the original certificate or award.
    4. (c) The academic transcript referred to in (a)(ii) must be on the institution’s official paper and must show the:
      1. (1) applicant’s name,
      2. (2) name of the academic institution,
      3. (3) course title, and
      4. (4) confirmation of the award.
    5. (d) If the applicant cannot provide his original certificate for one of the reasons given in (a)(ii) and is claiming points for a qualification with a significant research bias, such as a doctorate, an academic transcript is not required, providing the applicant provides an academic reference which includes all the information detailed in (b) above.
    6. (e) Where the degree is a qualification awarded by an educational establishment outside the UK, the applicant must in addition to the document or documents in (a), provide an original letter or certificate from UK NARIC confirming the equivalency of the level of his qualification to the relevant qualification in the UK.

Attributes for Tier 2 (Intra-Company Transfer) Migrants

  1. 73. An applicant applying for entry or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant must score 50 points for attributes.
  2. 73A. Available points for entry clearance or leave to remain are shown in Table 11.
  3. 73B. Notes to accompany Table 11 appear below the table.

Table 11

Criterion Points
Certificate of Sponsorship 30
Appropriate salary 20

Notes

Certificate of Sponsorship

  1. 74. In order to obtain points for a Certificate of Sponsorship, the applicant must provide a valid Certificate of Sponsorship reference number.
  2. 74A. A Certificate of Sponsorship reference number will only be considered to be valid if:
    1. (a) the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is Sponsoring him as a Tier 2 (Intra-Company Transfer) Migrant and specifies the sub-category of Tier 2 (Intra-Company Transfer) under which he is applying,
    2. (b) the Sponsor assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application for entry clearance or leave to remain is made,
    3. (c) the application for entry clearance or leave to remain is made no more than 3 months before the start of the employment as stated on the Certificate of Sponsorship,
    4. (d) The migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application declared voidor withdrawn),
    5. (e) that reference number must not have been withdrawn or cancelled by the Sponsor or by the Home Office since it was assigned, including where it has been cancelled by the Home Office due to having been used in a previous application, and
    6. (f) the Sponsor is an A-rated Sponsor, unless the application is for leave to remain and the applicant has, or was last granted, leave as a Tier 2 (Intra-Company) Migrant or a Qualifying Work Permit Holder.
  1. 74B. No points will be awarded for a Certificate of Sponsorship unless:
    1. (a) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on:
      1. (i) the list of occupations skilled to National Qualifications Framework level 6 or above, as stated in the codes of practice in Appendix J, or
      2. (ii) one of the following creative sector occupations skilled to National Qualifications Framework level 4 or above:
        1. (1) 3411 Artists,
        2. (2) 3412 Authors, writers and translators,
        3. (3) 3413 Actors, entertainers and presenters,
        4. (4) 3414 Dancers and choreographers, or
        5. (5) 3422 Product, clothing and related designers, or
    2. (b) (i) the applicant is applying for leave to remain,
    3. (ii) the applicant previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place between 6 April 2011 and 13 June 2012, and has not since been granted leave to remain in any other route, or entry clearance or leave to enter in any route, and
    4. (iii) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the codes of practice in Appendix J.
  1. (c)
    1. (i) the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category,
    2. (ii) the applicant previously had leave as:
      1. (1) a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011, or
      2. (2) a Qualifying Work Permit Holder,
    3. and has not since been granted leave to remain in any other route, or entry clearance or leave to enter in any route, and
    4. (iii) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the list of occupations skilled to National Qualifications Framework level 3 or above, as stated in the codes of practice in Appendix J, or the applicant is a Senior Care Worker or an Established Entertainer as defined in paragraph 6 of these Rules, or
  2. (d) (i) the applicant was last granted entry clearance or leave as a Tier 2 (Intra-Company Transfer) Migrant,
    1. (ii) the applicant is applying for leave to remain to work in the same occupation for the same Sponsor as in the application which led to his previous grant of leave,
    2. (iii) the Certificate of Sponsorship used in support of the applicant’s previous application was assigned by the Sponsor before 6 April 2013, and
    3. (iv) the occupation fails to meet the required skill level in (a) to (c) above solely due to reclassification from the SOC 2000 system to the SOC 2010 system.
  1. 74C. (a) if the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in either the Short Term Staff or Long Term Staff sub-categories, no points will be awarded for a Certificate of Sponsorship unless:
    1. (i) the Certificate of Sponsorship Checking Service entry confirms that the applicant has been working for at least 12 months as specified in paragraphs (b) and (c) below, and
    2. (ii) the applicant provides, if requested to do so, the specified documents as set out in paragraph 74C-SD(a) below, unless he was last granted leave to work for the same Sponsor in the same sub-category as he is currently applying under. The application may be granted without these specified documents, but the Home Office reserves the right to request the specified documents, and to refuse applications if these documents are not received at the address specified in the request within 7 working days of the date of the request.
  2. (b) Throughout the 12 months referred to in paragraph (a)(i) above, the applicant must have been working outside the UK for a business established outside the territory of the UK which is linked by common ownership or control to the Sponsor.
  3. (c) The period of 12 months referred to in paragraph (a)(i) above is:
    1. (i) a continuous period of 12 months immediately prior to the date of application, or
    2. (ii) an aggregated period of at least 12 months within the 24 month period immediately before the date of application, if at some point within the 12 months preceding the date of application, the applicant has been:
      1. (1) on maternity, paternity, shared parental or adoption leave, or
      2. (2) on long-term sick leave lasting one month or longer,
    3. and if requested to provide the specified documents set out in paragraph 74C-SD(a) below, also provides, at the same time, the specified documents as set out in paragraph 74C-SD(c) below, or
    4. (iii) an aggregated period of at least 12 months overseas within any timeframe, providing the applicant has been working continuously and lawfully (either overseas or in the UK) for the Sponsor or the linked overseas business since the start of that aggregated 12-month period.
  1. 74C-SD(a) The specified documents in paragraph 74C(a) are:
    1. (i) Original formal payslips issued by the employer and showing the employer’s name covering:
      1. (1) the full specified period, and
      2. (2) the period covered by the applicant’s most recent payslip (if this is not included in the above), which must be dated no earlier than 31 days before the date of the application;
    2. (ii) Other payslips covering the time periods in (i)(1) and (2) above, accompanied by a letter from the Sponsor, on company headed paper and signed by a senior official, confirming the authenticity of the payslips;
    3. (iii) Personal bank or building society statements covering the time periods in (i)(1) and (2) above, which clearly show:
      1. (1) the applicant’s name,
      2. (2) the account number,
      3. (3) the date of the statement (The most recent statement must be dated no earlier than 31 days before the date of the application),
      4. (4) the financial institution’s name and logo, and
      5. (5) transactions by the Sponsor; or
    4. (iv) A building society pass book covering the time periods in (i)(1) and (2) above, which clearly shows:
      1. (1) the applicant’s name,
      2. (2) the account number,
      3. (3) the financial institution’s name and logo, and
      4. (4) transactions by the Sponsor.
    5. (b) If the applicant provides the bank or building society statements in (a)(iii):
      1. (i) The statements must:
        1. (1) be printed on paper bearing the bank or building society’s letterhead,
        2. (2) bear the official stamp of the bank on every page, or
        3. (3) be accompanied by a supporting letter from the issuing bank or building society, on company headed paper, confirming the authenticity of the statements provided;
      2. (ii) The statements must not be mini-statements obtained from an Automated Teller Machine.
    6. (c) The specified documents as evidence of periods of maternity, paternity, shared parental or adoption leave, as required in paragraph 74C(b), are:
      1. (i) The original full birth certificate or original full certificate of adoption (as appropriate) containing the names of the parents or adoptive parents of the child for whom the leave was taken, if this is available; and
      2. (ii) At least one (or both, if the document in (i) is unavailable) of the following, if they are available:
        1. (1) An original letter from the applicant and his sponsor, on company headed paper, confirming the start and end dates of the applicant’s leave,
        2. (2) One of the types of documents set out in (a) above, covering the entire period of leave, and showing the maternity, paternity, shared parental or adoption payments. and
    7. (iii) If the applicant cannot provide two of the types of specified document in (i) and (ii), at least one of the types of specified documents in either (i) or (ii), a full explanation of why the other documents cannot be provided, and at least one of the following specified documents, from an official source and which is independently verifiable:
      1. (1) official adoption papers issued by the relevant authority,
      2. (2) any relevant medical documents, or
      3. (3) a relevant extract from a register of birth which is accompanied by an original letter from the issuing authority.
    8. (d) The specified documents as evidence of periods of long term sick leave, as required in paragraph 74C(b), are:
      1. (i) An original letter from the applicant’s Sponsor, on company headed paper, confirming the start and end dates of the applicant’s leave, if this is available;
      2. (ii) One of the types of documents set out in (a) above, covering the entire period of leave, and showing the statutory sick pay and/or sick pay from health insurance, if these documents are available; and
      3. (iii) If the applicant cannot provide the specified documents in both (i) and (ii), the specified documents in either (i) or (ii), a full explanation of why the other documents cannot be provided, and any relevant medical documents, from an official source and which are independently verifiable.
  1. 74D. if the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, no points will be awarded for a Certificate of Sponsorship unless:
    1. (a) the job that the Certificate of Sponsorship Checking Service entry records that the person is being Sponsored to do is part of a structured graduate training programme, with clearly defined progression towards a managerial or specialist role within the organisation,
    2. (b) the Sponsor has assigned Certificates of Sponsorship to 20 applicants or fewer, including the applicant in question, under the Graduate Trainee sub-category in the current year, beginning 6 April and ending 5 April each year, and
    3. (c) the Certificate of Sponsorship Checking Service entry confirms that the applicant has been working for the Sponsor outside the UK for a continuous period of 3 months immediately prior to the date of application and, if requested to do so, the applicant provides the specified documents in paragraph 74C-SD(a) above to prove this. The application may be granted without these specified documents, but the UK Border Agency reserves the right to request the specified documents, and to refuse applications if these documents are not received at the address specified in the request within 7 working days of the date of the request.
  1. 74E. DELETED.
  2. 74F. An applicant cannot score points for a Certificate of Sponsorship from Table 11 if the job that the Certificate of Sponsorship Checking Service entry records that he is being Sponsored to do is as a sports person or a Minister of Religion.
  1. 74G. No points will be awarded for a Certificate of Sponsorship if the job that the Certificate of Sponsorship Checking Service entry records that the applicant is being sponsored to do amounts to:
    1. (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent, or
    2. (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
  2. 74H. No points will be awarded for a Certificate of Sponsorship if the Entry Clearance Officer or the Secretary of State has reasonable grounds to believe, notwithstanding that the applicant has provided the evidence required under the relevant provisions of Appendix A, that:
    1. (a) the job as recorded by the Certificate of Sponsorship Checking Service is not a genuine vacancy, if the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in either of the Short Term Staff or Long Term Staff subcategories, or
    2. (b) the applicant is not appropriately qualified to do the job in question.
  3. 74I. To support the assessment in paragraph 74H, the Entry Clearance Officer or the Secretary of State may request additional information and evidence from the applicant or the Sponsor, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Entry Clearance Officer or the Secretary of State at the address specified in the request within 10 business days of the date the request is sent.

Appropriate salary

  1. 75. The points awarded for appropriate salary will be based on the applicant’s gross annual salary to be paid by the Sponsor, subject to the following conditions:
    1. (i) Points will be awarded based on basic pay (excluding overtime);
    2. (ii) Allowances will be included in the salary for the awarding of points where they are part of the guaranteed salary package and:
      1. (1) would be paid to a local settled worker in similar circumstances, or
      2. (2) are paid to cover the additional cost of living in the UK;
    3. (iii) Where allowances are made available solely for the purpose of accommodation, they will only be included up to a value of:
      1. (1) 40% of the total salary package for which points are being awarded, if the applicant is applying in either the Short Term Staff or Graduate Trainee sub-categories, or
      2. (2) 30% of the total salary package for which points are being awarded, if the applicant is applying in the Long Term Staff sub-category;
    4. (iv) Other allowances and benefits, such as bonus or incentive pay, employer pension contributions, and allowances to cover business expenses, including (but not limited to) travel to and from the sending country, will not be included;
    5. (v) If the applicant has exchanged some of his UK employment rights for shares as an employee-owner, the value of those shares will not be included.
  1. 75A. No points will be awarded if the salary referred to in paragraph 75 above is less than the minimum amount shown in Table 11AA.

Table 11AA

Circumstance Minimum salary  
The applicant is applying in the Long Term Staff sub-category (and the exception below does not apply). £41,500 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher.  
The applicant is applying for leave to remain in the Long Term Staff sub-category and:
(i) previously had leave as a Qualifying Work Permit Holder or a Tier 2 (Intra-Company Transfer) Migrant under the rules in place before 6 April 2011; and
(ii) has not been granted entry clearance in this or any other route since the grant of leave in (i).
The appropriate rate for the job as stated in Appendix J.  
The applicant is applying in the Short Term Staff sub-category (and the exception below does not apply). £30,000 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher.  
The applicant is applying for leave to remain in the Short Term Staff sub-category and:
(i) previously had leave in the Short Term Staff sub-category granted on the basis of a Certificate of Sponsorship which was assigned to the applicant before 24 November 2016; and
(ii) has not been granted entry clearance in this or any other route since the grant of leave in (i).
£24,800 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher.  
The applicant is applying in the Graduate Trainee sub-category. £23,000 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher.  
  1. 75B. DELETED.
  2. 75C. DELETED.
  3. 75D. Where the applicant is paid hourly, the appropriate salary consideration will be based on earnings up to a maximum of 48 hours a week, even if the applicant works for longer than this. For example, an applicant who works 60 hours a week for £8 per hour be considered to have a salary of £19,968 (8x48x52) and not £25,960 (8x60x52), and will therefore not be awarded points for appropriate salary.
  4. 75E. No points will be awarded for appropriate salary if the applicant does not provide a valid Certificate of Sponsorship reference number with his application.

Attributes for Tier 2 (General) Migrants

  1. 76. An applicant applying for entry or leave to remain as a Tier 2 (General) Migrant must score 50 points for attributes.
  2. 76A. Available points for entry clearance or leave to remain are shown in Table 11A.
  3. 76B. Notes to accompany Table 11A appear below the table.

Table 11A

Certificate of Sponsorship Points Appropriate salary Points
Job offer passes Resident Labour Market Test 30 Appropriate salary 20
Resident Labour Market Test exemption applies 30    
Continuing to work in the same occupation for the same Sponsor 30    

Notes

Certificate of Sponsorship

  1. 77. Points may only be scored for one entry in the Certificate of Sponsorship column.
  2. 77A. In order to obtain points for a Certificate of Sponsorship, the applicant must provide a valid Certificate of Sponsorship reference number.
  3. 77B. The only Certificates of Sponsorship to be allocated to Sponsors for applicants to be Sponsored as Tier 2 (General) Migrants are:
    1. (a) Certificates of Sponsorship to be assigned to applicants as a Tier 2 (General) Migrant, as allocated to Sponsors under the Tier 2 (General) limit, which is set out in paragraphs 80 to 84A below.
    2. (b) Certificates of Sponsorship to be assigned to specified applicants for leave to remain as a Tier 2 (General) Migrant, as set out in paragraph 77D of Appendix A,
    3. (c) Certificates of Sponsorship to be assigned to an applicant to do a job for which the gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 79 of this Appendix) is£155,300 (or £153,500, if the recruitment took place before 6 April 2015) or higher,and
  1. 77C. A Certificate of Sponsorship reference number will only be considered to be valid if:
    1. (a) the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the migrant and confirms that the Sponsor is Sponsoring him as a Tier 2 (General) Migrant,
    2. (b) the Sponsor assigned that reference number to the migrant no more than 3 months after the Sponsor was allocated the Certificate of Sponsorship, if the Certificate of Sponsorship was allocated to the Sponsor under the Tier 2 (General) limit,
    3. (c) the Sponsor assigned that reference number to the migrant no more than 3 months before the application for entry clearance or leave to remain is made,
    4. (d) the application for entry clearance or leave to remain is made no more than 3 months before the start of the employment as stated on the Certificate of Sponsorship,
    5. (e) The migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application, declared void or withdrawn),
    6. (f) that reference number must not have been withdrawn or cancelled by the Sponsor or by the Home Office since it was assigned, including where it has been cancelled by the Home Office due to having been used in a previous application, and
    7. (g) the Sponsor is an A-rated Sponsor, unless:
      1. (1) the application is for leave to remain, and
      2. (2) the applicant has, or was last granted, leave as a Tier 2 (General) Migrant, a Jewish Agency Employee, a Member of the Operational Ground Staff of an Overseas-owned Airline, a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, or a Qualifying Work Permit Holder, and
      3. (3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship or Work Permit document which led to his last grant of leave or, in the case of an applicant whose last grant of leave was as a Jewish Agency Employee, a Member of the Operational Ground Staff of an Overseas-owned Airline, a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, the same employer for whom the applicant was working or stated he was intending to work when last granted leave.
  1. 77D. No points will be awarded for a Certificate of Sponsorship unless:
    1. (a) in the case of a Certificate of Sponsorship which was allocated to the Sponsor under the Tier 2 (General) limit, the number supplied links to a Certificate of Sponsorship Checking Service entry which contains the same job and at least the same salary details as stated in the Sponsor’s application for that Certificate of Sponsorship,
    2. (b) in the case of a Certificate of Sponsorship which was not allocated to the Sponsor under the Tier 2 (General) limit:
      1. (i) the applicant:
        1. (1) is applying for leave to remain, and
        2. (2) does not have, or was not last granted entry clearance, leave to enter or leave to remain as the partner of a Relevant Points Based System Migrant, or
      2. (ii) the number supplied links to a Certificate of Sponsorship Checking Service entry which shows that the applicant’s gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 79 of this appendix) to be paid by the Sponsor is £155,300(or £153,500 if the recruitment took place before 6 April 2015) or higher.
  1. 77E. No points will be awarded for a Certificate of Sponsorship unless:
    1. (a) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on:
      1. (i) the list of occupations skilled to National Qualifications Framework level 6 or above, as stated in the codes of practice in Appendix J, or
      2. (ii) one of the following creative sector occupations skilled to National Qualifications Framework level 4 or above:
        1. (1) 3411 Artists,
        2. (2) 3412 Authors, writers and translators,
        3. (3) 3413 Actors, entertainers and presenters,
        4. (4) 3414 Dancers and choreographers, or
        5. (5) 3422 Product, clothing and related designers, or
    2. (b) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do is skilled to National Qualifications Framework level 4 or above, and appears on the shortage occupation list in Appendix K, or
    3. (c) (i) the applicant is applying for leave to remain,
      1. (ii) the applicant previously had leave as a Tier 2 (General) Migrant or a Qualifying Work Permit Holder, and has not since been granted leave to remain in any other route, or entry clearance or leave to enter in any route,
      2. (iii) at the time a Certificate of Sponsorship or Work Permit which led to a grant of leave in (ii) was issued, the job referred to in that Certificate of Sponsorship or Work Permit appeared on the shortage occupation list in Appendix K, and
      3. (iv) the job that the Certificate of Sponsorship Checking service entry records that the person is being sponsored to do in his current application is the same as the job referred to in (iii), for either the same or a different employer, or
    4. (d) (i) the applicant is applying for leave to remain,
      1. (ii) the applicant previously had leave as a Tier 2 (General) Migrant under the Rules in place between 6 April 2011 and 13 June 2012, and has not since been granted leave to remain in any other route, or entry clearance or leave to enter in any route, and
      2. (iii) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the list of occupations skilled to National Qualifications Framework level 4 or above, as stated in the codes of practice in Appendix J, or
    5. (e) (i) the applicant is applying for leave to remain,
      1. (ii) the applicant previously had leave as:
        1. (1) a Tier 2 (General) Migrant under the rules in place before 6 April 2011,
        2. (2) a Qualifying Work Permit Holder,
        3. (3) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
        4. (4) a Member of the Operational Ground Staff of an Overseas-owned Airline
        5. (5) a Jewish Agency Employee,
        6. and has not since been granted leave to remain in any other route, or entry clearance or leave to enter in any route, and
      2. (iii) the job that the Certificate of Sponsorship Checking Service entry records that the person is being sponsored to do appears on the list of occupations skilled to National Qualifications Framework level 3 or above, as stated in the codes of practice in Appendix J, or the applicant is a Senior Care Worker or an Established Entertainer as defined in paragraph 6 of these Rules.
    6. (f) (i) the applicant was last granted as a Tier 2 (General) Migrant,
      1. (ii) the applicant is applying for leave to remain to work in the same occupation for the same Sponsor as in the application which led to his previous grant of leave,
      2. (iii) the Certificate of Sponsorship used in support of the applicant’s previous application was assigned by the Sponsor before 6 April 2013, and
      3. (iv) the occupation fails to meet the required skill level in (a) to (e) above solely due to reclassification from the SOC 2000 system to the SOC 2010 system.
  1. 77F. An applicant cannot score points for a Certificate of Sponsorship from Table 11A if the job that the Certificate of Sponsorship Checking Service entry records that he is being sponsored to do is as a sports person or a Minister of Religion.
  2. 77G. No points will be awarded for a Certificate of Sponsorship if the job that the Certificate of Sponsorship Checking Service entry records that the applicant is being sponsored to do amounts to:
    1. (a) the hire of the applicant to a third party who is not the sponsor to fill a position with that party, whether temporary or permanent, or
    2. (b) contract work to undertake an ongoing routine role or to provide an ongoing routine service for a third party who is not the sponsor, regardless of the nature or length of any arrangement between the sponsor and the third party.
  3. 77H. No points will be awarded for a Certificate of Sponsorship if the Entry Clearance Officer or the Secretary of State has reasonable grounds to believe, notwithstanding that the applicant has provided the evidence required under the relevant provisions of Appendix A, that:
    1. (a) the job as recorded by the Certificate of Sponsorship Checking Service is not a genuine vacancy,
    2. (b) the applicant is not appropriately qualified or registered to do the job in question (or will not be, by the time they begin the job), or
    3. (c) the stated requirements of the job as recorded by the Certificate of Sponsorship Checking Service and in any advertisements for the job are inappropriate for the job on offer and / or have been tailored to exclude resident workers from being recruited.
  4. 77I. To support the assessment in paragraph 77H(b), if the applicant is not yet appropriately qualified or registered to do the job in question, he must provide evidence with his application showing that he can reasonably be expected to obtain the appropriate qualifications or registrations by the time he begins the job, for example, a letter from the relevant body providing written confirmation that the applicant has registered to sit the relevant examinations.
  5. 77J. To support the assessment in paragraph 77H(a)-(c), the Entry Clearance Officer or the Secretary of State may request additional information and evidence from the applicant or the Sponsor, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Entry Clearance Officer or the Secretary of State at the address specified in the request within 10 business days of the date the request is sent.
  1. 77K. No points will be awarded for a Certificate of Sponsorship if the Certificate of Sponsorship Checking Service entry records that the applicant is being sponsored in the occupation code “2231 Nurses” or “2231 Midwives” unless:
    1. (a) the applicant has:
      1. (i) obtained full registration with the Nursing and Midwifery Council; or
      2. (ii) passed the Nursing and Midwifery Council’s Computer Based Test of competence, or
      3. (iii) obtained a Nursing and Midwifery Council permission before 30 April 2015 to undertake the Overseas Nursing Programme, and be sponsored to undertake supervised practice as part of the programme in a placement which has been approved by the Nursing and Midwifery Council,
    2. and the applicant provides evidence from the Nursing and Midwifery Council of the above; and
    3. (b) where (a)(ii) or (a)(iii) applies, the sponsor confirms that once the applicant achieves Nursing and Midwifery Council registration, it will continue to sponsor the applicant as a nurse or midwife, and will pay the applicant at least the appropriate rate for a Band 5 and equivalent nurse or midwife, as stated in Appendix J; and
    4. (c) where (a)(ii) applies, the sponsor also confirms that:
      1. (i) the applicant will sit an Observed Structured Clinical Examination (OSCE) to obtain Nursing and Midwifery Council registration no later than 3 months after the stated employment start date; and
      2. (ii) the applicant will cease to be sponsored if full Nursing and Midwifery Council registration is not achieved within 8 months of the stated employment start date (or, if the applicant is applying for leave to remain and was last granted leave as a Tier 2 Migrant to work as a nurse or midwife, within 8 months of the start date of that previous employment).

Job offer passes Resident Labour Market Test

  1. 78. Points will only be awarded for a job offer that passes the Resident Labour Market Test if:
    1. (a) the Sponsor has advertised (or had advertised on its behalf) the job as set out in Tables 11B and 11C below; and
    2. (b) The advertisements have stated:
      1. (i) the job title,
      2. (ii) the main duties and responsibilities of the job (job description),
      3. (iii) the location of the job,
      4. (iv) an indication of the salary package or salary range or terms on offer,
      5. (v) the skills, qualifications and experience required for the job, and
      6. (vi) the closing date for applications, unless it is part of the Sponsor’s rolling recruitment programme, in which case the advertisement should show the period of the recruitment programme; and
    3. (c) The advertisements were published in English (or Welsh if the job is based in Wales); and
    4. (d) The Sponsor can show that no suitable settled worker is available to fill the job unless the job is in a PhD-level occupation listed in Appendix J. Settled workers will not be considered unsuitable on the basis that they lack qualifications, experience or skills (including language skills) that were not specifically requested in the job advertisement; and
    5. (e) The Certificate of Sponsorship Checking Service entry contains full details of when and where the job was advertised, and any advertisement reference numbers, including the Universal Jobmatch (or other Jobcentre Plus online service) or JobCentre Online vacancy reference number where relevant.

Table 11B: Advertising methods and duration which satisfy the Resident Labour Market Test

Type of job Methods of advertising / recruitment Duration / timing of advertising
New graduate jobs or internships · University milkround visits to at least 3 UK universities (or all UK universities which provide the relevant course, whichever is the lower number), · At least one of the following websites: - www.jobs.ac.uk, - www.milkround.com, - www.prospects.ac.uk, or - www.targetjobs.co.uk and · At least one other medium listed in Table 11C At least 28 days within the 4 years immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant provided the applicant was offered the job within 6 months of the end of the recruitment exercise cited
Pupillages for trainee barristers · At least two media (or one medium if the job was advertised before 6 April 2013) listed in Table 11C At least 28 days within the 2 years immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant
Jobs in PhD-level occupations as listed in Appendix J · At least two media (or one medium if the job was advertised before 6 April 2013) listed in Table 11C At least 28 days within the 1 year immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant
Jobs where the appropriate salary, as determined by paragraphs 79 to 79D of Appendix A, is at least £72,500 per year (or £71,600 per year if the job was advertised before 6 April 2015) or there is a stock exchange disclosure requirement · At least two media (or one medium if the job was advertised before 6 April 2013) listed in Table 11C At least 28 days within the 6 months immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant
Creative sector jobs covered by Table 9 of Appendix J · As set out in Table 9 of Appendix J As set out in Table 9 of Appendix J
Orchestral musicians · Universal Jobmatch (or other Jobcentre Plus online service) for jobs based in England, Scotland or Wales, or JobCentre Online for jobs based in Northern Ireland, and · At least one other medium listed in Table 11C At least 28 days within the 2 years immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant
Positions in the NHS where the Resident Labour Market Test includes advertising on NHS Jobs between 19 November 2012 and 6 April 2015 · NHS Jobs At least 28 days within the 6 months immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant
All other jobs · Universal Jobmatch (or other Jobcentre Plus online service) for jobs based in England, Scotland or Wales, or JobCentre Online for jobs based in Northern Ireland, and · At least one other medium listed in Table 11C At least 28 days within the 6 months immediately before the Sponsor assigned the Certificate of Sponsorship to the applicant

Table 11C: Advertising media which satisfy the Resident Labour Market Test

Type of medium Criteria for suitable media
Newspaper Must be:
· marketed throughout the UK or throughout the whole of the devolved nation in which the job is located, and
· published at least once a week
Professional journal Must be:
· available nationally through retail outlets or through subscription,
· published at least once a month, and
· related to the nature of the job i.e. a relevant trade journal, official journal of a professional occupational body, or subject-specific publication
Website Must be one of the following:
· Universal Jobmatch (or other Jobcentre Plus online service), for jobs based in England, Scotland or Wales,
· JobCentre Online, for jobs based in Northern Ireland,
· an online version of a newspaper or professional journal which would satisfy the criteria above,
· the website of a prominent professional or recruitment organisation, which does not charge a fee to jobseekers to view job advertisements or to apply for jobs via those advertisements, or
· if the Sponsor is a multinational organisation or has over 250 permanent employees in the UK, the Sponsor’s own website

Resident Labour Market Test exemption applies

Shortage occupation

  1. 78A. In order for a Resident Labour Market Test exemption to apply for a job offer in a shortage occupation:
    1. (a) the job must, at the time the Certificate of Sponsorship was assigned to the applicant, have appeared on the shortage occupation list in Appendix K, and must not be in the occupation code “2231 Nurses”,
    2. (b) in all cases, contracted working hours must be for at least 30 hours a week, and
    3. (c) in all cases, if the Home Office list of shortage occupations indicates that the job appears on the ‘Scotland only’ shortage occupation list, the job offer must be for employment in which the applicant will be working at a location in Scotland.

Post-Study Work

  1. 78B. In order for a Resident Labour Market Test exemption to apply for post-study work:
    1. (a) the applicant must be applying for leave to remain,
    2. (b) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as:
      1. (1) a Tier 1 (Graduate Entrepreneur) Migrant,
      2. (2) a Tier 1 (Post-Study Work) Migrant,
      3. (3) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
      4. (4) a Participant in the Fresh Talent: Working in Scotland Scheme,
      5. (5) a Tier 4 Migrant,
      6. (6) a Student,
      7. (7) a Student Nurse,
      8. (8) a Student Re-Sitting an Examination,
      9. (9) a Person Writing Up a Thesis,
      10. (10) an Overseas Qualified Nurse or Midwife,
      11. (11) a Postgraduate Doctor or Dentist, or
      12. (12) a Student Union Sabbatical Officer, and
    3. (c) Where (b)(5) to (12) apply, the applicant must meet the requirements of paragraph 245HD(d) of these Rules.

Other exemptions

  1. 78C. In order for another Resident Labour Market Test exemption to apply, either:
    1. (a) the Certificate of Sponsorship Checking Service entry must show that the applicant’s gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 79 of this appendix) to be paid by the Sponsor is £155,300 (or £153,500, if the recruitment took place before 6 April 2014) or higher; or
    2. (b) the job offer must be in a supernumerary research position where the applicant has been issued a non-transferable scientific research Award or Fellowship by an external organisation which is not the Sponsor, meaning that the role is over and above the Sponsor’s normal requirements and if the applicant was not there, the role would not be filled by anyone else; or
    3. (c) the job offer must be to continue working as a Doctor or Dentist in training, under the same NHS Training Number which was assigned to the applicant for previous lawful employment as a Doctor or Dentist in Training in the UK; or
    4. (d) the job offer must be as a Doctor in Speciality Training where the applicant’s salary and the costs of his training are being met by the government of another country under an agreement with that country and the United Kingdom Government; or
    5. (e) the job offer must be to resume a post in a Higher Education Institution, working for the same Sponsor as in a previous grant of entry clearance or leave to remain as a Tier 2 (General) Migrant, where the break in employment is due solely to a period of academic leave;and the Certificate of Sponsorship Checking Service entry must provide full details of why an exemption applies.

Continuing to work in the same occupation for the same Sponsor

  1. 78D. In order for the applicant to be awarded points for continuing to work in the same occupation for the same Sponsor:
    1. (a) the applicant must be applying for leave to remain,
    2. (b) the applicant must have, or have last been granted, entry clearance or leave to remain as:
      1. (i) a Tier 2 (General) Migrant,
      2. (ii) a Qualifying Work Permit Holder,
      3. (iii) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
      4. (iv) a Member of the Operational Ground Staff of an Overseas-owned Airline or
      5. (v) a Jewish Agency Employee,
    3. (b) the Sponsor must be the same employer:
      1. (i) as the Sponsor on the previous application that was granted, in the case of an applicant whose last grant of leave was as a Tier 2 (General) Migrant,
      2. (ii) that the work permit was issued to, in the case of an applicant whose last grant of leave was as a Qualifying Work Permit Holder,
      3. (iii) for whom the applicant was working or stated he was intending to work when last granted leave, in the case of an applicant whose last grant of leave was a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, a Member of the Operational Ground Staff of an Overseas-owned Airline, or a Jewish Agency Employee.
    4. (c) the job that the Certificate of Sponsorship Checking Service entry records the applicant as having been engaged to do must be the same occupation:
      1. (i) in respect of which the Certificate of Sponsorship that led to the previous grant was issued, in the case of an applicant whose last grant of leave was as a Tier 2 (General) Migrant,
      2. (ii) in respect of which the previous work permit was issued, in the case of an applicant whose last grant of leave was as a Qualifying Permit Holder, or
      3. (iii) that the applicant was doing, or intended to do, when he received his last grant of leave, in the case of an applicant whose last grant of leave was a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, a Member of the Operational Ground Staff of an Overseas-owned Airline, or a Jewish Agency Employee,Appropriate salary,
    5. and
    6. (d) the applicant must not be changing jobs within an occupation from a job which is on the Shortage Occupation List in Appendix K to a job which is not on that list.

Appropriate salary

  1. 79. The points awarded for appropriate salary will be based on the applicant’s gross annual salary to be paid by the Sponsor, subject to the following conditions:
    1. (i) Points will be awarded based on basic pay (excluding overtime);
    2. (ii) Allowances, such as London weighting, will be included in the salary for the awarding of points where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
    3. (iii) Other allowances and benefits, such as bonus or incentive pay,employer pension contributions, travel and subsistence (including travel to and from the applicant’s home country), will not be included.
    4. (iv) If the applicant has exchanged some of his UK employment rights for shares as an employee-owner, the value of those shares will not be included.
  1. 79A. No points will be awarded if the salary referred to in paragraph 79 above is less than the minimum amount shown in the Table 11CA below:

Table 11CA

Circumstance Minimum salary  
None of the exceptions below apply. £25,000 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher  
The applicant is considered to be a “new entrant” due to one of the following:
(i) he is exempt from the Resident Labour Market Test due to the post-study work provisions in paragraph 78B above,
(ii) his Sponsor satisfied the Resident Labour Market Test under the provisions for “new graduate jobs or internships” in the first row of Table 11B above, or
(iii) he was under the age of 26 on the date the application was made
and, in all cases, the applicant is not applying for a grant of leave that would extend his total stay in Tier 2 and/or as a Work Permit Holder beyond 3 years and 1 month.
£20,800 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher  
The job is one of the following public service occupations:
· 2217 Medical radiographers
· 2231 Nurses
· 2314 Secondary education teaching professionals – subject teachers in maths, physics, chemistry, computer science and Mandarin only
· 3213 Paramedics
and the Certificate of Sponsorship was assigned to the applicant before 1 July 2019.
£20,800 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher  
The applicant is applying for leave to remain and:
(i) previously had leave as a Tier 2 (General) migrant on the basis of a Certificate of Sponsorship which was assigned to the applicant before 24 November 2016; and
(ii) has not been granted entry clearance in this or any other route since the grant of leave in (i).
£20,800 per year or the appropriate rate for the job as stated in Appendix J, whichever is higher  
The applicant is applying for leave to remain and:
(i) previously had leave as:
(1) a Qualifying Work Permit Holder,
(2) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
(3) a Member of the operational Ground Staff of an Overseas-owned Airline,
(4) a Jewish Agency Employee, or
(5) a Tier 2 (General) Migrant under the Rules in place before 6 April 2011; and
(ii) has not been granted entry clearance in this or any other route since the grant of leave in (i).
The appropriate rate for the job as stated in Appendix J  
  1. 79B. DELETED
  2. 79C. Where the applicant is paid hourly, the appropriate salary consideration will be based on earnings up to a maximum of 48 hours a week, even if the applicant works for longer than this. for example, an applicant who works 60 hours a week for £8 per hour be considered to have a salary of £19,968 (8x48x52) and not £25,960 (8x60x52), and will therefore not be awarded points for appropriate salary.
  3. 79D. No points will be awarded for appropriate salary if the applicant does not provide a valid Certificate of Sponsorship reference number with his application.

Tier 2 (General) limit

Overview

  1. 80. The Secretary of State shall be entitled to limit the number of Certificates of Sponsorship available to be allocated to Sponsors in any specific period under the Tier 2 (General) limit referred to in paragraph 77B(a) above;
  2. 80A. The Tier 2 (General) limit is 20,700 Certificates of Sponsorship in each year (beginning on 6 April and ending on 5 April).
  3. 80B. The process by which Certificates of Sponsorship shall be allocated to Sponsors under the Tier 2 (General) limit is set out in paragraphs 80C to 84a and Tables 11D below.
  4. 80C. A Sponsor must apply to the Secretary of State for a Certificate of Sponsorship.
  5. 80D. Available points for an application for a Certificate of Sponsorship are shown in Table 11D. No application will be granted unless it scores a minimum of 20 points under the heading “Type of Job” and a minimum of 1 point under the heading “Salary on offer”.
  6. 80E. Notes to accompany Table 11D appear below the table.

Table 11D

Applications for Certificates of Sponsorship under the Tier 2 (General) limit

Type of job Points Salary on offer Points  
Shortage Occupation 130 £100,000 - £155,299.99 60  
PhD-level occupation code and job passes Resident Labour Market Test or an exemption applies 75 £75,000 - £99,999.99 55  
Job passes Resident Labour Market Test or an exemption applies 20 £70,000 - £74,999.99 50  
    £65,000 - £69,999.99 45  
    £60,000 - £64,999.99 40  
    £55,000 - £59,999.99 35  
    £50,000 - £54,999.99 30  
    £45,000 - £49,999.99 25  
    £44,000 - £44,999.99 24  
    £43,000 - £43,999.99 23  
    £42,000 - £42,999.99 22  
    £41,000 - £41,999.99 21  
    £40,000 - £40,999.99 20  
    £39,000 - £39,999.99 19  
    £38,000 - £38,999.99 18  
    £37,000 - £37,999.99 17  
    £36,000 - £36,999.99 16  
    £35,000 - £35,999.99 15  
    £34,000 - £34,999.99 14  
    £33,000 - £33,999.99 13  
    £32,000 - £32,999.99 12  
    £31,000 - £31,999.99 11  
    £30,000 - £30,999.99 10  
    £29,000 - £29,999.99 9  
    £28,000 - £28,999.99 8  
    £27,000 - £27,999.99 7  
    £26,000 - £26,999.99 6  
    £25,000 - £25,999.99 5  
    £24,000 - £24,999.99 4  
    £23,000 - £23,999.99 3  
    £22,000 - £22,999.99 2  
    £20,800 - £21,999.99 1  

Notes

  1. 81.Points may only be scored for one entry in each column.
  2. 81A. No points will be awarded under the heading “Type of Job” unless the job described in the Sponsor’s application for a Certificate of Sponsorship:
  3. (a) appears on:
    1. (i) the list of occupations skilled to National Qualifications Framework level 6 or above, as stated in the codes of practice in Appendix J, or
    2. (ii) one of the following creative sector occupations skilled to National Qualifications Framework level 4 or above:
      1. (1) 3411 Artists,
      2. (2) 3412 Authors, writers and translators,
      3. (3) 3413 Actors, entertainers and presenters,
      4. (4) 3414 Dancers and choreographers, or
      5. (5) 3422 Product, clothing and related designers, or
  4. (b) is skilled to National Qualifications Framework level 4 or above, and appears on the shortage occupation list in Appendix K.
  5. 81B. In order for the Sponsor’s application to be awarded points for a job in a shortage occupation, the job must, at the time the application for a Certificate of Sponsorship is decided, appear on the the shortage occupation list in Appendix K, and contracted working hours must be for at least 30 hours a week. Furthermore, if the shortage occupation list in Appendix K,indicates that the job appears on the ‘Scotland only’ shortage occupation list, the job must be for employment in Scotland.
  6. 81C. In order for the Sponsor’s application to be awarded points for a job in a PhD-level occupation code, the job must be in an occupation code which appears on the list of PhD-level occupation codes as stated in the codes of practice in Appendix J. The Sponsor’s application must also meet the requirements of paragraph 81D.
  7. 81D. In order for the Sponsor’s application to be awarded points for a job that passes the resident labour market test or an exemption applies, the Sponsor must certify that it has met the requirements of that test, as defined in guidance published by the UK Border Agency, in respect of the job, or that one of the exemptions set out in paragraphs 78B or 78Cof this Appendix applies.
  1. 81E. The points awarded under the heading “Salary on Offer” will be based on the gross annual salary on offer to be paid by the Sponsor, as stated in the Sponsor’s application, subject to the following conditions:
    1. (i) Points will be awarded based on basic pay (excluding overtime);
    2. (ii) Allowances, such as London weighting, will be included in the salary for the awarding of points where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
    3. (iii) Other allowances and benefits, such as bonus or incentive pay, travel and subsistence (including travel to and from the applicant’s home country), will not be included;
    4. (iv) If the applicant has exchanged some of his UK employment rights for shares as an employee-owner, the value of those shares will not be included.
  1. 81F. No points will be awarded for the salary on offer if the salary referred to in paragraph 81e above is less than the appropriate rate for the job as stated in the codes of practice in Appendix J.
  2. 81G. Where the salary on offer will be paid hourly, the salary on offer will be calculated on the basis of earnings up to a maximum of 48 hours a week, even if the jobholder works for longer than this.
  3. 81H. No points will be awarded for a Certificate of Sponsorship if the Secretary of State has reasonable grounds to believe that:
    1. (a) the job described in the application is not a genuine vacancy, or
    2. (b) the stated requirements of the job described in the application and in any advertisements for the job are inappropriate for the job on offer and / or have been tailored to exclude resident workers from being recruited.
  4. 81I. To support the assessment in paragraph 81H, the Secretary of State may request additional information and evidence from the Sponsor. This request will follow the procedure for verification checks as set out in paragraph 82C.

Monthly allocations

  1. 82. The Tier 2 (General) limit will be divided into monthly allocations.
  2. 82A. (i) There will be a monthly allocation specifying the number of Certificates of Sponsorship available to be allocated in respect of applications for Certificates of Sponsorship received during each previous month.
  3. (ii) The monthly application and allocation periods begin on the 6th date of each calendar month and end on the 5th date of the next calendar month.
  4. (iii) The provisional monthly allocations, subject to the processes set out in paragraphs 83 to 84a below, are shown in Table 11E.

Table 11E

Provisional monthly allocations under the Tier 2 (General) limit

Application period Provisional monthly allocation  
6 March – 5 April 2,200  
6 April – 5 May 2,000  
6 May – 5 June 2,000  
6 June – 5 July 2,000  
6 July – 5 August 2,000  
6 August – 5 September 2,000  
6 September – 5 October 1,500  
6 October – 5 November 1,500  
6 November – 5 December 1,500  
6 December – 5 January 1,500  
6 January – 5 February 1,500  
6 February – 5 March 1,000  
  1. 82B. Applications by Sponsors for Certificates of Sponsorship each month will be accepted for consideration against each monthly allocation in the following month.
  2. 82C.(i) An application that would fall to be considered as having been received in a particular month may be deferred for consideration as if it had been received in the following month if the Secretary of State considers that the information stated in the application requires verification checks, and may be refused if the information
    cannot be verified or is confirmed as false.
  3. (ii) If the verification checks are prolonged due to the failure of the Sponsor to co-operate with the verification process such that the application cannot be considered as if it had been received in the next month, the application will be refused.
  4. 82D. These provisional monthly allocations may be adjusted according to the processes set out in paragraphs 83 to 84A below.
  1. 83. In paragraphs 83A to 84A below:
    1. (a) “number of applications” means the number of applications by Sponsors for a Certificate of Sponsorship under the Tier 2 (General) limit in a single monthly application period.
    2. (b) “monthly allocation” means the provisional monthly allocation set out in paragraph 82A(iii), adjusted according to the processes set out in these paragraphs following the assigning of Certificates of Sponsorship under the Tier 2 (General) limit, or to Croatian nationals as set out in (c) below, in the previous monthly period.
    3. (c) (i) Subject to (ii) and (iii) below, each monthly allocation will be reduced by the number of Certificates of Sponsorship assigned by Tier 2 (General) Sponsors to Croatian nationals in the previous monthly allocation period. (ii) Paragraph (i) does not apply to the first monthly allocation under the Tier 2 (General) limit for 6 April to 5 April each year, to which the application period of 6 March to 5 April relates, or to Certificates of Sponsorship assigned by Tier 2 (General) Sponsors to Croatian nationals before 1 July 2013.
  1. 83A. Subject to paragraph 83e below, if the number of applications is equal to or less than the monthly allocation:
    1. (a) All applications by Sponsors which score 21 points or more from the points available in Table 11D above will be granted, and
    2. (b) If the number of applications granted under (a) above is less than the monthly allocation, the next monthly allocation will be increased by a number equivalent to the Certificates of Sponsorship remaining for allocation in the under subscribed current month.
  2. 83B. Subject to paragraph 83e below, if the number of applications is greater than the monthly allocation:
    1. (a) The minimum points level at which applications for Certificates of Sponsorship will be granted will be calculated as follows:
      1. (i) if the number of applications scoring 21 points or more is no more than 100 greater than the monthly allocation, all applications which score 21 points or more will be granted.
      2. (ii) if the number of applications scoring 21 points or more is more than 100 greater than the monthly allocation, X (being both the number of points scored in Table 11D above and the minimum number of points required for an application to be granted) will be increased by 1 point incrementally until the number of applications scoring X points is:
        1. (1) less than or equal to the monthly allocation; or
        2. (2) no more than 100 greater than the monthly allocation; whichever results in the higher value of X, at which stage all applications which score X points or more will be granted.
    2. (b) if the number of applications granted under (a) above is less than the monthly allocation, the number remaining under the monthly allocation will be added to the next monthly allocation.
    3. (c) if the number of applications granted under (a) above is more than the monthly allocation, the number by which the monthly allocation is exceeded will be subtracted from the next monthly allocation.
  1. 83C. If a Sponsor is allocated one or more Certificates of Sponsorship under the Tier 2 (General) limit which;
    1. (a) the Sponsor elects not to assign to a migrant and returns them to the Secretary of State, or
    2. (b) the Sponsor fails to assign to a migrant within 3 months of the date they were allocated to the Sponsor, the Secretary of State may subsequently add such Certificates of Sponsorship to the following monthly allocation.
  2. 83D. If:
    1. (i) a Sponsor is allocated one or more Certificates of Sponsorship under the Tier 2 (General) limit; and
    2. (ii) the application(s) by the Sponsor scored points from Table 11D for a job in a shortage occupation; and
    3. (iii) the Sponsor has not assigned the Certificate(s) of Sponsorship to a migrant(s); and
    4. (iv) the job(s) in question no longer appear on the list of shortage occupations published by the UK Border Agency,
  3. the Certificate(s) of Sponsorship in question will be cancelled and the Secretary of State will subsequently add such Certificates of Sponsorship to the following monthly allocation.
  1. 83E. With regard to the final monthly allocation under the Tier 2 (General) limit for 6 April to 5 April each year, to which the application period of 6 February to 5 March relates:
    1. (i) Paragraphs 83a(b), 83B(b) and 83B(c) do not apply to this monthly allocation, such that no adjustments will be made to the next monthly allocation, and
    2. (ii) References to ‘more than 100 greater than the monthly allocation’ in paragraphs 83B(a)(ii) to (iii) are amended to ‘greater than the monthly allocation’, such that the total Tier 2 (General) limit in the period 6 April to 5 April each year will not be exceeded.
  2. 84. The Secretary of State is entitled (but not required) to grant an application for a Certificate of Sponsorship under the Tier 2 (General) limit exceptionally outside of the processes set out in paragraphs 82a to 83B above if:
    1. (a) the application is considered by the Secretary of State to require urgent treatment when considered in line with the Tier 2 (Sponsor) guidance published on the visas and immigration pages of the gov.uk website , and
    2. (b) the application scores enough points from Table 11D above that it would have met the requirements to be granted under the previous monthly allocation.
  3. 84A. For each Certificate of Sponsorship application granted under the urgent treatment process set out in paragraph 84 above:
    1. (i) the current monthly allocation for granting Certificates of Sponsorship further to requests for urgent treatment will be reduced by one, if the current monthly allocation has not yet been reached; or
    2. (ii) In all other cases, the subsequent monthly allocation for granting Certificates of Sponsorship further to requests for urgent treatment will be reduced by one.

Attributes for Tier 2 (Ministers of Religion) Migrants

  1. 85. An applicant applying for entry clearance or leave to remain as a Tier 2 (Ministers of Religion) Migrant must score 50 points for attributes.
  2. 86. Available points are shown in Table 12 below.
  3. 87. Notes to accompany Table 12 appear below that table.

Table 12

Criterion Points
Certificate of Sponsorship 50

Notes

  1. 88. In order to obtain points for sponsorship. the applicant will need to provide a valid Certificate of Sponsorship reference number in this category.
  2. 89. A Certificate of Sponsorship reference number will only be considered to be valid for the purposes of this sub-category if:
    1. (a) the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the Migrant and confirms that the sponsor is sponsoring him as a Tier 2 (Minister of Religion) Migrant, and
    2. (b) the Sponsor is an A-rated Sponsor, unless:
      1. (1) the application is for leave to remain, and
      2. (2) the applicant has, or was last granted, leave as a Tier 2 (Minister of Religion) Migrant, a Minister of Religion, Missionary or Member of a Religious Order, and
      3. (3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship which led to his last grant of leave or, in the case of an applicant whose last grant of leave was as a Minister of Religion, Missionary or Member of a Religious Order, the same employer for whom the applicant was working or stated he was intending to work when last granted leave.
  1. 90. The sponsor must have assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application is made and the reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since then.
  2. 90A. The application for entry clearance or leave to remain must have been made no more than 3 months before the start of the employment as stated on the Certificate of Sponsorship.
  3. 91. The migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application, declared void or withdrawn).
  4. 92. in addition, the Certificate of Sponsorship Checking Service entry must:
    1. (a) confirm that the applicant is being sponsored to perform religious duties, which:
      1. (i) must be work which is within the Sponsor’s organisation, or directed by the Sponsor’s organisation,
      2. (ii) may include preaching, pastoral work and non pastoral work,
      3. (iii) must not involve mainly non-pastoral duties, such as school teaching, media production, domestic work, or administrative or clerical work, unless the role is a senior position in the Sponsor’s organisation, and
    2. (b) provide an outline of the duties in (a),
    3. (c) if the Sponsor’s organisation is a religious order, confirm that the applicant is a member of that order,
    4. (d) confirm that the applicant will receive pay and conditions at least equal to those given to settled workers in the same role, that the remuneration complies with or is exempt from National Minimum Wage regulations, and provide details of the remuneration,
    5. (e) confirm that the requirements of the resident labour market test, as set out in paragraph 92A below, in respect of the job, have been complied with, unless the applicant is applying for leave to remain and the Sponsor is the same Sponsor as in his last grant of leave,
    6. (f) confirm that the migrant:
      1. (i) is qualified to do the job in respect of which he is seeking leave as a Tier 2 (Minister of Religion) Migrant,
      2. (ii) intends to base himself in the UK, and
      3. (iii) will comply with the conditions of his leave, if his application is successful, and
    7. (g) confirm that the Sponsor will maintain or accommodate the migrant.
  1. 92A. To confirm that the Resident Labour Market Test has been passed or the role is exempt from the test, and for points to be awarded, the Certificate of Sponsorship Checking Service entry must confirm:
    1. (a) That the role is supernumerary, such that it is over and above the Sponsor’s normal staffing requirements and if the person filling the role was not there, it would not need to be filled by anyone else, with a full explanation of why it is supernumerary; or
    2. (b) That the role involves living mainly within and being a member of a religious order, which must be a lineage of communities or of people who live in some way set apart from society in accordance with their specific religious devotion, for example an order of nuns or monks; or
    3. (c) That the Sponsor holds national records of all available individuals, details of those records and confirmation that the records show that no suitable settled worker is available to fill the role; or
    4. (d) That a national recruitment search was undertaken, including the following details:
      1. (i) Where the role was advertised, which must be at least one of the following:
        1. (1) a national form of media appropriate to the Sponsor’s religion or denomination,
        2. (2) the Sponsor’s own website, if that is how the Sponsor usually reaches out to its community on a national scale, that is where it normally advertises vacant positions, and the pages containing the advertisement are free to view without paying a subscription fee or making a donation, or
        3. (3) Jobcentre Plus (or in Northern Ireland, JobCentre Online) or in the employment section of a national newspaper, if there is no suitable national form of media appropriate to the Sponsor’s religion or denomination;
      2. (ii) any reference numbers of the advertisements;
      3. (iii) the period the role was advertised for, which must include at least 28 days during the 6 month period immediately before the date the Sponsor assigned the Certificate of Sponsorship to the applicant; and
      4. (iv) confirmation that no suitable settled workers are available to be recruited for the role; or the applicant must be applying for leave to remain and the Sponsor must be the same Sponsor as in his last grant of leave.

Attributes for Tier 2 (Sportsperson) Migrants

  1. 93. An applicant applying for entry clearance or leave to remain as a Tier 2 (Sportsperson) Migrant must score 50 points for attributes.
  2. 94. Available points are shown in Table 13 below
  3. 95. Notes to accompany Table 13 appear below that table.
Criterion Points
Certificate of Sponsorship 50

Notes

  1. 96. In order to obtain points for sponsorship, the applicant will need to provide a valid Certificate of Sponsorship reference number for sponsorship in this subcategory.
  2. 97. A Certificate of Sponsorship reference number will only be considered to be valid for the purposes of this sub-category if:
    1. (a) the number supplied links to a Certificate of Sponsorship Checking Service entry that names the applicant as the Migrant and confirms that the sponsor is sponsoring him as a Tier 2 (Sportsperson) Migrant, and
    2. (b) the Sponsor is an A-rated Sponsor, unless:
      1. (1) the application is for leave to remain, and
      2. (2) the applicant has, or was last granted, leave as a Tier 2 (Sportsperson) Migrant or a Qualifying Work Permit Holder, and
      3. (3) the applicant is applying to work for the same employer named on the Certificate of Sponsorship or Work Permit document which led to his last grant of leave.
  1. 98. The Sponsor must have assigned the Certificate of Sponsorship reference number to the migrant no more than 3 months before the application is made and the reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since then.
  2. 98A. The application for entry clearance or leave to remain must have been made no more than 3 months before the start of the employment as stated on the Certificate of Sponsorship.
  3. 99. The migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application, declared void or withdrawn).
  4. 100(a) In addition the Certificate of Sponsorship Checking Service entry must confirm that the migrant:
    1. (i) is qualified to do the job in question
    2. (ii) has been issued a unique endorsement number showing that he has been endorsed in line with the published endorsement criteria by the Governing Body for his Sport (that is, the organisation which is specified in Appendix M as being the Governing Body for the sport in question),
    3. (iii) intends to base himself in the UK, and
    4. (iv) will comply with the conditions of his leave, if his application is successful.
  5. (b) The applicant must provide the original letter issued by the Governing Body containing the endorsement referred to in (a)(ii) above, which must confirm that:
    1. (i) the player or coach is internationally established at the highest level,
    2. (ii) his employment will make a significant contribution to the development of his sport at the highest level in the UK, and
    3. (iii) the post could not be filled by a suitable settled worker.

Attributes for Tier5 (Youth Mobility Scheme) Temporary Migrants

  1. 101. An applicant applying for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant must score 40 points for attributes
  2. 102. Available points are shown in Table 14 below.
  3. 103. Notes to accompany Table 14 below.

Table 14

Criterion Points
Citizen of a country or rightful holder of a passport issued by a territory listed in Appendix G
or
Is a British Overseas Citizen, British Territories Overseas Citizen or British National (Overseas.)
30
Will be 18 or over when his entry clearance becomes valid for use and was under the age of 31 on the date his application was made. 10

Notes

  1. 104. The applicant must provide a valid passport as evidence of all of the above.

Attributes for Tier5 (Temporary Worker) Migrants

  1. 105. An applicant applying for entry clearance or leave enter or remain as a Tier 5 (Temporary Worker) Migrant must score 30 points for attributes.
  2. 106. Available points are shown in Table 15 below.
  3. 107. Notes to accompany Table 15 appear below in that table.

Table 15

Criterion Points awarded
Holds a Tier 5 (Temporary Worker) Certificate of Sponsorship 30

Notes

  1. 108. In order to meet the ‘holds a Certificate of Sponsorship’ requirement, the applicant will provide a valid Certificate of Sponsorship reference number for sponsorship in this category.
  2. 109. A Certificate of Sponsorship reference number will only be considered to be valid if the number supplied links to a Certificate of Sponsorship Checking Service reference that names the applicant as the migrant and confirms that the Sponsor is sponsoring him as a Tier 5 ( Temporary Worker) Migrant in the subcategory indicated by the migrant in his application for entry clearance or leave.
  3. 109A. A Certificate of Sponsorship reference number will only be considered to be valid if:
    1. (a) the Sponsor assigned the reference number to the migrant no more than 3 months before the application for entry clearance or leave to remain is made, unless the migrant is applying for leave to enter and has previously been granted leave to enter using the same Certificate of Sponsorship reference number,
    2. (b) the application for entry clearance or leave to remain is made no more than 3 months before the start date of the employment as stated on the Certificate of Sponsorship,
    3. (c) that reference number must not have been cancelled by the Sponsor or by the United Kingdom Border Agency since it was assigned,
    4. (d) the Sponsor is an A-rated sponsor, unless the application is for leave to remain and the applicant has, or was last granted, leave as a Tier 5 Migrant, an Overseas Government Employee or a Qualifying Work Permit Holder, and
    5. (e) where the Certificate of Sponsorship records more than one individual engagement, a period of no more than 14 days intervenes between each successive engagement.
  4. 110. The migrant must not previously have applied for entry clearance or leave to remain using the same Certificate of Sponsorship reference number, if that application was either approved or refused (not rejected as an invalid application, declared void or withdrawn).
  5. 111. In addition, a Certificate of Sponsorship reference number will only be considered to be valid:
    1. (a) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the Creative and Sporting subcategory to enable the applicant to work as a sportsperson, if:
      1. (i) The Certificate of Sponsorship Checking Service entry shows that the applicant has been issued a unique endorsement number showing that he has been endorsed in line with the published endorsement criteria by the Governing Body for his sport (that is, the organisation which is specified in Appendix M as being the Governing Body for the sport in question), and
      2. (ii) The applicant provides the original letter issued by the Governing Body containing the endorsement referred to in (a) (i) above, which must confirm that the player or coach is internationally established at the highest level and/or will make a significant contribution to the development of his sport at the highest level in the UK, and that the post could not be filled by a suitable settled worker.
    2. (b) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the Creative and Sporting subcategory to enable the applicant to work as a creative worker, if the entry confirms that:
      1. (i) where a relevant creative sector Codes of Practice exists in Appendix J, the Sponsor has complied with that Code of Practice; or
      2. (ii) where no relevant creative sector Codes of Practice exists in Appendix J, the Sponsor has otherwise taken into account the needs of the resident labour market in that field, and the work could not be carried out by a suitable settled worker.
    3. (c) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the Charity Workers subcategory, if the work the applicant is being sponsored to do is:
      1. (i) voluntary fieldwork which contributes directly to the achievement or advancement of the sponsor’s charitable purpose;
      2. (ii) not paid or otherwise remunerated, including receipt of benefits in kind, (except reasonable expenses outlined in section 44 of the National Minimum Wage Act); and
      3. (iii) not filling a permanent position, including on a temporary basis.
    4. (d) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the Religious Workers subcategory, if the entry confirms:
      1. (i) that the applicant is being sponsored to perform religious duties, which:
        1. (1) must be work which is within the Sponsor’s organisation, or directed by the Sponsor’s organisation,
        2. (2) may include preaching, pastoral work and non pastoral work, and
      2. (ii) an outline of the duties in (i),
      3. (iii) if the Sponsor’s organisation is a religious order, that the applicant is a member of that order;
      4. (iv) that the applicant will receive pay and conditions at least equal to those given to settled workers in the same role,
      5. (v) that the remuneration complies with or is exempt from National Minimum Wage regulations, and provides details of the remuneration,
      6. (vi) details of how the resident labour market test has been complied with or why the role is exempt from the test, as set out in paragraph 92A of this Appendix.
    5. (e) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the Government Authorised Exchange subcategory, if the entry confirms that the work, volunteering or job shadowing the applicant is being sponsored to do:
      1. (i) meets the requirements of the individual exchange scheme, as set out in Appendix N,
      2. (ii) does not fill a vacancy in the workforce,
      3. (iii) is skilled to National Qualifications Framework level 3, as stated in the codes of practice in Appendix J, unless the applicant is being sponsored under an individual exchange scheme set up as part of the European Commission’s Lifelong Learning Programme,
      4. (iv) conforms with all relevant UK and EU legislation, such as the National Minimum Wage Act and the Working Time Directive.
    6. (f) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the International Agreement subcategory and the applicant is applying for entry clearance or leave to enter or remain for the purpose of work as a Contractual Service Supplier, or Independent Professional if either:
      1. (i) the work is pursuant to a contract to supply services to the sponsor in the United Kingdom by an overseas undertaking established on the territory of a party to the General Agreement on Trade in Services or a similar trade agreement which has been concluded between the EU and another party or parties and which is in force, and which has no commercial presence in the European Union; and
      2. (ii) the service which that undertaking is contracted to supply to the sponsor in the United Kingdom is a service falling within the scope of the sectors specified in the relevant commitments in respect of Contractual Service Suppliers or Independent Professionals as set out in the agreements mentioned at (i) above; and
      3. (iii) the sponsor has, through an open tendering procedure or other procedure which guarantees the bona fide character of the contract, awarded a services contract for a period not exceeding 12 months to the applicant’s employer; and
      4. (iv) the sponsor will be the final consumer of the services provided under that contract; and
      5. (v) the applicant is a national of the country in which the overseas undertaking is established; and
      6. (vi) where the applicant is a Contractual Service Supplier, he possesses:
        1. (1) a university degree or a technical qualification demonstrating knowledge of an equivalent level, and provides the original certificate of that qualification, except where (4) applies;
        2. (2) where they are required by any relevant law, regulations or requirements in force in the United Kingdom in order to exercise the activity in question, professional qualifications;
        3. (3) 3 years’ professional experience in the sector concerned, except where (4) applies; and
        4. (4)(_a) in the case of advertising and translation services, relevant qualifications and 3 years’ professional experience, and provides the original certificate of those qualifications;
        5. (_b) in the case of management consulting services and services related to management consulting (managers and senior consultants), a university degree and 3 years professional experience, and provides the original certificate of that qualification;
        6. (_c) in the case of technical testing and analysis services, a university degree or technical qualifications demonstrating technical knowledge and 3 years professional experience, and provides the original certificate of that qualification;
        7. (_d) in the case of fashion model services and entertainment services other than audiovisual services, 3 years’ relevant experience;
        8. (_e) in the case of chef de cuisine services, an advanced technical qualification and 6 years’ relevant experience at the level of chef de cuisine, and provides the original certificate of that qualification; and
      7. (vii) where the applicant is a Contractual Service Supplier, he has been employed, and provides the specified documents in paragraph 111-SD to show that he has been employed, by the service supplier for a period of at least one year immediately prior to the date of application; or
      8. (viii) where the applicant is an Independent Professional, he possesses:
        1. (1) a university degree or a technical qualification demonstrating knowledge of an equivalent level, and provide the original certificate of that qualification,
        2. (2) where they are required by any relevant law, regulations or requirements in force in the United Kingdom in order to exercise the activity in question, professional qualifications; and
        3. (3) at least six years professional experience in the sector concerned; or
      9. (ix) the applicant is applying for leave to remain and holds a Certificate of Sponsorship issued in the International Agreement sub-category by the same sponsor, and for the purpose of the same contract to supply services, as was the case when the applicant was last granted entry clearance, leave to enter or remain.
    7. (g) where the Certificate of Sponsorship Checking Service entry shows that the Certificate of Sponsorship has been issued in the International Agreement subcategory and the applicant is coming for a purpose other than work as a Contractual Service Supplier, or Independent Profession if the entry confirms that applicant is being sponsored:
      1. (i) as an employee of an overseas government, or
      2. (ii) as an employee of an international organisation established by international treaty signed by the UK or European Union, or
      3. (iii) as a private servant in a diplomatic household under the provisions of the Vienna Convention on Diplomatic Relations, 1961, or in the household of an employee of an international organisation recognised by Her Majesty’s Government, who enjoys certain privileges or immunity under UK or international law, and confirms the name of the individual who is employing them.
  1. 111-SD (a) Where paragraph 111(f)(vii) refers to specified documents, those specified documents are:
    1. (i) original formal payslips issued by the employer and showing the employer’s name; or
    2. (ii) payslips accompanied by a letter from the applicant’s employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic; or
    3. (iii) Personal bank or building society statements covering the full specified period, which clearly show:
      1. (1) the applicant’s name,
      2. (2) the account number,
      3. (3) the date of the statement (The most recent statement must be dated no earlier than 31 days before the date of the application),
      4. (4) the financial institution’s name and logo, and
      5. (5) transactions by the service supplier covering the full specified period; or
    4. (iv) A building society pass book, which clearly shows:
      1. (1) the applicant’s name,
      2. (2) the account number,
      3. (3) the financial institution’s name and logo, and
      4. (4) transactions by the service supplier covering the full specified period. (b) If the applicant provides the bank or building society statements in (a)(iii):
    5. (i) The statements must:
      1. (1) be printed on paper bearing the bank or building society’s letterhead,
      2. (2) bear the official stamp of the bank on every page, or
      3. (3) be accompanied by a supporting letter from the issuing bank or building society, on company headed paper, confirming the authenticity of the statements provided;
    6. (ii) The statements must not be mini-statements obtained from an Automated Teller Machine.
  1. 112. Points will not be awarded for a Tier 5 (Temporary Worker) Certificate of Sponsorship where the claimed basis for its issuance are the provisions under Mode 4 of the General Agreement on Trade in Services relating to intra-corporate transfers.

Attributes for Tier 4 (General) Students

  1. 113. An applicant applying for entry clearance or leave to remain as a Tier 4 (General) Student must score 30 points for attributes.
  2. 114. Available points are shown in Table 16 below.
  3. 115. Notes to accompany Table 16 appear below that table.

Table 16

Criterion Points awarded
Confirmation of Acceptance for Studies 30

Notes

  1. 115A. In order to obtain points for a Confirmation of Acceptance for Studies, the applicant must provide a valid Confirmation of Acceptance for Studies reference number.
  1. 116. A Confirmation of Acceptance for Studies will only be considered to be valid if:
    1. (a) it was issued no more than 6 months before the application is made,
    2. (b) the application for entry clearance or leave to remain is made no more than 3 months before the start date of the course of study as stated on the Confirmation of Acceptance for Studies,
    3. (c) the sponsor has not withdrawn the offer since the Confirmation of Acceptance for Studies was issued,
    4. (d) it was issued by an institution with a Tier 4 sponsor licence,
    5. (da) where the application for entry clearance or leave to remain is for the applicant to commence a new course of study, not for completion of a course already commenced by way of re-sitting examinations or repeating a module of a course, the sponsor must not be a Legacy Sponsor,
  2. 116(db) where the Confirmation of Acceptance for Studies is issued by a Legacy Sponsor, the Confirmation of Acceptance for Studies will only be valid if it is issued for completion of a course already commenced by way of re-sitting examinations or repeating a module of a course and the Confirmation of Acceptance for Studies must be for the same course as the course for which the last period of leave was granted to study with that same sponsor,
    1. (e) the institution must still hold such a licence at the time the application for entry clearance or leave to remain is determined
    2. (ea) the migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Confirmation of Acceptance for Studies reference number where that application was either approved or refused (not rejected as an invalid application declared void or withdrawn),
    3. (f) it contains the following mandatory information:
      1. (i) the applicant’s:
        1. (1) name,
        2. (2) date of birth,
        3. (3) gender,
        4. (4) nationality, and
        5. (5) passport number;
      2. (ii) the course:
        1. (1) title,
        2. (2) level,
        3. (3) start and end dates, and
        4. (4) hours per week, including confirmation that the course is full-time;
      3. (iii) confirmation if the course is one in which the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office;
      4. (iv) confirmation if the course is a recognised Foundation Programme for postgraduate doctors or dentists, and requires a certificate from the Postgraduate Dean;
      5. (v) the main study address;
      6. (vi) details of how the Tier 4 sponsor has assessed the applicant’s English language ability including, where relevant, the applicant’s English language test scores in all four components (reading, writing, speaking and listening);
      7. (vii) details of any work placements relating to the course;
      8. (viii) accommodation, fees and boarding costs;
      9. (ix) details of any partner institution, if the course will be provided by an education provider that is not the Tier 4 sponsor; and
      10. (x) the name and address of the overseas higher education institution, if the course is part of a study abroad programme.
    4. (g) it was not issued for a course of studies, it was issued for a full-time, salaried, elected executive position as a student union sabbatical officer to an applicant who is part-way through their studies or who is being sponsored to fill the position in the academic year immediately after their graduation,
    5. (h) it was not issued for a course of studies, it was issued within 60 days of the expected end date of a course leading to the award of a PhD and the migrant is sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council, to enable the migrant to remain in the UK as a Tier 4 (General) Student on the doctorate extension scheme.
  1. 117. A Confirmation of Acceptance for Studies reference number will only be considered to be valid if:
    1. (a) the number supplied links to a Confirmation of Acceptance for Studies Checking Service entry that names the applicant as the migrant and confirms that the sponsor is sponsoring him in the Tier 4 category indicated by the migrant in his application for leave to remain (that is, as a Tier 4 (General) Student or a Tier 4 (Child) Student), and
    2. (b) that reference number must not have been withdrawn or cancelled by the sponsor or the Home Office since it was assigned.
  2. 118. No points will be awarded for a Confirmation of Acceptance for Studies unless:
    1. (a) the applicant supplies, as evidence of previous qualifications, the specified documents, as set out in paragraph 120-SD(a), that the applicant used to obtain the offer of a place on a course from the sponsor unless the applicant is sponsored by a sponsor with Tier 4 Sponsor status, is a national of one of the countries or the rightful holder of a qualifying passport issued by one of the relevant competent authorities, as appropriate,listed in Appendix H, and is applying for entry clearance in his country of nationality or in the territory related to the passport he holds, as appropriate, or leave to remain in the UK.The Home Office reserves the right to request the specified documents from these applicants. The application will be refused if the specified documents are not provided in accordance with the request made; and
    2. (b) One of the requirements in (i) to (iii) below is met:
      1. (i) the course is degree level study and the Confirmation of Acceptance for Studies has been assigned by a UK recognised body or a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council, and:
        1. (1) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America, and provides the specified documents set out in paragraph 120-SD(b); or
        2. (2) the applicant 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 or a PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA, and provides the specified documents set out in paragraph 120-SD(a); or
        3. (3) the applicant has obtained an academic qualification (not a professional or vocational qualification) from an educational establishment in the UK, which is either a Bachelor’s or Master’s degree or a PhD in the UK and provides the specified documents set out in paragraph 120-SD(a); or
        4. (4) the application is to study a short-term study abroad programme at the sponsor in the United Kingdom for up to six months as part of the applicant’s course of study at an overseas higher education institution in the USA and that course will lead to 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 the applicant provides an original document from UK NARIC which confirms the assessment; or
        5. (5) the applicant has successfully completed a course as a Tier 4 (Child) Student (or under the student rules that were in force before 31 March 2009, where the student was granted permission to stay whilst he was under 18 years old) which:
          1. i. was at least six months in length, and
          2. ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies; or
        6. (6) the Confirmation of Acceptance for Studies Checking Service entry confirms that the applicant has a knowledge of English equivalent to level B2 of the Council of Europe’s Common European Framework for Language Learning in all four components (reading, writing, speaking and listening), or above,or that the sponsor is satisfied that on completion of a pre-sessional course as provided for in paragraph 120(b)(i) of this Appendix, the applicant will have a knowledge of English as set out in this paragraph; or
      2. (ii) the course is degree level study and the Confirmation of Acceptance for Studies has been assigned by a sponsor which is not a UK recognised body or is not a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council, and:
        1. (1) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America, and provides the specified documents set out in paragraph 120-SD(b); or
        2. (2) the applicant 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 or a PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA, and provides the specified documents set out in paragraph 120-SD(a); or
        3. (3) the applicant has obtained an academic qualification (not a professional or vocational qualification) from an educational establishment in the UK, which is either a Bachelor’s or Master’s degree or a PhD in the UK and provides the specified documents set out in paragraph 120-SD(a); or
        4. (4) the application is to study a short-term study abroad programme at the sponsor in the United Kingdom for up to six months as part of the applicant’s course of study at an overseas higher education in the USA and that course will lead to 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 the applicant provides an original document from UK NARIC which confirms the assessment; or
        5. (5) the applicant has successfully completed a course as a Tier 4 (Child) Student (or under the student rules that were in force before 31 March 2009, where the student was granted permission to stay whilst he was under 18 years old) which:
        6. i. was at least six months in length, and
        7. ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies; or
        8. (6) the applicant provides the specified documents from an English language test provider approved by the Secretary of State for these purposes as listed in Appendix O, which clearly show:
        9. i. the applicant’s name,
        10. ii. that the applicant has achieved or exceeded level B2 of the Council of Europe’s Common European Framework for Language learning in all four components (reading, writing, speaking and listening), unless exempted from sitting a component on the basis of the applicant’s disability,
        11. iii. the date of the award, and
        12. iv. that the test is within its validity date (where applicable), and
        13. v. the test centre at which was test was taken is approved by the Secretary of State as a Secure English Language Test Centre. *Or
      3. (iii) the course is for below degree level study and:
        1. (1) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America, and provides the specified documents set out in paragraph 120-SD(b); or
        2. (2) the applicant 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 or a PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA, and provides the specified documents set out in paragraph 120-SD(a); or
        3. (3) the applicant has obtained an academic qualification (not a professional or vocational qualification) from an educational establishment in the UK, which is either a Bachelor’s or Master’s degree or a PhD in the UK and provides the specified documents set out in paragraph 120-SD(a); or
        4. (4) the applicant has successfully completed a course as a Tier 4 (Child) student (or under the student rules that were in force before 31 March 2009, where the student was granted permission to stay whilst he was under 18 years old) which:
        5. i. was at least six months in length, and
        6. ii. ended within two years of the date the sponsor assigned the Confirmation of Acceptance for Studies; or
        7. (5) the applicant provides the specified documents from an English language test provider approved by the Secretary of State for these purposes as listed in Appendix O, which clearly show:
        8. i. the applicant’s name,
        9. ii. that the applicant has achieved or exceeded level B1 of the Council of Europe’s Common European Framework for Language learning in all four components (reading, writing, speaking and listening), unless exempted from sitting a component on the basis of the applicant’s disability,
        10. iii. the date of the award, and
        11. iv. that the test is within its validity date (where applicable), and
        12. v. the test centre at which the test was taken is approved by the Secretary of State as a Secure English Language Test Centre.
  1. 119. If the applicant is re-sitting examinations or repeating a module of a course, the applicant must not previously have re-sat the same examination or repeated the same module more than once, unless the sponsor has Tier 4 Sponsor status. If this requirement is not met then no points will be awarded for the Confirmation of Acceptance for Studies, unless the sponsor has Tier 4 Sponsor status.
  2. 120. Points will only be awarded for a Confirmation of Acceptance for Studies (even if all the requirements in paragraphs 116 to 119 above are met) if the course in respect of which it is issued meets each of the following requirements:
    1. (a) The course must meet the following minimum academic requirements:
      1. i. for applicants applying to study in England, Wales or Northern Ireland, the course must be at National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) Level 3 or above if the sponsor has Tier 4 Sponsor status; or
      2. ii. for applicants applying to study in England, Wales or Northern Ireland, the course must be at National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) Level 4 or above if the sponsor has Probationary Sponsor status; or
      3. iii. for applicants applying to study in Scotland, the course must be accredited at Level 6 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority and the sponsor must have Tier 4 Sponsor status; or
      4. iv. for applicants applying to study in Scotland, the course must be accredited at Level 7 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority if the sponsor has Probationary Sponsor status; or
      5. v. the course must be a short-term Study Abroad Programme in the United Kingdom as part of the applicant’s qualification at an overseas higher education institution, and that qualification must be confirmed as the same as a United Kingdom degree level by the National Recognition Information Centre for the United Kingdom (UK NARIC); or
      6. vi. the course must be an English language course at level B2 or above of the Common European Framework of Reference for Languages; or
      7. vii. the course must be a recognised Foundation Programme for postgraduate doctors or dentists.
    2. (b) The Confirmation of Acceptance for Studies must be for a single course of study except where the Confirmation of Acceptance for Studies is:
      1. (i) issued by a UK recognised body or a body in receipt of funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council to cover both a pre-sessional course of no longer than three months’ duration and a course of degree level study at that sponsor; and
      2. (ii) the applicant has an unconditional offer of a place on a course of degree level study at that sponsor or that where the offer is made in respect of an applicant whose knowledge of English is not at B2 level of the Council of Europe’s Common European Framework for Language Learning in all four components (reading, writing, speaking and listening) or above, the sponsor is satisfied that on completion of a pre-sessional course as provided for in (i) above, the applicant will have a knowledge of English at as set out in this paragraph; and
      3. (iii) the course of degree level study commences no later than one month after the end date of the pre-sessional course.
    3. (c) The course must, except in the case of a pre-sessional course, lead to an approved qualification as defined in (cb) below.
    4. (ca) If a student is specifically studying towards an Association of Certified Chartered Accountants (ACCA) qualification or an ACCA Foundations in Accountancy qualification, the sponsor must be an ACCA approved learning partner - student tuition (ALP-st) at either Gold or Platinum level.
    5. (cb) An approved qualification is one that is:
      1. (1) validated by Royal Charter,
      2. (2) awarded by a body that is on the list of recognised bodies produced by the Department for Business, Innovation and Skills,
      3. (3) recognised by one or more recognised bodies through a formal articulation agreement with the awarding body,
      4. (4) in England, Wales and Northern Ireland, on the [Register of Regulated Qualifications] (http://register.ofqual.gov.uk/) at National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) level 3 or above,
      5. (5) in Scotland, accredited at Level 6 or above in the Scottish Credit and Qualifications Framework (SCQF) by the Scottish Qualifications Authority,
      6. (6) an overseas qualification that UK NARIC assesses as valid and equivalent to National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) level 3 or above,
      7. (7) covered by a formal legal agreement between a UK-recognised body and another education provider or awarding body. An authorised signatory for institutional agreements within the UK recognised body must sign this. The agreement must confirm the UK recognised body’s own independent assessment of the level of the Tier 4 sponsor’s or the awarding body’s programme compared to the National Qualifications Framework (NQF) / Qualifications and Credit Framework (QCF) or its equivalents. It must also state that the UK recognised body would admit any student who successfully completes the Tier 4 sponsor’s or the awarding body’s named course onto a specific or a range of degree-level courses it offers, or
      8. (8) an aviation licence, rating or certificate issued in accordance with EU legislation by the UK’s Civil Aviation Authority.
    6. (d) Other than when the applicant is on a course-related work placement or a pre-sessional course, all study that forms part of the course must take place on the premises of the sponsoring educational institution or an institution which is a partner institution of the migrant’s sponsor.
    7. (e) The course must meet one of the following requirements:
      1. i. be a full time course of degree level study that leads to an approved qualification as defined in (cb) above;
      2. ii. be an overseas course of degree level study that is recognised as being equivalent to a UK Higher Education course and is being provided by an overseas Higher Education Institution; or
      3. iii. be a full time course of study involving a minimum of 15 hours per week organised daytime study and, except in the case of a pre-sessional course, lead to an approved qualification, below bachelor degree level as defined in (cb) above.
    8. (f) Where the student is following a course of below degree level study including course –related work placement, the course can only be offered by a sponsor with Tier 4 Sponsor status. If the course contains a course-related work placement, any period that the applicant will be spending on that placement must not exceed one third of the total length of the course spent in the United Kingdom except :
      1. (i) where it is a United Kingdom statutory requirement that the placement should exceed one third of the total length of the course; or
      2. (ii) where the placement does not exceed one half of the total length of the course undertaken in the UK and the student is following a course of degree level study and is either:
        1. (a) sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
        2. (b) sponsored by an overseas higher education institution to undertake a short-term Study Abroad Programme in the United Kingdom.Specified documents

Specified documents

  1. 120-SD. Where paragraphs 118 to 120 of this Appendix refer to specified documents, those specified documents are as follows:
    1. (a) In the case of evidence relating to previous qualifications, the applicant must provide, for each qualification, either:
      1. (i) The original certificate(s) of qualification, which clearly shows:
        1. (1) the applicant’s name,
        2. (2) the title of the award,
        3. (3) the date of the award, and
        4. (4) the name of the awarding institution;
      2. (ii) The transcript of results, (which, unless the applicant has applied for their course through UCAS (Universities and Colleges Admission Service) and the applicant is applying in the UK to study at a Higher Education Institution which has Tier 4 status and the qualification is issued by a UK awarding body for a course that the applicant has studied in the UK, must be an original) which clearly shows:
        1. (1) the applicant’s name,
        2. (2) the name of the academic institution,
        3. (3) their course title, and
        4. (4) confirmation of the award;
    2. or
      1. (iii) If the applicant’s Tier 4 sponsor has assessed the applicant by using one or more references, and the Confirmation of Acceptance for Studies Checking Service entry includes details of the references assessed, the original reference(s) (or a copy, together with an original letter from the Tier 4 sponsor confirming it is a true copy of the reference they assessed), which must contain:
        1. (1) the applicant’s name,
        2. (2) confirmation of the type and level of course or previous experience; and dates of study or previous experience,
        3. (3) date of the letter, and
        4. (4) contact details of the referee:
      2. and
      3. (iv) If the qualification was obtained from an educational establishment in Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and The Grenadines, Trinidad and Tobago, or the USA, an original document issued by UK NARIC confirming that the qualification meets or exceeds the recognised standard of a Bachelor’s or Master’s degree or a PhD in the UK.
    3. (b) In the case of evidence of the applicant’s nationality, the specified documents are the applicant’s current valid original passport or travel document. If the applicant is unable to provide this, the Home Office may exceptionally consider this requirement to have been met where the applicant provides full reasons in the passport section of the application form, and either:
      1. (1) a current national identity document, or
      2. (2) an original letter from his home government or embassy, on the letter-headed paper of the government or embassy, which has been issued by an authorised official of that institution and confirms the applicant’s full name, date of birth and nationality.
  1. 120A (a) If the applicant has previously been granted leave as a Tier 4 (General) Student or as a Student and is applying for leave to remain, points will only be awarded for a valid Confirmation of Acceptance for Studies (even if all the requirements in paragraphs 116 to 120-SD above are met) if the sponsor has confirmed that the course for which the Confirmation of Acceptance for Studies has been assigned represents academic progress, as defined in (b) below, except where:
    1. i. either:
      1. (1) the applicant is re-sitting examinations or repeating modules in accordance with paragraph 119 above, or
      2. (2) the applicant has previously re-sat examinations or repeated modules in accordance with paragraph 119 above, and requires leave to remain to complete the course in respect of which those examinations were re-sat or modules repeated, or
    2. ii. the applicant is applying for leave for the purpose of completing the PhD or other doctoral qualification for which the Confirmation of Acceptance for Studies relating to the study undertaken during the last period of leave as a Tier 4 (General) Student or as a Student was assigned, or
    3. iii. the applicant is making a first application to move to a new institution to complete a course commenced at a Tier 4 sponsor that has had its licence revoked, or
    4. iv. the applicant is applying for leave to undertake a role as a student union sabbatical officer or to complete the qualification for which the Confirmation of Acceptance for Studies relating to the study undertaken during the last period of leave as a Tier 4 (General) Student or as a Student was assigned after undertaking a period as a student union sabbatical officer, or
    5. v. the applicant is applying for leave under the doctorate extension scheme or as a postgraduate doctor or dentist on a recognised Foundation Programme;
  2. (b) For a course to represent academic progress from previous study the applicant must:
    1. i. have successfully completed the course for which the Confirmation of Acceptance for Studies relating to the study undertaken during the last period of leave as a Tier 4 (General) Student or Student was assigned, or an equivalent course undertaken in accordance with the conditions set out in paragraph 245ZW(c)(iv)(2) or paragraph 245ZY(c)(iv)(2) of Part 6A, or
    2. ii. be applying for leave to allow them to progress from:
      1. (1) a Bachelors to Masters level course as part of an integrated Masters course, or
      2. (2) a Masters to PhD level course as part of an integrated Masters and PhD programme
    3. having been offered a place on a higher level course by the sponsor after an assessment of their academic ability
    4. and
    5. iii. the course must be above the level of the previous course for which the Confirmation of Acceptance of Studies relating to the study undertaken during the last period of leave as a Tier 4 (General) Student or as a Student was assigned, unless:
      1. (1) the course is taught by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council which is also the sponsor; and
      2. (2) the course is at degree level or above; and
      3. (3) the new course is not at a lower level than the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student; and
      4. (4) the sponsor has Tier 4 Sponsor status; and
      5. (5) the sponsor confirms that:
        1. (a) the course is related to the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student, meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation; or
        2. (b) the previous course and the new course in combination support the applicant’s genuine career aspirations.

Attributes for Tier 4 (Child) Students

  1. 121. An applicant applying for entry clearance or leave to remain as a Tier 4 (Child) Student must score 30 points for attributes.
  2. 122. Available points are show in Table 17 below.
  3. 123. Notes to accompany Table 17 appear below that table.
  4. 123A. In order to obtain points for a Confirmation of Acceptance for Studies, the applicant must provide a valid Confirmation of Acceptance for Studies reference number.

Table 17

Criterion Points awarded
Confirmation of Acceptance for Studies 30

Notes

  1. 124. A Confirmation of Acceptance for Studies will be considered to be valid only if:
    1. (a) it was issued by an Independent School,
    2. (b) it was issued no more than 6 months before the application is made,
    3. (c) the application for entry clearance or leave to remain is made no more than 3 months before the start date of the course of study as stated on the Confirmation of Acceptance for Studies,
    4. (d) the sponsor has not withdrawn the offer since the Confirmation of Acceptance for Studies was issued,
    5. (e) it was issued by an Independent School with a Tier 4 (Child) Student sponsor licence,
    6. (f) the Independent School must still hold such a licence at the time the application for entry clearance or leave to remain is determined,
    7. (fa) the migrant must not previously have applied for entry clearance, leave to enter or leave to remain using the same Confirmation of Acceptance for Studies reference number, if that application was either approved or refused (not rejected as an invalid application declared voidor withdrawn), and
    8. (g) it contains such information as is specified as mandatory in these immigration rules.
  1. 125. A Confirmation of Acceptance for Studies reference number will only be considered to be valid if:
    1. (a) the number supplied links to a Confirmation of Acceptance for Studies Checking Service entry that names the applicant as the migrant and confirms that the sponsor is sponsoring him in the Tier 4 category indicated by the migrant in his application for leave to remain (that is, as a Tier 4 (General) Student or a Tier 4 (Child) Student), and
    2. (b) that reference number must not have been withdrawn or cancelled by the sponsor or the Home Office since it was assigned.
  1. 125A. Points will only be awarded for a Confirmation of Acceptance for Studies if the applicant:
    1. (a)supplies, as evidence of previous qualifications, the specified documents set out in paragraph 125-SD that the applicant used to obtain the offer of a place on a course from the sponsor,
    2. (b)is sponsored by a sponsor with Tier 4 Sponsor status, is a national of one of the countries or the rightful holder of a qualifying passport issued by one of the relevant competent authorities, as appropriate,listed in Appendix H and is applying for entry clearance in his country of nationality or in the territory related to the passport he holds, as appropriate, or leave to remain in the UK.The Home Office reserves the right to request the specified documents set out in paragraph 125-SD from these applicants. The application will be refused if the specified documents are not provided in accordance with the request made; or
    3. (c) where the application for entry clearance or leave to remain is for the applicant to commence a new course of study, not for completion of a course already commenced by way of re-sitting examinations or repeating a module of a course, the Sponsor must not be a Legacy Sponsor, or
    4. (d) where the Confirmation of Acceptance for Studies is issued by a Legacy Sponsor, the Confirmation of Acceptance for Studies will only be valid if it is issued for completion of a course already commenced by way of re-sitting examinations or repeating a module of a course and the Confirmation of Acceptance for Studies must be for the same course as the course for which the last period of leave was granted to study with that same sponsor.

Specified documents

  1. 125-SD. Where paragraph 125 of this Appendix refers to specified documents evidence relating to previous qualifications, those specified documents are:
    1. (i) The original certificate(s) of qualification, which clearly shows:
      1. (1) the applicant’s name,
      2. (2) the title of the award,
      3. (3) the date of the award, and
      4. (4) the name of the awarding institution;
    2. (ii) The original transcript of results, which clearly shows:
      1. (1) the applicant’s name,
      2. (2) the name of the academic institution,
      3. (3) their course title, and
      4. (4) confirmation of the award;
  1. 126. Points will not be awarded under Table 17 unless the course that the student will be pursuing meets one of the following requirements:
    1. (a) be taught in accordance with the National Curriculum,
    2. (b) be taught in accordance with the National Qualification Framework (NQF) and must not be a foundation course intended to prepare the student for entry to a higher education institution,
    3. (c) be accepted as being of equivalent academic status to (a) or (b) above by Ofsted (England), the Education and Training Inspectorate (Northern Ireland), Education Scotland (Scotland) or Estyn (Wales),
    4. (d) be provided as required by prevailing Independent School education inspection standards.
    5. (e) be a single course of study, except where the Confirmation of Acceptance for Studies is:
      1. (i) issued by an Independent School to cover both a pre-sessional course and a course at an Independent School; and
      2. (ii) the applicant has an unconditional offer of a place at the Independent School; and
      3. (iii) the duration of the pre-sessional course and period of study at the Independent School does not exceed the maximum period of entry clearance or leave to remain that can be granted under paragraphs 245ZZB and 245ZZD of the Immigration Rules.