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Immigration Rules

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Immigration Rules Appendix F: archived Immigration Rules

Archived Immigration Rules

Part 1 - Immigration Rules relating to highly skilled migrants, the international graduates scheme, the fresh talent: working in Scotland scheme, businesspersons, innovators, investors and writers, composers and artists as at 29 June 2008

Highly skilled migrants

Requirements for leave to enter the United Kingdom as a highly skilled migrant

  1. 135A. The requirements to be met by a person seeking leave to enter as a highly skilled migrant are that the applicant:
  2. (i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme; and
  3. (ii) intends to make the United Kingdom his main home; and
  4. (iii) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  5. (iv) holds a valid United Kingdom entry clearance for entry in this capacity; and
  6. (v) if he makes an application for leave to enter on or after 29 February 2008, is not applying in India.

Immigration Officers at port should not refuse entry to passengers on the basis that they applied in India, if those passengers have a valid entry clearance for entry in this capacity.

Leave to enter as a highly skilled migrant

  1. 135B. A person seeking leave to enter the United Kingdom as a highly skilled migrant may be admitted for a period not exceeding 2 years, subject to a condition prohibiting Employment as a Doctor in Training (unless the applicant has submitted with this application a valid Highly Skilled Migrant Programme Approval Letter, where the application for that approval letter was made on or before 6 February 2008), provided the Immigration Officer is satisfied that each of the requirements of paragraph 135A is met and that the application does not fall for refusal under paragraph 135HA.

Refusal of leave to enter as a highly skilled migrant

  1. 135C. Leave to enter as a highly skilled migrant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135A is met or if the application falls for refusal under paragraph 135HA.

International Graduates Scheme

Requirements for leave to enter as a participant in the International Graduates Scheme

  1. 135O. The requirements to be met by a person seeking leave to enter as a participant in the International Graduates Scheme are that he:
  2. (i) has successfully completed and obtained either:
    1. (a) a recognised UK degree (with second class honours or above) in a subject approved by the Department for Education and Skills for the purposes of the Science and Engineering Graduates scheme, completed before 1 May 2007; or
    2. (b) a recognised UK degree, Master’s degree, or PhD in any subject completed on or after 1 May 2007; or
    3. (c) a postgraduate certificate or postgraduate diploma in any subject completed on or after 1 May 2007; at a UK education institution which is a recognised or listed body.
  3. (ii) intends to seek and take work during the period for which leave is granted in this capacity;
  4. (iii) can maintain and accommodate himself and any dependants without recourse to public funds;
  5. (iv) completed his degree, Master’s degree, PhD or postgraduate certificate or diploma, in the last 12 months;
  6. (v) if he has previously spent time in the UK as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme, is not seeking leave to enter to a date beyond 12 months from the date he was first given leave to enter or remain under the Science and Engineering Graduates Scheme or the International Graduates Scheme;
  7. (vi) intends to leave the United Kingdom if, on expiry of his leave under this scheme, he has not been granted leave to remain in the United Kingdom in accordance with paragraphs 128-135, 200-210H or 245A-245G of these Rules;
  8. (vii) has the written consent of his official sponsor to enter or remain in the United Kingdom under the Science and Engineering Graduates Scheme or International Graduates Scheme if his approved studies, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
  9. (viii) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas),a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.

Leave to enter as a participant in the International Graduates Scheme

  1. 135P. A person seeking leave to enter the United Kingdom as a participant in the International Graduates Scheme may be admitted for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a participant in the International Graduates Scheme

  1. 135Q. Leave to enter as a participant in the International Graduates Scheme is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135O is met.

Requirements for leave to remain as a participant in the International Graduates Scheme

  1. 135R. The requirements to be met by a person seeking leave to remain as a participant in the International Graduates Scheme are that he:
  2. (i) meets the requirements of paragraph 135O(i) to (vii); and
  3. (ii) has leave to enter or remain as a student or as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 57-69L or 135O-135T of these Rules;
  4. (iii) would not, as a result of an extension of stay, remain in the United Kingdom as a participant in the International Graduates Scheme to a date beyond 12 months from the date on which he was first given leave to enter or remain in this capacity or under the Science and Engineering Graduates Scheme.

Leave to remain as a participant in the International Graduates Scheme

  1. 135S. Leave to remain as a participant in the International Graduates Scheme may be granted if the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 135R.

Refusal of leave to remain as a participant in the International Graduates Scheme

  1. 135T. Leave to remain as a participant in the International Graduates Scheme is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135R is met.

Requirements for leave to enter the United Kingdom as a Fresh Talent: Working in Scotland scheme participant

  1. 143A. The requirements to be met by a person seeking leave to enter as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
  2. (i) has been awarded:
    1. (a) a HND, by a Scottish publicly funded institution of further or higher education, or a Scottish bona fide private education institution; or
    2. (b) a recognised UK undergraduate degree, Master’s degree or PhD or postgraduate certificate or diploma, by a Scottish education institution which is a recognised or listed body; and
  3. (ii) has lived in Scotland for an appropriate period of time whilst studying for the HND, undergraduate degree, Master’s degree PhD or postgraduate certificate or diploma referred to in (i) above; and
  4. (iii) intends to seek and take employment in Scotland during the period of leave granted under this paragraph; and
  5. (iv) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  6. (v) has completed the HND, undergraduate degree, Master’s degree PhD or postgraduate certificate or diploma referred to in (i) above in the last 12 months; and
  7. (vi) intends to leave the United Kingdom if, on expiry of his leave under this paragraph, he has not been granted leave to remain in the United Kingdom as:
    1. (a) a work permit holder in accordance with paragraphs 128-135 of these Rules; or
    2. (b) a Tier 1 (General) Migrant; or
    3. (c) a person intending to establish themselves in business in accordance with paragraphs 200-210 of these Rules; or
    4. (d) an innovator in accordance with paragraphs 210A-210H of these Rules; and
  8. (vii) has the written consent of his official sponsor to enter or remain in the United Kingdom as a Fresh Talent: Working in Scotland scheme participant, if the studies which led to his qualification under (i) above (or any studies he has subsequently undertaken) were sponsored by a government or international scholarship agency; and
  9. (viii) if he has previously been granted leave as either:
    1. (a) a Fresh Talent: Working in Scotland scheme participant in accordance with this paragraph; and/or
    2. (b) a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O-135T of these Rules is not seeking leave to enter under this paragraph which, when amalgamated with any previous periods of leave granted in either of these two categories, would total more than 24 months; and
  10. (ix) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.

Leave to enter as a Fresh Talent: Working in Scotland scheme participant

$LegislativeList * 143B. A person seeking leave to enter the United Kingdom as a Fresh Talent: Working in Scotland scheme participant may be admitted for a period not exceeding 24 months provided the Immigration Officer is satisfied that each of the requirements of paragraph 143A is met.

Refusal of leave to enter as a Fresh Talent: Working in Scotland scheme participant

  1. 143C. Leave to enter as a Fresh Talent: Working in Scotland scheme participant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 143A is met.

Requirements for an extension of stay as a Fresh Talent: Working in Scotland scheme participant

  1. 143D. The requirements to be met by a person seeking an extension of stay as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
  2. (i) meets the requirements of paragraph 143A (i) to (vii); and
  3. (ii) has leave to enter or remain in the United Kingdom as either:
    1. (a) a student in accordance with paragraphs 57-69L of these Rules; or
    2. (b) a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O-135T of these Rules; or
    3. (c) a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A-143F of these Rules; and
  4. (iii) if he has previously been granted leave as either:
    1. (a) a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A-143F of these Rules; and/or
    2. (b) a Science and Engineering Graduates Scheme or International Graduates Scheme participant in accordance with paragraphs 135O-135T of these Rules is not seeking leave to remain under this paragraph which, when amalgamated with any previous periods of leave granted in either of these two categories, would total more than 24 months.

Extension of stay as a Fresh Talent: Working in Scotland scheme participant

  1. 143E. An extension of stay as a Fresh Talent: Working in Scotland scheme participant may be granted for a period not exceeding 24 months if the Secretary of State is satisfied that each of the requirements of paragraph 143D is met.

Refusal of an extension of stay as a Fresh Talent: Working in Scotland scheme participant

  1. 143F. An extension of stay as a Fresh Talent: Working in Scotland scheme participant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 143D is met.

Persons intending to establish themselves in business

Requirements for leave to enter the United Kingdom as a person intending to establish himself in business

  1. 200. For the purpose of paragraphs 201-210 a business means an enterprise as:
    1. a sole trader; or
    2. a partnership; or
    3. a company registered in the United Kingdom.
  1. 201. The requirements to be met by a person seeking leave to enter the United Kingdom to establish himself in business are:
  2. (i) that he satisfies the requirements of either paragraph 202 or paragraph 203; and
  3. (ii) that he has not less than £200,000 of his own money under his control and disposable in the United Kingdom which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the United Kingdom; and
  4. (iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
  5. (iv) that he will be actively involved full time in trading or providing services on his own account or in partnership, or in the promotion and management of the company as a director; and
  6. (v) that his level of financial investment will be proportional to his interest in the business; and
  7. (vi) that he will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
  8. (vii) that he will be able to bear his share of liabilities; and
  9. (viii) that there is a genuine need for his investment and services in the United Kingdom; and
  10. (ix) that his share of the profits of the business will be sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
  11. (x) that he does not intend to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business; and
  12. (xi) that he holds a valid United Kingdom entry clearance for entry in this capacity.
  13. 202. Where a person intends to take over or join as a partner or director an existing business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201, to produce:
  14. (i) a written statement of the terms on which he is to take over or join the business; and
  15. (ii) audited accounts for the business for previous years; and
  16. (iii) evidence that his services and investment will result in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs.
  17. 203. Where a person intends to establish a new business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201 above, to produce evidence:
  18. (i) that he will be bringing into the country sufficient funds of his own to establish a business; and
  19. (ii) that the business will create full time paid employment for at least 2 persons already settled in the United Kingdom.

Leave to enter the United Kingdom as a person seeking to establish himself in business

  1. 204. A person seeking leave to enter the United Kingdom to establish himself in business may be admitted for a period not exceeding 2 years with a condition restricting his freedom to take employment provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter the United Kingdom as a person seeking to establish himself in business

  1. 205. Leave to enter the United Kingdom as a person seeking to establish himself in business is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay in order to remain in business

  1. 206. The requirements for an extension of stay in order to remain in business in the United Kingdom are that the applicant can show:
  2. (i) that he entered the United Kingdom with a valid United Kingdom entry clearance as a businessman; and
  3. (ii) audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the United Kingdom; and
  4. (iii) that he is actively involved on a full time basis in trading or providing services on his own account or in partnership or in the promotion and management of the company as a director; and
  5. (iv) that his level of financial investment is proportional to his interest in the business; and
  6. (v) that he has either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
  7. (vi) that he is able to bear his share of any liability the business may incur; and
  8. (vii) that there is a genuine need for his investment and services in the United Kingdom; and
  9. (viii) (a) that where he has established a new business, new full time paid employment has been created in the business for at least 2 persons settled in the United Kingdom; or
    1. (b) that where he has taken over or joined an existing business, his services and investment have resulted in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs; and
  10. (ix) that his share of the profits of the business is sufficient to maintain and accommodate him and any dependants without recourse to employment (other than his work for the business) or to public funds; and
  11. (x) that he does not and will not have to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business.
  12. 206A. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a person who has leave to enter or remain for work permit employment are that the applicant:
  13. (i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
  14. (ii) meets each of the requirements of paragraph 201 (i)-(x).
  15. 206B. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a highly skilled migrant are that the applicant:
  16. (i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
  17. (ii) meets each of the requirements of paragraph 201 (i)-(x).
  18. 206C. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme are that the applicant:
  19. (i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
  20. (ii) meets each of the requirements of paragraph 201 (i)-(x).
  21. 206D. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for an innovator are that the applicant:
  22. (i) entered the United Kingdom or was given leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
  23. (ii) meets each of the requirements of paragraph 201 (i)-(x).
  24. 206E. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a student are that the applicant:
  25. (i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
  26. (ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
  27. (iii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
  28. (iv) meets each of the requirements of paragraph 201 (i)-(x).
  29. 206F. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a working holidaymaker are that the applicant:
  30. (i) entered the United Kingdom or was given leave to remain as a working holidaymaker in accordance with paragraphs 95 to 100 of these Rules; and
  31. (ii) has spent more than 12 months in total in the UK in this capacity; and
  32. (iii) meets each of the requirements of paragraph 201 (i)-(x).
  33. 206G. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
  34. (i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
  35. (ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
  36. (iii) meets each of the requirements of paragraph 201 (i)-(x).
  37. 206H. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a Postgraduate Doctor or Dentist are that the applicant:
  38. (i) entered the United Kingdom or was given leave to remain as a Postgraduate Doctor or Dentist in accordance with paragraphs 70 to 75 of these Rules; and
  39. (ii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
  40. (iii) meets each of the requirements of paragraph 201(i)-(x).
  41. 206I. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a Tier 1 (General) Migrant are that the applicant:
  42. (i) entered the United Kingdom or was given leave to remain as a Tier 1 (General) Migrant; and
  43. (ii) meets each of the requirements of paragraph 201(i)-(x).

Extension of stay in order to remain in business

  1. 207. An extension of stay in order to remain in business with a condition restricting his freedom to take employment may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D, 206E, 206F, 206G, 206H or 206I is met.

Refusal of extension of stay in order to remain in business

  1. 208.An extension of stay in order to remain in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D,206E, 206F, 206G, 206H or 206I is met.

Innovators

Requirements for leave to enter the United Kingdom as an innovator

  1. 210A. The requirements to be met by a person seeking leave to enter as an innovator are that the applicant:
  2. (i) is approved by the Home Office as a person who meets the criteria specified by the Secretary of State for entry under the innovator scheme at the time that approval is sought under that scheme;
  3. (ii) intends to set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
  4. (iii) intends to maintain a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay as an innovator; and
  5. (iv) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds or to other employment; and
  6. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as an innovator

  1. 210B. A person seeking leave to enter the United Kingdom as an innovator may be admitted for a period not exceeding 2 years, provided the Immigration Officer is satisfied that each of the requirements of paragraph 210A is met.

Refusal of leave to enter as an innovator

  1. 210C. Leave to enter as an innovator is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 210A are met.

Requirements for an extension of stay as an innovator

  1. 210D. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who was granted leave to enter under paragraph 210A, are that the applicant:
  2. (i) has established a viable trading business, by reference to the audited accounts and trading records of that business; and
  3. (ii) continues to meet the requirements of paragraph 210A (i) and (iv); and has set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
  4. (iii) has maintained a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay.
  5. 210DA. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who has leave for the purpose of work permit employment are that the applicant:
  6. (i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 132 of these Rules; and
  7. (ii) meets the requirements of paragraph 210A (i)-(iv).
  8. 210DB. The requirements for an extension of stay in the United Kingdom as an innovator in the case of a person who has leave as a student are that the applicant:
  9. (i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
  10. (ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
  11. (iii) has the written consent of his official sponsor to remain under the Innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
  12. (iv) meets the requirements of paragraph 210(i)-(iv).
  13. 210DC. The requirements to be met for an extension of stay as an innovator, for a person who has leave as a working holidaymaker are that the applicant:
  14. (i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
  15. (ii) meets the requirements of paragraph 210A(i)-(iv).
  16. 210DD. The requirements to be met for an extension of stay as an innovator, for a postgraduate doctor, postgraduate dentist or trainee general practitioner are that the applicant:
  17. (i) entered the United Kingdom or was given leave to remain as a postgraduate doctor, postgraduate dentist or trainee general practitioner in accordance with paragraphs 70 to 75 of these Rules; and
  18. (ii) has the written consent of his official sponsor to remain under the innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
  19. (iii) meets the requirements of paragraph 210(i)-(iv).
  20. 210DE. The requirements to be met for an extension of stay as an innovator, for a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme are that the applicant:
  21. (i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
  22. (ii) meets the requirements of paragraph 210A(i)-(iv).
  23. 210DF. The requirements to be met for an extension of stay as an innovator, for a highly skilled migrant are that the applicant:
  24. (i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135E of these Rules; and
  25. (ii) meets the requirements of paragraph 210A(i)-(iv)

Requirements for leave to enter the United Kingdom as an investor

  1. 224. The requirements to be met by a person seeking leave to enter the United Kingdom as an investor are that he:
  2. (i) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
  3. (b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
  4. (ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
  5. (ii) intends to invest not less than £750,000 of his capital in the United Kingdom by way of United Kingdom Government bonds, share capital or loan capital in active and trading United Kingdom registered companies (other than those principally engaged in property investment and excluding investment by the applicant by way of deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits); and
  6. (iii) intends to make the United Kingdom his main home; and
  7. (iv) is able to maintain and accommodate himself and any dependants without taking employment (other than self employment or business) or recourse to public funds; and
  8. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as an investor

  1. 225. A person seeking leave to enter the United Kingdom as an investor may be admitted for a period not exceeding 2 years with a restriction on his right to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as an investor

$EndLegislativeList * 226. Leave to enter as an investor is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. $EndLegislativeList

Requirements for an extension of stay as an investor

Extension of stay as an investor

  1. 227. The requirements for an extension of stay as an investor are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as an investor; and
  3. (ii) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
    1. (b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
    2. (ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
  4. (iii) has invested not less than £750,000 of his capital in the United Kingdom on the terms set out in paragraph 224 (ii) above and intends to maintain that investment on the terms set out in paragraph 224 (ii); and
  5. (iv) has made the United Kingdom his main home; and
  6. (v) is able to maintain and accommodate himself and any dependants without taking employment (other than his self employment or business) or recourse to public funds.
  7. 227A. The requirements to be met for an extension of stay as an investor, for a person who has leave to enter or remain in the United Kingdom as a work permit holder are that the applicant:
  8. (i) entered the United Kingdom or was granted leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
  9. (ii) meets the requirements of paragraph 224 (i)-(iv).
  10. 227B. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as a highly skilled migrant are that the applicant:
  11. (i) entered the United Kingdom or was granted leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
  12. (ii) meets the requirements of paragraph 224 (i)-(iv).
  13. 227C. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
  14. (i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 to 208 of these Rules; and
  15. (ii) meets the requirements of paragraph 224 (i)-(iv).
  16. 227D. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as an innovator are that the applicant:
  17. (i) entered the United Kingdom or was granted leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
  18. (ii) meets the requirements of paragraph 224 (i)-(iv).
  19. 227E. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as a Tier 1 (General) Migrant are that the applicant:
  20. (i) entered the United Kingdom or was granted leave to remain as a Tier 1 (General) Migrant; and
  21. (ii) meets the requirements of paragraph 224(i)-(iv).
  22. 228. An extension of stay as an investor, with a restriction on the taking of employment, may be granted for a period not exceeding 3 years at a time of 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C, 227D or 227E is met.

Refusal of extension of stay as an investor

  1. 229. An extension of stay as an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C, 227D or 227E is met.

Writers, composers and artists

Requirements for leave to enter the United Kingdom as a writer, composer or artist

  1. 232. The requirements to be met by a person seeking leave to enter the United Kingdom as a writer, composer or artist are that he:
  2. (i) has established himself outside the United Kingdom as a writer, composer or artist primarily engaged in producing original work which has been published (other than exclusively in newspapers or magazines), performed or exhibited for its literary, musical or artistic merit; and
  3. (ii) does not intend to work except as related to his self employment as a writer, composer or artist; and
  4. (iii) has for the preceding year been able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist; and
  5. (iv) will be able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist and without recourse to public funds; and
  6. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a writer, composer or artist

  1. 233. A person seeking leave to enter the United Kingdom as a writer, composer or artist may be admitted for a period not exceeding 2 years, subject to a condition restricting his freedom to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a writer, composer or artist

  1. 234. Leave to enter as a writer, composer or artist is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a writer, composer or artist

  1. 235. The requirements for an extension of stay as a writer, composer or artist are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a writer, composer or artist; and
  3. (ii) meets the requirements of paragraph 232 (ii)-(iv).

Extension of stay as a writer, composer or artist

  1. 236. An extension of stay as a writer, composer or artist may be granted for a period not exceeding 3 years with a restriction on his freedom to take employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 235 is met.

Refusal of extension of stay as a writer, composer or artist

  1. 237. An extension of stay as a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 235 is met.

Part 2 - Immigration rules as at 26 November 2008 relating to routes deleted on 27 November 2008

A) Requirements for leave to enter as an overseas qualified nurse or midwife.

  1. 69M.The requirements to be met by a person seeking leave to enter as an qualified nurse or midwife ar that the applicant:
  2. (i) has obtained confirmation from the Nursing and Midwifery Council that he is eligible:
    1. (a) for admission to the Overseas Nurses Programme; or
    2. (b) to undertake a period of supervided practice; or
    3. (c) to undertake an adaptation programme leading to registration as a midwife; and
  3. (ii) as been offered:
    1. (a) a supervised practice placement through an education provider that is recognised by the Nursing and Midwifery Council; or
    2. (b) a supervised practice placement in a setting approved by the Nursing and Midwifery Council; or
    3. (c) a midwifery daptation programme placement is a setting approved by the Nursing and Midwifery Council; and
  4. (iii) did not obtain acceptance of the offer referred to in paragraph 69 (ii) by misrepresentation; and
  5. (iv) is able and intends to undertake the supervised practice placement or midwife adaptation programme; and
  6. (v) does not intend to engage in business or take employment, except
    1. (a) in connection with the supervised practice placement or midwife adaptation programme; or
    2. (b) part-time work of a similer nature to the work undertaken on the supervised practice placement or midwife adaptation programme; and
  7. (vi) is able to maintain and accommodate himself and any dependants without recourse to public funds.

Leave to enter the United Kingdom as an overseas qualified nurse or midwife

  1. 69N. Leave to enter the United Kingdom as an overseas qualified nurse or midwife may be granted for a period not exceeding 18 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 69M is met.

Refusal of leave to enter as an overseas qualified nurse or midwife

  1. 69O. Leave to enter the United Kingdom as an overseas qualified nurse or midwife is to be refused if the Immigration Officer is not is satisfied that each of the requirements of paragraph 69M is met.

B) Requirements for an extension of stay as an overseas qualified nurse or midwife

  1. 69P. The requirements to be met by a person seeking an extension of stay as an overseas qualified nurse or midwife are that the applicant:
  2. (i) has leave to enter or remain in the United Kingdom as a prospective student in accordance with paragraphs 82-87 of these Rules; or
  3. (ii) has leave to enter or remain in the United Kingdom as a student in accordance with paragraphs 57 to 69L of these Rules; or
  4. (iii)(a) has leave to enter or remain in the United Kingdom as a work permit holder in accordance with paragraphs 128 to 135 of these Rules; or

C) Requirements for leave to enter the United Kingdom to take the PLAB Test

  1. 75A. The requirements to be met by a person seeking leave to enter in order to take the PLAB Test are that the applicant:
  2. (iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain:
    1. (c) as a work permit holder for employment in the United Kingdom as a doctor in accordance with paragraphs 128 to 135.

Requirements for an extension of stay in order to take the PLAB Test

  1. 75D. The requirements for an extension of stay in the United Kingdom in order to take the PLAB Test are that the applicant:
  2. (iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain:
    1. (c) as a work permit holder for employment in the United Kingdom as a doctor in accordance with paragraphs 128 to 135; and

Requirements for leave to enter to undertake a clinical or dental observer post

  1. 75G. The requirements to be met by a person seeking leave to enter to undertake a clinical attachment or dental observer post are that the applicant:
  2. (iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is granted leave to remain:
    1. (b) as a work permit holder for employment in the United Kingdom as a doctor or dentist in accordance with paragraphs 128 to 135; and

Requirements for an extension of stay in order to undertake a clinical attachment or dental observer post

  1. 75K. The requirements to be met by a person seeking an extension of stay to undertake a clinical attachment or dental observer post are that the applicant:
  2. (iv) intends to leave the United Kingdom at the end of his period of leave granted under this paragraph unless he is granted leave to remain:
    1. (b) as a work permit holder for employment in the United Kingdom as a doctor or dentist in accordance with paragraphs 128 to 135; and

D) Definition of an ‘au pair’ placement

  1. 88. For the purposes of these Rules an ‘au pair’ placement as an arrangement whereby a young person:
    1. (a) comes to the United Kingdom for the purpose of learning the English language; and
    2. (b) lives for a time as a member of an English speaking family with appropriate opportunities for study; and
    3. (c) helps in the home for a maximum of 5 hours per day in return for a reasonable allowance and with two free days a week.

Requirements for leave to enter as an ‘au pair’

  1. 89. The requirements to be met by a person seeking leave to enter the United Kingdom as an ‘au pair’ are that he:
    1. (i) is seeking entry for the purpose of taking up an arranged placement which can be shown to fall within the definition set out in paragraph 88; and
    2. (ii) is aged between 17-27 inclusive or was so aged when first given leave to enter this category; and
    3. (iii) is unmarried and is not a civil partner; and
    4. (iv) is without dependants; and
    5. (v) is a national of one of the following countries: Andorra, Bosnia-Herzegovina, Croatia, The Faroes, Greenland, Macedonia, Monaco, San Marino or Turkey; and
    6. (vi) does not intend to stay in the United Kingdom for more than 2 years as an ‘au pair’; and
    7. (vii) intends to leave the United Kingdom on completion of his stay as an ‘au pair’ ; and
    8. (viii) if he has previously spent time in the United Kingdom as an ‘au pair’, is not seeking leave to enter to a date beyond 2 years from the date on which he was first given leave to enter the United Kingdom in this capacity; and
    9. ix) is able to maintain and accommodate himself without recourse to public funds.

Leave to enter as an ‘au pair’

  1. 90. A person seeking leave to enter the United Kingdom as an ‘au pair’ may be admitted for a period not exceeding 2 years with a prohibition on employment except as an ‘au pair’ provided the Immigration Officer is satisfied that each of the requirements of paragraph 89 is met. (A non visa national who wishes to ascertain in advance whether a proposed ‘au pair’ placement is likely to meet the requirements of paragraph 89 is advised to obtain an entry clearance before travelling to the United Kingdom).

Refusal of leave to enter as an ‘au pair’

  1. 91. An application for leave to enter as an ‘au pair’ is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 89 is met.

E) Working Holidaymakers

Requirements for leave to enter as a working holidaymaker

  1. 95. The requirements to be met by a person seeking leave to enter the United Kingdom as a working holidaymaker are that he:
  2. (i) is a national or citizen of a country listed in Appendix 3 of these Rules, or a British Overseas Citizen; a British Overseas Territories Citizen; or a British National; and
  3. (ii) is aged between 17 and 30 inclusive or was so aged at the date of his application for leave to enter; and
  4. (iii)(a) is unmarried and is not a civil partner, or
    1. (b) is married to, or the civil partner of, a person who meets the requirements of this paragraph and the parties to the marriage or civil partnership intend to take a working holiday together; and
  5. (iv) has the means to pay for his return or onward journey, and
  6. (v) is able and intends to maintain and accommodate himself without recourse to public funds; and
  7. (vi) is intending only to take employment incidental to a holiday, and not to engage in business, or to provide services as a professional sportsperson, and in any event not to work for more than 12 months during his stay; and
  8. (vii) does not have dependent children any of whom are 5 years of age or over or who will reach 5 years of age before the applicant completes his working holiday; and
  9. (viii) intends to leave the UK at the end of his working holiday: and
  10. (ix) has not spent time in the United Kingdom on a previous working holidaymaker entry clearance; and
  11. (x) holds a valid United Kingdom entry clearance, granted for a limited period not exceeding 2 years, for entry in this capacity.

Leave to enter as a working holidaymaker

  1. 96. A person seeking to enter the United Kingdom as a working holidaymaker may be admitted provided he is able to produce on arrival a valid United Kingdom entry clearance granted for a period not exceeding 2 years for entry in this capacity.

Refusal of leave to enter as a working holidaymaker

  1. 97. Leave to enter as a working holidaymaker is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

F) Children of working holidaymakers

Requirements for leave to enter or remain as the child of a working holidaymaker

  1. 101. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a working holidaymaker are that:
  2. (i) he is the child of a parent admitted to, and currently present in, the United Kingdom as a working holidaymaker; and
  3. (ii) he is under the age of 5 and will leave the United Kingdom before reaching that age; and
  4. (iii) he can and will be maintained and accommodated adequately without recourse to public funds or without his parent(s) engaging in employment except as provided by paragraph 95 above; and
  5. (iv) both parents are being or have been admitted to the United Kingdom, save where:
    1. (a) the parent he is accompanying or joining is his sole surviving parent; or
    2. (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
    3. (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
  6. (v) he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity, and is seeking leave to a date not beyond the date to which his parent(s) have leave to enter in the working holidaymaker category.

Leave to enter or remain as the child of a working holidaymaker

  1. 102. A person seeking to enter the United Kingdom as the child of working holidaymaker/s must be able to produce on arrival a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter or remain as the child of a working holidaymaker

  1. 103. Leave to enter or remain in the United Kingdom as the child of a working holidaymaker is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for leave to remain, the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 101 (i)-(iv) is met.

G) Requirements for leave to enter as a teacher or language assistant under an approved exchange scheme

  1. 110. The requirements to be met by a person seeking leave to enter the United Kingdom as a teacher or language assistant on an approved exchange scheme are that he:
  2. (i) is coming to an educational establishment in the United Kingdom under an exchange scheme approved by the Department for Education and Skills, the Scottish or Welsh Office of Education or the Department of Education, Northern Ireland, or administered by the British Council’s Education and Training Group or the League for the Exchange of Commonwealth Teachers; and
  3. (ii) intends to leave the United Kingdom at the end of his exchange period; and
  4. (iii) does not intend to take employment except in the terms of this paragraph; and
  5. (iv) is able to maintain and accommodate himself and any dependants without recourse to public funds; and
  6. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a teacher or language assistant under an exchange scheme

  1. 111. A person seeking leave to enter the United Kingdom as a teacher or language assistant under an approved exchange scheme may be given leave to enter for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a teacher or language assistant under an approved exchange scheme

  1. 112. Leave to enter the United Kingdom as a teacher or language assistant under an approved exchange scheme is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for extension of stay as a teacher or language assistant under an approved exchange scheme

  1. 113. The requirements for an extension of stay as a teacher or language assistant under an approved exchange scheme are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a teacher or language assistant; and
  3. (ii) is still engaged in the employment for which his entry clearance was granted; and
  4. (iii) is still required for the employment in question, as certified by the employer; and
  5. (iv) meets the requirements of paragraph 110 (ii)-(iv); and
  6. (v) would not, as a result of an extension of stay, remain in the United Kingdom as an exchange teacher or language assistant for more than 2 years from the date on which he was first given leave to enter the United Kingdom in this capacity.

Extension of stay as a teacher or language assistant under an approved exchange scheme

  1. 114. An extension of stay as a teacher or language assistant under an approved exchange scheme may be granted for a further period not exceeding 12 months provided the Secretary of State is satisfied that each of the requirements of paragraph 113 is met.

Refusal of extension of stay as a teacher or language assistant under an approved exchange scheme

  1. 115. An extension of stay as a teacher or language assistant under an approved exchange scheme is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 113 is met.

H) Requirements for leave to enter for Home Office approved training or work experience

  1. 116. The requirements to be met by a person seeking leave to enter the United Kingdom for Home Office approved training or work experience are that he:
  2. (i) holds a valid work permit from the Home Office issued under the Training and Work Experience Scheme; and
  3. (ii) DELETED
  4. (iii) is capable of undertaking the training or work experience as specified in his work permit; and
  5. (iv) intends to leave the United Kingdom on the completion of his training or work experience; and
  6. (v) does not intend to take employment except as specified in his work permit; and
  7. (vi) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  8. (vii) holds a valid United Kingdom entry clearance for entry in this capacity except where he holds a work permit valid for 6 months or less or he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.

Leave to enter for Home Office approved training or work experience

  1. 117. A person seeking leave to enter the United Kingdom for the purpose of approved training or approved work experience under the Training or Work Experience Scheme may be admitted to the United Kingdom for a period not exceeding the period of training or work experience approved by the Home Office for this purpose(as specified in his work permit), subject to a condition restricting him to that approved employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, where entry clearance is not required, provided the Immigration Officer is satisfied that each of the requirements of paragraph 116(i)-(vi) is met.

Refusal of leave to enter for Home Office approved training or work experience

  1. 118. Leave to enter the United Kingdom for Home Office approved training or work experience under the Training and Work Experience scheme is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, where entry clearance is not required, if the Immigration Officer is not satisfied that each of the requirements of paragraph 116(i)-(vi) is met.

Requirements for extension of stay for Home Office approved training or work experience

  1. 119. The requirements for an extension of stay for Home Office approved training or work experience are that the applicant:
  2. (i) entered the United Kingdom with a valid work permit under paragraph 117 or was admitted or allowed to remain in the United Kingdom as a student; and
  3. (ii) has written approval from the Home Office for an extension of stay in this category; and
  4. (iii) meets the requirements of paragraph 116 (ii)-(vi).

Extension of stay for Home Office approved training or work experience

  1. 120. An extension of stay for approved training or approved work experience under the Training and Work Experience scheme may be granted for a further period not exceeding the extended period of training or work experience approved by the Home Office for this purpose (as specified in his work permit), provided that in each case the Secretary of State is satisfied that the requirements of paragraph 119 are met. An extension of stay is to be subject to a condition permitting the applicant to take or change employment only with the permission of the Home Office.

Refusal of extension of stay for Home Office approved training or work experience

  1. 121. An extension of stay for approved training or approved work experience under the Training and Work Experience scheme is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 119 is met.

I) Representatives of overseas newspapers, news agencies and broadcasting organisations

Requirements for leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 136. The requirements to be met by a person seeking leave to enter the United Kingdom as a representative of an overseas newspaper, news agency or broadcasting organisation are that he:
  2. (i) has been engaged by that organisation outside the United Kingdom and is being posted to the United Kingdom on a long term assignment as a representative; and
  3. (ii) intends to work full time as a representative of that overseas newspaper, news agency or broadcasting organisation; and
  4. (iii) does not intend to take employment except within the terms of this paragraph; and
  5. (iv) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  6. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 137. A person seeking leave to enter the United Kingdom as a representative of an overseas newspaper, news agency or broadcasting organisation may be admitted for a period not exceeding 2 years, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 138. Leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 139. The requirements for an extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a representative of an overseas newspaper, news agency or broadcasting organisation; and
  3. (ii) is still engaged in the employment for which his entry clearance was granted; and
  4. (iii) is still required for the employment in question, as certified by his employer; and
  5. (iv) meets the requirements of paragraph 136 (ii)-(iv).

Extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 140. An extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation may be granted for a period not exceeding 3 years provided the Secretary of State is satisfied that each of the requirements of paragraph 139 is met.

Refusal of extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 141. An extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 139 is met.

J) Private servants in diplomatic households

Requirements for leave to enter as a private servant in a diplomatic household

  1. 152. The requirements to be met by a person seeking leave to enter the United Kingdom as a private servant in a diplomatic household are that he:
  2. (i) is aged 18 or over; and
  3. (ii) is employed as a private servant in the household of a member of staff of a diplomatic or consular mission who enjoys diplomatic privileges and immunity within the meaning of the Vienna Convention on Diplomatic and Consular Relations or a member of the family forming part of the household of such a person; and
  4. (iii) intends to work full time as a private servant within the terms of this paragraph; and
  5. (iv) does not intend to take employment except within the terms of this paragraph; and
  6. (v) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  7. (vi) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a private servant in a diplomatic household

  1. 153. A person seeking leave to enter the United Kingdom as a private servant in a diplomatic household may be given leave to enter for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a private servant in a diplomatic household

  1. 154. Leave to enter as a private servant in a diplomatic household is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a private servant in a diplomatic household

  1. 155. The requirements for an extension of stay as a private servant in a diplomatic household are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a private servant in a diplomatic household; and
  3. (ii) is still engaged in the employment for which his entry clearance was granted; and
  4. (iii) is still required for the employment in question, as certified by the employer; and
  5. (iv) meets the requirements of paragraph 152 (iii)-(v).

Extension of stay as a private servant in a diplomatic household

  1. 156. An extension of stay as a private servant in a diplomatic household may be granted for a period not exceeding 12 months at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 155 is met.

Refusal of extension of stay as a private servant in a diplomatic household

  1. 157. An extension of stay as a private servant in a diplomatic household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 155 is met.

K) Overseas government employees

Requirements for leave to enter as an overseas government employee

  1. 160. For the purposes of these Rules an overseas government employee means a person coming for employment by an overseas government or employed by the United Nations Organisation or other international organisation of which the United Kingdom is a member.
  2. 161. The requirements to be met by a person seeking leave to enter the United Kingdom as an overseas government employee are that he:
  3. (i) is able to produce either a valid United Kingdom entry clearance for entry in this capacity or satisfactory documentary evidence of his status as an overseas government employee; and
  4. (ii) intends to work full time for the government or organisation concerned; and
  5. (iii) does not intend to take employment except within the terms of this paragraph; and
  6. (iv) can maintain and accommodate himself and any dependants adequately without recourse to public funds.

Leave to enter as an overseas government employee

  1. 162. A person seeking leave to enter the United Kingdom as an overseas government employee may be given leave to enter for a period not exceeding 2 years, provided he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity or satisfy the Immigration Officer that each of the requirements of paragraph 161 is met.

Refusal of leave to enter as an overseas government employee

  1. 163. Leave to enter as an overseas government employee is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or if the Immigration Officer is not satisfied that each of the requirements of paragraph 161 is met.

Requirements for an extension of stay as an overseas government employee

  1. 164. The requirements to be met by a person seeking an extension of stay as an overseas government employee are that the applicant:
  2. (i) was given leave to enter the United Kingdom under paragraph 162 as an overseas government employee; and
  3. (ii) is still engaged in the employment in question; and
  4. (iii) is still required for the employment in question, as certified by the employer; and
  5. (iv) meets the requirements of paragraph 161 (ii)-(iv).

Extension of stay as an overseas government employee

  1. 165. An extension of stay as an overseas government employee may be granted for a period not exceeding 3 years provided the Secretary of State is satisfied that each of the requirements of paragraph 164 is met.

Refusal of extension of stay as an overseas government employee

  1. 166. An extension of stay as an overseas government employee is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 164 is met.

L) Requirements for leave to enter as a minister of religion, missionary, or member of a religious order

  1. 170. The requirements to be met by a person seeking leave to enter the United Kingdom as a minister of religion, missionary or member of a religious order are that he:
  2. (i) (a) if seeking leave to enter as a Minister of Religion has either been working for at least one year as a minister of religion in any of the 5 years immediately prior to the date on which the application is made or, where ordination is prescribed by a religious faith as the sole means of entering the ministry, has been ordained as a minister of religion following at least one years full time or two years’ part time training for the ministry; or
    1. (b) if seeking leave to enter as a missionary has been trained as a missionary or has worked as a missionary and is being sent to the United Kingdom by an overseas organisation; or
    2. (c) if seeking leave to enter as a member of a religious order is coming to live in a community maintained by the religious order of which he is a member and, if intending to teach, does not intend to do so save at an establishment maintained by his order; and
  3. (ii) intends to work full time as a minister of religion, missionary or for the religious order of which he is a member; and
  4. (iii) does not intend to take employment except within the terms of this paragraph; and
  5. (iv) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  6. (iva) if seeking leave as a Minister of Religion can produce an International English Language Testing System certificate issued to him to certify that he has achieved level 6 competence in spoken and written English and that it is dated not more than two years prior to the date on which the application is made.
  7. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a minister of religion, missionary, or member of a religious order

  1. 171. A person seeking leave to enter the United Kingdom as a minister of religion, missionary or member of a religious order may be admitted for a period not exceeding 2 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a minister of religion, missionary or member of a religious order

  1. 172. Leave to enter as a minister of religion, missionary or member of a religious order is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a minister of religion where entry to the United Kingdom was granted in that capacity

  1. 173. The requirements for an extension of stay as a minister of religion, where entry to the United Kingdom was granted in that capacity, missionary or member of a religious order are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a minister of religion, missionary or member of a religious order; and
  3. (ii) is still engaged in the employment for which his entry clearance was granted; and
  4. (iii) is still required for the employment in question as certified by the leadership of his congregation, his employer or the head of his religious order; and
  5. (iv)(a) if he entered the United Kingdom as a minister of religion, missionary or member of a religious order in accordance with sub paragraph (i) prior to 23 August 2004 meets the requirements of paragraph 170(ii) - (iv); or
    1. (b) if he entered the United Kingdom as a minister of religion, missionary or member of a religious order in accordance with sub paragraph (i), on or after 23 August 2004 but prior to 19 April 2007, or was granted leave to remain in accordance with paragraph 174B between those dates, meets the requirements of paragraph 170 (ii) - (iv), and if a minister of religion met the requirement to produce an International English Language Testing System certificate certifying that he achieved level 4 competence in spoken English at the time he was first granted leave in this capacity; or
    2. (c) if he entered the United Kingdom as a minister of religion, missionary or member of a religious order in accordance with sub paragraph (i) on or after 19 April 2007, or was granted leave to remain in accordance with paragraph 174B on or after that date, meets the requirements of paragraph 170 (ii)-(iv), and if a minister of religion met the requirement to produce an International English Language Testing System certificate certifying that he achieved level 6 competence in spoken and written English at the time he was first granted leave in this capacity.

Extension of stay as a minister of religion, missionary or member of a religious order

  1. 174. An extension of stay as a minister of religion, missionary or member of a religious order may be granted for a period not exceeding 3 years provided the Secretary of State is satisfied that each of the requirements of paragraph 173 is met.
  2. Requirements for an extension of stay as a minister of religion where entry to the United Kingdom was not granted in that capacity
  3. 174A The requirements for an extension of stay as a minister of religion for an applicant who did not enter the United Kingdom in that capacity are that he:
  4. (i) entered the United Kingdom, or was given an extension of stay, in accordance with these Rules, except as a minister of religion or as a visitor or a short-term student, and has spent a continuous period of at least 12 months here pursuant to that leave immediately prior to the application being made; and
  5. (ii) has either been working for at least one year as a minister of religion in any of the 5 years immediately prior to the date on which the application is made (provided that, when doing so, he was not in breach of a condition of any subsisting leave to enter or remain) or, where ordination is prescribed by a religious faith as the sole means of entering the ministry, has been ordained as a minister of religion following at least one year’s full-time or two years part-time training for the ministry; and
  6. (iii) is imminently to be appointed, or has been appointed, to a position as a minister of religion in the United Kingdom and is suitable for such a position, as certified by the leadership of his prospective congregation; and
  7. (iv) meets the requirements of paragraph 170 (ii)-(iva)

Extension of stay as a minister of religion where leave to enter was not granted in that capacity

  1. 174B An extension of stay as a minister of religion may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 174A is met.

Refusal of extension of stay as a minister of religion, missionary or member of a religious order

  1. 175. An extension of stay as a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 173 or 174A is met.

M) Refusal of indefinite leave to remain for a minister of religion, missionary or member of a religious order

  1. 177. Indefinite leave to remain in the United Kingdom for a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 176 is met.
  2. 177A. For the purposes of these Rules: Visiting religious workers and religious workers in non-pastoral roles
  3. (i) a visiting religious worker means a person coming to the UK for a short period to perform religious duties at one or more locations in the UK;
  4. (ii) a religious worker in a non-pastoral role means a person employed in the UK by the faith he is coming here to work for, whose duties include performing religious rites within the religious community, but not preaching to a congregation.

Requirements for leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role

  1. 177B. The requirements to be met by a person seeking leave to enter as a visiting religious worker or a religious worker in a non-pastoral role are that the applicant:
  2. (i) (a) if seeking leave to enter as a visiting religious worker:
  3. (i) is an established religious worker based overseas; and
  4. (ii) submits a letter(s) from a senior member or senior representative of one or more local religious communities in the UK confirming that he is invited to perform religious duties as a visiting religious worker at one or more locations in the UK and confirming the expected duration of that employment; and
  5. (iii) if he has been granted leave as a visiting religious worker in the last 12 months, is not seeking leave to enter which, when amalgamated with his previous periods of leave in this category in the last 12 months, would total more than 6 months; or
  6. (b) if seeking leave to enter as a religious worker in a non-pastoral role:
  7. (i) has at least one year of full time training or work experience, or a period of part time training or work experience equivalent to one year full time training or work experience, accrued in the five years preceding the application in the faith with which he has employment in the UK; and
  8. (ii) can show that, at the time of his application, at least one full-time member of staff of the local religious community which the applicant is applying to join in the UK has a sufficient knowledge of English; and
  9. (iii) submits a letter from a senior member or senior representative of the local religious community which has invited him to the UK, confirming that he has been offered employment as religious worker in a non-pastoral role in that religious community, and confirming the duration of that employment; and
  10. (ii) does not intend to take employment except as a visiting religious worker or religious worker in a non-pastoral role, whichever is the basis of his application; and
  11. (iii) does not intend to undertake employment as a Minister of Religion, Missionary or Member of a Religious Order, as described in paragraphs 169-177 of these Rules; and
  12. (iv) is able to maintain and accommodate himself and any dependants without recourse to public funds, or will, with any dependants, be maintained and accommodated adequately by the religious community employing him; and
  13. (v) intends to leave the UK at the end of his leave in this category; and
  14. (vi) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.

Leave to enter as a visiting religious worker or a religious worker in a non-pastoral role

  1. 177C. Leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role may be granted:
    1. (a) as a visiting religious worker, for a period not exceeding 6 months; or
    2. (b) as a religious worker in a non-pastoral role, for a period not exceeding 12 months;
  2. provided the Immigration Officer is satisfied that each of the requirements of paragraph 177B is met.

Refusal of leave to enter as a visiting religious worker or a religious worker in a non-pastoral role

  1. 177D. Leave to enter as a visiting religious worker or a religious worker in a non pastoral role is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 177B is met.

Requirements for an extension of stay as a visiting religious worker or a religious worker in a non pastoral role

  1. 177E. The requirements to be met by a person seeking an extension of stay as a visiting religious worker or a religious worker in a non-pastoral role are that the applicant:
  2. (i) entered the United Kingdom with a valid entry clearance in this capacity or was given leave to enter as a visiting religious worker or a religious worker in a non-pastoral role; and
  3. (ii) intends to continue employment as a visiting religious worker or a religious worker in a non pastoral role; and
  4. (iii) if seeking an extension of stay as a visiting religious worker:
    1. (a) meets the requirement of paragraph 177B(i)(a)(i) above; and
    2. (b) submits a letter from a senior member or senior representative of one or more local religious communities in the UK confirming that he is still wanted to perform religious duties as a visiting religious worker at one or more locations in the UK and confirming the expected duration of that employment; and
    3. (c) would not, as the result of an extension of stay, be granted leave as a visiting religious worker which, when amalgamated with his previous periods of leave in this category in the last 12 months, would total more than 6 months; or
  5. (iv) if seeking an extension of stay as a religious worker in a non-pastoral role:
    1. (a) meets the requirements of paragraph 177B(i)(b)(i) and (ii); and
    2. (b) submits a letter from a senior member or senior representative of the local religious community for which he works in the UK confirming that his employment as a religious worker in a non-pastoral role in that religious community will continue, and confirming the duration of that employment; and
    3. (c) would not, as the result of an extension of stay, remain in the UK for a period of more than 24 months as a religious worker in a non-pastoral role; and
  6. (v) meets the requirements of paragraph 177B (ii) to (v); and

Extension of stay as a visiting religious worker or a religious worker in a non-pastoral role

  1. 177F. An extension of stay as a visiting religious worker or a religious worker in a non-pastoral role may be granted:
    1. (a) as a visiting religious worker, for a period not exceeding 6 months; or
    2. (b) as a religious worker in a non-pastoral role, for a period not exceeding 24 months;
  2. if the Secretary of State is satisfied that each of the requirements of paragraph 177E is met.

Refusal of an extension of stay as a visiting religious worker or a religious worker in a non pastoral role

  1. 177G. An extension of stay as a visiting religious worker or a religious worker in a non-pastoral role is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 177E is met.

N) Airport based operational ground staff of overseas-owned airlines

Requirements for leave to enter the United Kingdom as a member of the operational ground staff of an overseas-owned airline

  1. 178. The requirements to be met by a person seeking leave to enter the United Kingdom as a member of the operational ground staff of an overseas owned airline are that he:
  2. (i) has been transferred to the United Kingdom by an overseas-owned airline operating services to and from the United Kingdom to take up duty at an international airport as station manager, security manager or technical manager; and
  3. (ii) intends to work full time for the airline concerned; and
  4. (iii) does not intend to take employment except within the terms of this paragraph; and
  5. (iv) can maintain and accommodate himself and any dependants without recourse to public funds; and
  6. (v) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a member of the operational ground staff of an overseas owned airline

  1. 179. A person seeking leave to enter the United Kingdom as a member of the operational ground staff of an overseas owned airline may be given leave to enter for a period not exceeding 2 years, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
  2. Refusal of leave to enter as a member of the operational ground staff of an overseas owned airline
  3. 180. Leave to enter as a member of the operational ground staff of an overseas owned airline is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a member of the operational ground staff of an overseas owned airline

  1. 181. The requirements to be met by a person seeking an extension of stay as a member of the operational ground staff of an overseas owned airline are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a member of the operational ground staff of an overseas owned airline; and
  3. (ii) is still engaged in the employment for which entry was granted; and
  4. (iii) is still required for the employment in question, as certified by the employer; and
  5. (iv) meets the requirements of paragraph 178 (ii)-(iv).

Extension of stay as a member of the operational ground staff of an overseas owned airline

  1. 182. An extension of stay as a member of the operational ground staff of an overseas owned airline may be granted for a period not exceeding 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 181 is met.

Refusal of extension of stay as a member of the operational ground staff of an overseas owned airline

  1. 183. An extension of stay as a member of the operational ground staff of an overseas owned airline is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 181 is met.

O) Retired persons of independent means

Requirements for leave to enter the United Kingdom as a retired person of independent means

  1. 263. The requirements to be met by a person seeking leave to enter the United Kingdom as a retired person of independent means are that he:
  2. (i) is at least 60 years old; and
  3. (ii) has under his control and disposable in the United Kingdom an income of his own of not less than £25,000 per annum; and
  4. (iii) is able and willing to maintain and accommodate himself and any dependants indefinitely in the United Kingdom from his own resources with no assistance from any other person and without taking employment or having recourse to public funds; and
  5. (iv) can demonstrate a close connection with the United Kingdom; and
  6. (v) intends to make the United Kingdom his main home; and
  7. (vi) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a retired person of independent means

  1. 264. A person seeking leave to enter the United Kingdom as a retired person of independent means may be admitted subject to a condition prohibiting employment for a period not exceeding 5 years, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a retired person of independent means

  1. 265. Leave to enter as a retired person of independent means is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a retired person of independent means

  1. 266. The requirements for an extension of stay as a retired person of independent means are that the applicant:
  2. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a retired person of independent means; and
  3. (ii) meets the requirements of paragraph 263 (ii)-(iv); and
  4. (iii) has made the United Kingdom his main home.

Extension of stay as a retired person of independent means

  1. 266A. The requirements for an extension of stay as a retired person of independent means for a person in the United Kingdom as a work permit holder are that the applicant:
  2. (i) entered the United Kingdom or was granted leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
  3. (ii) meets the requirements of paragraph 263 (i) -(v).
  4. 266B. The requirements for an extension of stay as a retired person of independent means for a person in the United Kingdom as a highly skilled migrant are that the applicant:
  5. (i) entered the United Kingdom or was granted leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
  6. (ii) meets the requirements of paragraph 263 (i) - (v).
  7. 266C. The requirements for an extension of stay as a retired person of independent means for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
  8. (i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 to 208 of these Rules; and
  9. (ii) meets the requirements of paragraph 263 (i) - (v).
  10. 266D. The requirements for an extension of stay as a retired person of independent means for a person in the United Kingdom as an innovator are that the applicant:
  11. (i) entered the United Kingdom or was granted leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
  12. (ii) meets the requirements of paragraph 263 (i) - (v).
  13. 266E. The requirements for an extension of stay as a retired person of independent means for a person in the UK as a Tier 1 (General) Migrant, Tier 1 (Entrepreneur) Migrant or Tier 1 (Investor) Migrant are that the applicant:
  14. (i) entered the UK or was granted leave to remain as a Tier 1 (General) Migrant, Tier 1 (Entrepreneur) Migrant or Tier 1 (Investor) Migrant; and
  15. (ii) meets the requirements of paragraphs 263(i) to (v).
  16. 267. An extension of stay as a retired person of independent means, with a prohibition on the taking of employment, may be granted so as to bring the person’s stay in this category up to a maximum of 5 years in aggregate, provided the Secretary of State is satisfied that each of the requirements of paragraph 266 is met. An extension of stay as a retired person of independent means, with a prohibition on the taking of employment, may be granted for a maximum period of 5 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 266A, 266B, 266C, 266D or 266E is met.

Refusal of extension of stay as a retired person of independent means

  1. 268. An extension of stay as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 266, 266A, 266B, 266C, 266D or 266E is met.

Indefinite leave to remain for a retired person of independent means

  1. 269. Indefinite leave to remain may be granted, on application, to a person admitted as a retired person of independent means provided he:
  2. (i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
  3. (ii) has met the requirements of paragraph 266 throughout the 5 year period and continues to do so.

Refusal of indefinite leave to remain for a retired person of independent means

  1. 270. Indefinite leave to remain in the United Kingdom for a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 269 is met.

Part 3 - Immigration rules as at 30 March 2009 relating to Students, Student Nurses, Students Re-sitting an Examination, Students Writing-Up a Thesis, Postgraduate Doctors or Dentists, Sabbatical Officers and applicants under the Sectors-Based Scheme

Specified forms and procedures for applications or claims in connection with immigration

  1. 34B. Where an application form is specified, it must be sent by prepaid post to the United Kingdom Border Agency of the Home Office, or submitted in person at a public enquiry office of the United Kingdom Border Agency of the Home Office, save for the following exceptions:
  2. (i) an application may not be submitted at a public enquiry office of the United Kingdom Border Agency of the Home Office if it is an application for:
  3. (f) limited leave to remain as a Tier 5 (Temporary Worker) Migrant.

Requirements for leave to enter as a student

  1. 57. The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he:
  2. (i) has been accepted for a course of study, or a period of research, which is to be provided by or undertaken at an organisation which is included on the Register of Education and Training Providers, and is at either;
  3. (a) a publicly funded institution of further or higher education which maintains satisfactory records of enrolment and attendance of students and supplies these to the United Kingdom Border Agency when requested; or
  4. (b) a bona fide private education institution; or
  5. (c) an independent fee paying school outside the maintained sector which maintains satisfactory records of enrolment and attendance of students and supplies these to the United Kingdom Border Agency when requested; and
  6. (ii) is able and intends to follow either:
  7. (a) a recognised full-time degree course or postgraduate studies at a publicly funded institution of further or higher education; or
  8. (b) a period of study and/or research in excess of 6 months at a publicly funded institution of higher education where this forms part of an overseas degree course; or
  9. (c) a weekday full-time course involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject, or directly related subjects; or
  10. (d) a full-time course of study at an independent fee paying school; and
  11. (iii) if under the age of 16 years is enrolled at an independent fee paying school on a full time course of studies which meets the requirements of the Education Act 1944; and
  12. (iv) if he has been accepted to study externally for a degree at a private education institution, he is also registered as an external student with the UK degree awarding body; and
  13. (v) he holds a valid Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, he intends to undertake and the institution at which he wishes to undertake it; if he intends to undertake either,
  14. (i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules; or
  15. (ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules; or
  16. iii) a period of study or research, as described in paragraph 57(ii)(b), in one of the disciplines listed in paragraph 1 or 2 of Appendix 6 to these Rules, that forms part of an overseas postgraduate qualification; and
  17. (vi) intends to leave the United Kingdom at the end of his studies; and
  18. (vii) does not intend to engage in business or to take employment, except part-time or vacation work undertaken with the consent of the Secretary of State; and
  19. (viii) is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds; and
  20. (ix) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a student

  1. 58. A person seeking leave to enter the United Kingdom as a student may be admitted for an appropriate period depending on the length of his course of study and his means, and with a condition restricting his freedom to take employment, provided he is able to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a student

  1. 59. Leave to enter as a student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 57 is met.

Requirements for an extension of stay as a student

  1. 60. The requirements for an extension of stay as a student are that the applicant:
  2. (i)(a) was last admitted to the United Kingdom in possession of a valid student entry clearance in accordance with paragraphs 57-62 or valid prospective student entry clearance in accordance with paragraphs 82-87 of these Rules; or
  3. (b) has previously been granted leave to enter or remain in the United Kingdom to re-sit an examination in accordance with paragraphs 69A-69F of these Rules; or
  4. (c) if he has been accepted on a course of study at degree level or above, has previously been granted leave to enter or remain in the United Kingdom in accordance with paragraphs 87A-87F, 128-135, 135O-135T and 143A to 143F or 245V to 245ZA of these Rules; or
  5. (d) has valid leave as a student in accordance with paragraphs 57-62 of these Rules; and
  6. (ii) meets the requirements for admission as a student set out in paragraph 57 (i)-(viii); and
  7. (iii) has produced evidence of his enrolment on a course which meets the requirements of paragraph 57; and
  8. (iv) can produce satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
  9. (v) can show evidence of satisfactory progress in his course of study including the taking and passing of any relevant examinations; and
  10. (vi) would not, as a result of an extension of stay, spend more than 2 years on short courses below degree level (ie courses of less than 1 years duration, or longer courses broken off before completion); and
  11. (vii) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available.

Extension of stay as a student

  1. 61. An extension of stay as a student may be granted, subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 60.

Refusal of extension of stay as a student

  1. 62. An extension of stay as a student is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 60 is met.

Student nurses

Definition of student nurse

  1. 63. For the purposes of these Rules the term student nurse means a person accepted for training as a student nurse or midwife leading to a registered nursing qualification.
  2. Requirements for leave to enter as a student nurse
  3. 64. The requirements to be met by a person seeking leave to enter the United Kingdom as a student nurse are that the person:
  4. (i) comes within the definition set out in paragraph 63 above; and
  5. (ii) has been accepted for a course of study in a recognised nursing educational establishment offering nursing training which meets the requirements of the Nursing and Midwifery Council.
  6. (iii) did not obtain acceptance on the course of study referred to in (ii) above by misrepresentation;
  7. (iv) is able and intends to follow the course; and
  8. (v) does not intend to engage in business or take employment except in connection with the training course; and
  9. (vi) intends to leave the United Kingdom at the end of the course; and
  10. (vii) has sufficient funds available for accommodation and maintenance for himself and any dependants without engaging in business or taking employment (except in connection with the training course) or having recourse to public funds. The possession of a Department of Health bursary may be taken into account in assessing whether the student meets the maintenance requirement.

Leave to enter the United Kingdom as a student nurse

  1. 65. A person seeking leave to enter the United Kingdom as a student nurse may be admitted for the duration of the course, with a restriction on his freedom to take employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 64 is met.

Refusal of leave to enter as a student nurse

  1. 66. Leave to enter as a student nurse is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 64 is met.

Requirements for an extension of stay as a student nurse

  1. 67. The requirements for an extension of stay as a student nurse are that the applicant:
  2. (i) was last admitted to the United Kingdom in possession of a valid student entry clearance, or valid prospective student entry clearance in accordance with paragraphs 82 to 87 of these Rules, if he is a person specified in Appendix 1 to these Rules; and
  3. (ii) meets the requirements set out in paragraph 64 (i)-(vii);and
  4. (iii) has produced evidence of enrolment at a recognised nursing educational establishment; and
  5. (iv) can provide satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
  6. (v) would not, as a result of an extension of stay, spend more than 4 years in obtaining the relevant qualification; and
  7. (vi) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and evidence that sufficient sponsorship funding is available.

Extension of stay as a student nurse

  1. 68. An extension of stay as a student nurse may be granted, subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 67.

Refusal of extension of stay as a student nurse

  1. 69. An extension of stay as a student nurse is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 67 is met.

Re-sits of examinations

Requirements for leave to enter to re-sit an examination

  1. 69A. The requirements to be met by a person seeking leave to enter the United Kingdom in order to re-sit an examination are that the applicant:
    1. (i) (a) meets the requirements for admission as a student set out in paragraph 57(i)-(viii); or
    2. __ (b) met the requirements for admission as a student set out in paragraph 57 (i)-(iii) in the previous academic year and continues to meet the requirements of paragraph 57 (iv)-(viii)
    3. save, for the purpose of paragraphs (i) (a) or (b) above, where leave was last granted in accordance with paragraphs 57-62 of these Rules before 30 November 2007, the requirements of paragraph 57(v) do not apply; and
    4. (ii) has produced written confirmation from the education institution or independent fee paying school which he attends or attended in the previous academic year that he is required to re-sit an examination; and
    5. (iii) can provide satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
    6. (iv) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available; and
    7. (v) has not previously been granted leave to re-sit the examination.

Leave to enter to re-sit an examination

  1. 69B. A person seeking leave to enter the United Kingdom in order to re-sit an examination may be admitted for a period sufficient to enable him to re-sit the examination at the first available opportunity with a condition restricting his freedom to take employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 69A is met.

Refusal of leave to enter to re-sit an examination

  1. 69C. Leave to enter to re-sit an examination is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 69A is met.

Requirements for an extension of stay to re-sit an examination

  1. 69D. The requirements for an extension of stay to re-sit an examination are that the applicant:
  2. (i) was admitted to the United Kingdom with a valid student entry clearance if he was then a visa national; and
  3. (ii) meets the requirements set out in paragraph 69A (i)-(v).

Extension of stay to re-sit an examination

  1. 69E. An extension of stay to re-sit an examination may be granted for a period sufficient to enable the applicant to re-sit the examination at the first available opportunity, subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 69D.

Refusal of extension of stay to re-sit an examination

  1. 69F. An extension of stay to re-sit an examination is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69D is met.

Writing up a thesis

Requirements for leave to enter to write up a thesis

  1. 69G. The requirements to be met by a person seeking leave to enter the United Kingdom in order to write up a thesis are that the applicant:
  2. (i) (a) meets the requirements for admission as a student set out in paragraph 57(i)-(viii); or
  3. (b) met the requirements for admission as a student set out in paragraph 57 (i)-(iii) in the previous academic year and continues to meet the requirements of paragraph 57 (iv)-(viii) save, for the purpose of paragraphs (i) (a) or (b) above, where leave was last granted in accordance with paragraphs 57-62 of these Rules before 30 November 2007, the requirements of paragraph 57(v) do not apply; and
  4. (ii) can provide satisfactory evidence that he is a postgraduate student enrolled at an education institution as either a full time, part time or writing up student; and
  5. (iii) can demonstrate that his application is supported by the education institution; and
  6. (iv) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available; and
  7. (v) has not previously been granted 12 months leave to write up the same thesis.

Leave to enter to write up a thesis

  1. 69H. A person seeking leave to enter the United Kingdom in order to write up a thesis may be admitted for 12 months with a condition restricting his freedom to take employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 69G is met.

Refusal of leave to enter to write up a thesis

  1. 69I. Leave to enter to write up a thesis is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 69G is met.

Requirements for an extension of stay to write up a thesis

  1. 69J. The requirements for an extension of stay to write up a thesis are that the applicant:
  2. (i) was admitted to the United Kingdom with a valid student entry clearance if he was then a visa national; and
  3. (ii) meets the requirements set out in paragraph 69G (i)-(v).

Extension of stay to write up a thesis

  1. 69K. An extension of stay to write up a thesis may be granted for 12 months subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 69J.

Refusal of extension of stay to write up a thesis

  1. 69L. An extension of stay to write up a thesis is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69J is met.

Postgraduate doctors, dentists and trainee general practitioners

Requirements for leave to enter the United Kingdom as a postgraduate doctor or dentist

  1. 70.The requirements to be met by a person seeking leave to enter the UK as a postgraduate doctor or dentist are that the applicant:
  2. (i) has successfully completed and obtained a recognised UK degree in medicine or dentistry from either:
  3. (a) a UK publicly funded institution of further or higher education; or
  4. (b) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance; and
  5. (ii) has previously been granted leave:
  6. (a) in accordance with paragraphs 57 to 69L of these Rules for the final academic year of the studies referred to in (i) above; and
  7. (b) as a student under paragraphs 57 to 62 of these Rules for at least one other academic year (aside from the final year) of the studies referred to in (i) above; and
  8. (iii) holds a letter from the Postgraduate Dean confirming he has a full-time place on a recognised Foundation Programme; and
  9. (iv) intends to train full time in his post on the Foundation Programme; and
  10. (v) is able to maintain and accommodate himself and any dependants without recourse to public funds; and
  11. (vi) intends to leave the United Kingdom if, on expiry of his leave under this paragraph, he has not been granted leave to remain in the United Kingdom as:
  12. (a) a doctor or dentist undertaking a period of clinical attachment or a dental observer post in accordance with paragraphs 75G to 75M of these Rules; or
  13. (b) a Tier 2 Migrant
  14. (c) a Tier 1 (General) Migrant or Tier (1) (Entrepreneur) Migrant; and
  15. (vii) if his study at medical school or dental school, or any subsequent studies he has undertaken, were sponsored by a government or international scholarship agency, he has the written consent of his sponsor to enter or remain in the United Kingdom as a postgraduate doctor or dentist; and
  16. (viii) if he has not previously been granted leave in this category has completed his medical or dental degree in the 12 months preceding this application; and
  17. (ix) if he has previously been granted leave as a postgraduate doctor or dentist, is not seeking leave to enter to a date beyond 3 years from that date on which he was first granted leave to enter or remain in this category; and
  18. (x) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British Overseas Territories Citizen, a British Overseas Citizen, a British Protected Person or a person who under the British Nationality Act 1981 is a British Subject.

Leave to enter as a postgraduate doctor or dentist

  1. 71. Leave to enter the United Kingdom as a postgraduate doctor or dentist may be granted for the duration of the Foundation Programme, for a period not exceeding 26 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 70 is met.

Refusal of leave to enter as a postgraduate doctor or dentist

  1. 72. Leave to enter as a postgraduate doctor or dentist is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 70 is met.

Requirements for an extension of stay as a postgraduate doctor or dentist

  1. 73.The requirements to be met by a person seeking an extension of stay as a postgraduate doctor or dentist are that the applicant:
  2. (i) meets the requirements of paragraph 70 (i) to (vii); and
  3. (ii) has leave to enter or remain in the United Kingdom as either:
  4. (a) a student in accordance with paragraphs 57 to 69L of these Rules; or
  5. (b) as a postgraduate doctor or dentist in accordance with paragraphs 70 to 75 of these Rules; or
  6. (c) as a doctor or dentist undertaking a period of clinical attachment or a dental observer post in accordance with paragraphs 75G to 75M of these Rules.
  7. (iii) if he has not previously been granted leave in this category, has completed his medical or dental degree in the last 12 months;
  8. (iv) would not, as a result of an extension of stay, remain in the United Kingdom as a postgraduate doctor or dentist to a date beyond 3 years from the date on which he was first given leave to enter or remain in this capacity.

Extension of stay as a postgraduate doctor or dentist

  1. 74. An extension of stay as a postgraduate doctor or dentist may be granted for the duration of the Foundation Programme, for a period not exceeding 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 73 is met.

Refusal of an extension of stay as a postgraduate doctor or dentist

  1. 75. An extension of stay as a postgraduate doctor or dentist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 73 is met.

Requirements for leave to enter the United Kingdom to take the PLAB Test

  1. 75A. The requirements to be met by a person seeking leave to enter in order to take the PLAB Test are that the applicant:
  2. (i) is a graduate from a medical school and intends to take the PLAB Test in the United Kingdom; and
  3. (ii) can provide documentary evidence of a confirmed test date or of his eligibility to take the PLAB Test; and
  4. (iii) meets the requirements of paragraph 41 (iii)-(vii) for entry as a visitor; and
  5. (iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain:
  6. (a) as a postgraduate doctor or trainee general practitioner in accordance with paragraphs 70 to 75; or
  7. (b) to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules; or

Leave to enter to take the PLAB Test

  1. 75B. A person seeking leave to enter the United Kingdom to take the PLAB Test may be admitted for a period not exceeding 6 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 75A is met.

Refusal of leave to enter to take the PLAB Test

  1. 75C. Leave to enter the United Kingdom to take the PLAB Test is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 75A is met.

Requirements for an extension of stay in order to take the PLAB Test

  1. 75D. The requirements for an extension of stay in the United Kingdom in order to take the PLAB Test are that the applicant:
  2. (i) was given leave to enter the United Kingdom for the purposes of taking the PLAB Test in accordance with paragraph 75B of these Rules; and
  3. (ii) intends to take the PLAB Test and can provide documentary evidence of a confirmed test date; and
  4. (iii) meets the requirements set out in paragraph 41 (iii)-(vii); and
  5. (iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain:
  6. (a) as a postgraduate doctor or trainee general practitioner in accordance with paragraphs 70 to 75; or
  7. (b) to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules; or
  8. (v) would not as a result of an extension of stay spend more than 18 months in the United Kingdom for the purpose of taking the PLAB Test.

Extension of stay to take the PLAB Test

  1. 75E. A person seeking leave to remain in the United Kingdom to take the PLAB Test may be granted an extension of stay for a period not exceeding 6 months, provided the Secretary of State is satisfied that each of the requirements of paragraph 75D is met.

Refusal of extension of stay to take the PLAB Test

  1. 75F. Leave to remain in the United Kingdom to take the PLAB Test is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 75D is met.

Requirements for leave to enter to undertake a clinical attachment or dental observer post

  1. 75G. The requirements to be met by a person seeking leave to enter to undertake a clinical attachment or dental observer post are that the applicant:
  2. (i) is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the United Kingdom; and
  3. (ii) can provide documentary evidence of the clinical attachment or dental observer post which will:
  4. (a) be unpaid; and
  5. (b) only involve observation, not treatment, of patients; and
  6. (iii) meets the requirements of paragraph 41 (iii )-(vii) of these Rules; and
  7. (iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is granted leave to remain:
  8. (a) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75;
  9. (v) if he has previously been granted leave in this category, is not seeking leave to enter which, when amalgamated with those previous periods of leave, would total more than 6 months.

Leave to enter to undertake a clinical attachment or dental observer post

  1. 75H. A person seeking leave to enter the United Kingdom to undertake a clinical attachment or dental observer post may be admitted for the period of the clinical attachment or dental observer post, up to a maximum of 6 weeks at a time or 6 months in total in this category, provided the Immigration Officer is satisfied that each of the requirements of paragraph 75G is met.

Refusal of leave to enter to undertake a clinical attachment or dental observer post

  1. 75J. Leave to enter the United Kingdom to undertake a clinical attachment or dental observer post is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 75G is met.

Requirements for an extension of stay in order to undertake a clinical attachment or dental observer post

  1. 75K. The requirements to be met by a person seeking an extension of stay to undertake a clinical attachment or dental observer post are that the applicant:
  2. (i) was given leave to enter or remain in the United Kingdom to undertake a clinical attachment or dental observer post or:
  3. (a) for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F and has passed both parts of the PLAB Test;
  4. (b) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75; or
  5. (c) as a work permit holder for employment in the UK as a doctor or dentist in accordance with paragraphs 128 to 135; and
  6. (ii) is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the United Kingdom; and
  7. (iii) can provide documentary evidence of the clinical attachment or dental observer post which will:
  8. (a) be unpaid; and
  9. (b) only involve observation, not treatment, of patients; and
  10. (iv) intends to leave the United Kingdom at the end of his period of leave granted under this paragraph unless he is granted leave to remain:
  11. (a) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75; or
  12. (v) meets the requirements of paragraph 41 (iii) - (vii) of these Rules; and
  13. (vi) if he has previously been granted leave in this category, is not seeking an extension of stay which, when amalgamated with those previous periods of leave, would total more than 6 months.

Extension of stay to undertake a clinical attachment or dental observer post

  1. 75L. A person seeking leave to remain in the United Kingdom to undertake a clinical attachment or dental observer post up to a maximum of 6 weeks at a time or 6 months in total in this category, may be granted an extension of stay for the period of their clinical attachment or dental observer post, provided that the Secretary of State is satisfied that each of the requirements of paragraph 75K is met.

Refusal of extension of stay to undertake a clinical attachment or dental observer post

75M. Leave to remain in the United Kingdom to undertake a clinical attachment or dental observer post is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 75K is met.

Requirements for leave to enter as a prospective student

  1. 82. The requirements to be met by a person seeking leave to enter the United Kingdom as a prospective student are that he:
  2. (i) can demonstrate a genuine and realistic intention of undertaking, within 6 months of his date of entry:
  3. (b) a supervised practice placement or midwife adaptation course which would meet the requirements for an extension of stay as an overseas qualified nurse or midwife under paragraphs 69P to 69R of these Rules; and
  4. (ii) intends to leave the United Kingdom on completion of his studies or on the expiry of his leave to enter if he is not able to meet the requirements for an extension of stay:
  5. (b) as an overseas qualified nurse or midwife in accordance with paragraph 69P of these Rules; and

Requirements for extension of stay as a prospective student

  1. 85. Six months is the maximum permitted leave which may be granted to a prospective student. The requirements for an extension of stay as a prospective student are that the applicant:
    1. (i) was admitted to the United Kingdom with a valid prospective student entry clearance; and
    2. (ii) meets the requirements of paragraph 82; and
    3. (iii) would not, as a result of an extension of stay, spend more than 6 months in the United Kingdom; and
    4. (iv) must not be in the UK in breach of immigration laws except that any period of overstaying for a period of 28 days or less will be disregarded.

Extension of stay as a prospective student

  1. 86. An extension of stay as a prospective student may be granted, with a prohibition on employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 85 is met.

Refusal of extension of stay as a prospective student

  1. 87. An extension of stay as a prospective student is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 85 is met.

Students’ unions sabbatical officers

Requirements for leave to enter as a sabbatical officer

  1. 87A. The requirements to be met by a person seeking leave to enter the United Kingdom as a sabbatical officer are that the person:
  2. (i) has been elected to a full-time salaried post as a sabbatical officer at an educational establishment at which he is registered as a student;
  3. (ii) meets the requirements set out in paragraph 57 (i)-(ii) or met the requirements set out in paragraph 57 (i)-(ii) in the academic year prior to the one in which he took up or intends to take up sabbatical office; and
  4. (iii) does not intend to engage in business or take employment except in connection with his sabbatical post; and
  5. (iv) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
  6. (v) at the end of the sabbatical post he intends to:
  7. (a) complete a course of study which he has already begun; or
  8. (b) take up a further course of study which has been deferred to enable the applicant to take up the sabbatical post; or
  9. (c) leave the United Kingdom; and
  10. (vi) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor to take up a sabbatical post in the United Kingdom; and
  11. (vii) has not already completed 2 years as a sabbatical officer.

Leave to enter the United Kingdom as a sabbatical officer

  1. 87B. A person seeking leave to enter the United Kingdom as a sabbatical officer may be admitted for a period not exceeding 12 months on conditions specifying his employment provided the Immigration Officer is satisfied that each of the requirements of paragraph 87A is met.

Refusal of leave to enter the United Kingdom as a sabbatical officer

  1. 87C. Leave to enter as a sabbatical officer is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 87A is met.

Requirements for an extension of stay as a sabbatical officer

  1. 87D. The requirements for an extension of stay as a sabbatical officer are that the applicant:
  2. (i) was admitted to the United Kingdom with a valid student entry clearance if he was then a visa national; and
  3. (ii) meets the requirements set out in paragraph 87A (i)-(vi); and
  4. (iii) would not, as a result of an extension of stay, remain in the United Kingdom as a sabbatical officer to a date beyond 2 years from the date on which he was first given leave to enter the United Kingdom in this capacity.

Extension of stay as a sabbatical officer

  1. 87E. An extension of stay as a sabbatical officer may be granted for a period not exceeding 12 months on conditions specifying his employment provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 87D.

Refusal of extension of stay as a sabbatical officer

  1. 87F. An extension of stay as a sabbatical officer is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 87D is met

Requirements for leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme

  1. 135I. The requirements to be met by a person seeking leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme are that he:
  2. (i) holds a valid Home Office immigration employment document issued under the Sectors-Based Scheme; and
  3. (ii) is aged between 18 and 30 inclusive or was so aged at the date of his application for leave to enter; and
  4. (iii) is capable of undertaking the employment specified in the immigration employment document; and
  5. (iv) does not intend to take employment except as specified in his immigration employment document; and
  6. (v) is able to maintain and accommodate himself adequately without recourse to public funds; and
  7. (vi) intends to leave the United Kingdom at the end of his approved employment; and
  8. (vii) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter for the purpose of employment under the Sectors-Based Scheme

  1. 135J. A person seeking leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme may be admitted for a period not exceeding 12 months (normally as specified in his work permit), subject to a condition restricting him to employment approved by the Home Office, provided the Immigration Officer is satisfied that each of the requirements of paragraph 135I is met.

Refusal of leave to enter for the purpose of employment under the Sectors-Based Scheme

  1. 135K. Leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135I is met.

Requirements for an extension of stay for Sector-Based employment

  1. 135L. The requirements for an extension of stay for Sector-Based employment are that the applicant:
  2. (i) entered the United Kingdom with a valid Home Office immigration employment document issued under the sectors-Based Scheme and;
  3. (ii) has written approval from the Home Office for the continuation of his employment under the Sectors-Based Scheme; and
  4. (iii) meets the requirements of paragraph 135I (ii) to (vi); and
  5. (iv) would not, as a result of the extension of stay sought, remain in the United Kingdom for Sector-Based Scheme employment to a date beyond 12 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity.

Extension of stay for Sectors-Based Scheme employment

  1. 135M. An extension of stay for Sectors-Based Scheme employment may be granted for a period not exceeding the period of approved employment recommended by the Home Office provided the Secretary of State is satisfied that each of the requirements of paragraph 135L are met. An extension of stay is to be subject to a condition restricting the applicant to employment approved by the Home Office.

Refusal of extension of stay for Sectors-Based Scheme employment

  1. 135N. An extension of stay for Sector-Based Scheme employment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135L is met.

245ZG. Period and conditions of grant

  1. (b) The cases referred to in paragraph (a) are those where the applicant has, or was last granted, entry clearance, leave to enter or leave to remain as:
  2. (iii) a Minister of Religion, Missionary or Member of a Religious Order, provided he is still working for the same employer,

Attributes for Tier 1 (Investor) Migrants

  1. 47. A regulated financial institution is one which is regulated by the appropriate regulatory body for the country in which the financial institution operates. For example, where a financial institution does business in the UK, the appropriate regulator is the Financial Services Authority.

Part 4 - Immigration Rules as at 5 April 2012 relating to Overseas qualified nurses or midwives, Seasonal agricultural workers, Work permit employment, Multiple Entry work permit Employment, and Tier 1 (Post Study Work) Migrants

Overseas qualified nurse or midwife

Requirements for leave to enter as an overseas qualified nurse or midwife

  1. 69M. Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 69P.

Leave to enter the United Kingdom as an overseas qualified nurse or midwife

  1. 69N. DELETED.

Refusal of leave to enter as an overseas qualified nurse or midwife

  1. 69O. DELETED.

Requirements for an extension of stay as an overseas qualified nurse or midwife

  1. 69P. The requirements to be met by a person seeking an extension of stay as an overseas qualified nurse or midwife are that the applicant:
    1. (i)-(iii) Deleted by HC 1113
    2. (iv) has leave to enter or remain as an overseas qualified nurse or midwife in accordance with paragraphs 69M - 69R of these Rules; and
    3. (v) meets the requirements set out in paragraph 69M (i) - (vi); and
    4. (vi) can provide satisfactory evidence of regular attendance during any previous period of supervised practice or midwife adaptation course; and
    5. (vii) if he has previously been granted leave:
      1. (a) as an overseas qualified nurse or midwife under paragraphs 69M - 69R of these Rules, or
      2. (b) to undertake an adaptation course as a student nurse under paragraphs 63 - 69 of these Rules; and is not seeking an extension of stay in this category which, when amalgamated with those previous periods of leave, would total more than 18 months; and
    6. (viii) if his previous studies, supervised practice placement or midwife adaptation programme placement were sponsored by a government or international scholarship agency, he has the written consent of his official sponsor to remain in the United Kingdom as an overseas qualified nurse or midwife.

Extension of stay as an overseas qualified nurse or midwife

  1. 69Q. An extension of stay as an overseas qualified nurse or midwife may be granted for a period not exceeding 18 months, provided that the Secretary of State is satisfied that each of the requirements of paragraph 69P is met.

Refusal of extension of stay as an overseas qualified nurse or midwife

  1. 69R. An extension of stay as an overseas qualified nurse or midwife is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69P is met.

Seasonal agricultural workers

Requirements for leave to enter as a seasonal agricultural worker

  1. 104. The requirements to be met by a person seeking leave to enter the United Kingdom as a seasonal agricultural worker are that he:
    1. (i) is a student in full time education aged 18 or over; and
    2. (ii) holds an immigration employment document in the form of a valid Home Office work card issued by the operator of a scheme approved by the Secretary of State; and
    3. (iii) intends to leave the United Kingdom at the end of his period of leave as a seasonal worker; and
    4. (iv) does not intend to take employment except as permitted by his work card and within the terms of this paragraph; and
    5. (v) is not seeking leave to enter on a date less than 3 months from the date on which an earlier period of leave to enter or remain granted to him in this capacity expired; and
    6. (vi) is able to maintain and accommodate himself without recourse to public funds.

Leave to enter as a seasonal agricultural worker

  1. 105. A person seeking leave to enter the United Kingdom as a seasonal agricultural worker may be admitted with a condition restricting his freedom to take employment for a period not exceeding 6 months providing the Immigration Officer is satisfied that each of the requirements of paragraph 104 is met.

Refusal of leave to enter as a seasonal agricultural worker

  1. 106. Leave to enter the United Kingdom as a seasonal agricultural worker is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 104 is met.

Requirements for extension of stay as a seasonal agricultural worker

  1. 107. The requirements for an extension of stay as a seasonal agricultural worker are that the applicant:
    1. (i) entered the United Kingdom as a seasonal agricultural worker under paragraph 105; and
    2. (ii) meets the requirements of paragraph 104 (iii)-(vi); and
    3. (iii) would not, as a result of an extension of stay sought, remain in the United Kingdom as a seasonal agricultural worker beyond 6 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity.

Extension of stay as a seasonal agricultural worker

  1. 108. An extension of stay as a seasonal agricultural worker may be granted with a condition restricting his freedom to take employment for a period which does not extend beyond 6 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 107.

Refusal of extension of stay as a seasonal worker

  1. 109. An extension of stay as a seasonal worker is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 107 is met.

Work permit employment

Requirements for leave to enter the United Kingdom for work permit employment

  1. 128. The requirements to be met by a person coming to the United Kingdom to seek or take employment (unless he is otherwise eligible for admission for employment under these Rules or is eligible for admission as a seaman under contract to join a ship due to leave British waters) are that he:
    1. (i) holds a valid Home Office work permit; and
    2. (ii) is not of an age which puts him outside the limits for employment; and
    3. (iii) is capable of undertaking the employment specified in the work permit; and
    4. (iv) does not intend to take employment except as specified in his work permit; and
    5. (v) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
    6. (vi) in the case of a person in possession of a work permit which is valid for a period of 12 months or less, intends to leave the United Kingdom at the end of his approved employment; and
    7. (vii) holds a valid United Kingdom entry clearance for entry in this capacity except where he holds a work permit valid for 6 months or less or he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.

Leave to enter for work permit employment

  1. 129. A person seeking leave to enter the United Kingdom for the purpose of work permit employment may be admitted for a period not exceeding the period of employment approved by the Home Office (as specified in his work permit), subject to a condition restricting him to that approved employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, where entry clearance is not required, provided the Immigration Officer is satisfied that each of the requirements of paragraph 128(i)-(vi) is met.

Refusal of leave to enter for employment

  1. 130. Leave to enter for the purpose of work permit employment is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, where entry clearance is not required, if the Immigration Officer is not satisfied that each of the requirements of paragraph 128(i)-(vi) is met.

Requirements for an extension of stay for work permit employment

  1. 131. The requirements for an extension of stay to seek or take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) are that the applicant:
    1. (i) entered the United Kingdom with a valid work permit under paragraph 129; and
    2. (ii) has written approval from the Home Office for the continuation of his employment; and
    3. (iii) meets the requirements of paragraph 128 (ii)-(v).
  2. 131A. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
    2. (ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
    3. (iii) holds a valid Home Office immigration employment document for employment; and
    4. (iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
    5. (v) meets each of the requirements of paragraph 128 (ii) to (vi).
  3. 131B. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student nurse overseas qualified nurse or midwife, postgraduate doctor or postgraduate dentist are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a student nurse in accordance with paragraphs 63 to 69 of these Rules; or
    2. (ia) entered the United Kingdom or was given leave to remain as an overseas qualified nurse or midwife in accordance with paragraphs 69M to 69R of these Rules; and
    3. (ii) entered the United Kingdom or was given leave to remain as a postgraduate doctor or a postgraduate dentist in accordance with paragraphs 70 to 75 of these Rules; and
    4. (iii) holds a valid Home Office immigration employment document for employment as a nurse, doctor or dentist; and
    5. (iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
    6. (v) meets each of the requirements of paragraph 128 (ii) to (vi).
  4. 131C. The requirements for an extension of stay to take employment for a Science and Engineering Graduate Scheme or International Graduates Scheme participant are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a Science and Engineering Graduate Scheme or International Graduates Scheme participant in accordance with paragraphs 135O to 135T of these Rules; and
    2. (ii) holds a valid Home Office immigration employment document for employment; and
    3. (iii) meets each of the requirements of paragraph 128 (ii) to (vi).
  5. 131D.The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a working holidaymaker are that the applicant:
    1. (i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
    2. (ii) he has spent more than 12 months in total in the UK in this capacity; and
    3. (iii) holds a valid Home Office immigration employment document for employment in an occupation listed on the Work Permits (UK) shortage occupations list; and
    4. (iv) meets each of the requirements of paragraph 128 (ii) to (vi).
  6. 131E. The requirements for an extension of stay to take employment for a highly skilled migrant are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135E of these Rules; and
    2. (ii) holds a valid work permit; and
    3. (iii) meets each of the requirements of paragraph 128(ii) to (vi).
  7. 131F. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for an Innovator are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as an Innovator in accordance with paragraphs 210A to 210E of these Rules; and
    2. (ii) holds a valid Home Office immigration employment document for employment; and
    3. (iii) meets each of the requirements of paragraph 128(ii) to (vi).
  8. 131G. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for an individual who has leave to enter or leave to remain in the United Kingdom to take the PLAB Test or to undertake a clinical attachment or dental observer post are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F of these Rules; or
    2. (ii) entered the United Kingdom or was given leave to remain to undertake a clinical attachment or dental observer post in accordance with paragraphs 75G to 75M of these Rules; and
    3. (iii) holds a valid Home Office immigration employment document for employment as a doctor or dentist; and
    4. (iv) meets each of the requirements of paragraph 128 (ii) to (vi).
  9. 131H. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
    1. (i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
    2. (ii) holds a valid Home Office immigration employment document for employment in Scotland; and
    3. (iii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
    4. (iv) meets each of the requirements of paragraph 128 (ii) to (vi).
  10. 131I. The requirements for an extension of stay to take employment for a Tier 1 Migrant are that the applicant:
    1. (i) entered the UK or was given leave to remain as a Tier 1 Migrant, and
    2. (ii) holds a valid work permit; and
    3. (iii) meets each of the requirements of paragraph 128(ii) to (vi).

Extension of stay for work permit employment

  1. 132.An extension of stay for work permit employment may be granted for a period not exceeding the period of approved employment recommended by the Home Office provided the Secretary of State is satisfied that each of the requirements of paragraphs 131, 131A, 131B, 131C, 131D, 131E, 131F, 131G, 131H or 131I is met. An extension of stay is to be subject to a condition restricting the applicant to employment approved by the Home Office.
  2. 133.An extension of stay for employment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraphs 131, 131A, 131B, 131C, 131D, 131E, 131F, 131G, 131H or 131I is met (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules).

Multiple Entry work permit employment

Requirements for leave to enter for Multiple Entry work permit employment

  1. 199A. The requirements to be met by a person coming to the United Kingdom to seek or take Multiple Entry work permit employment are that he:
    1. (i) holds a valid work permit;
    2. (ii) is not of an age which puts him outside the limits for employment;
    3. (iii) is capable of undertaking the employment specified in the work permit;
    4. (iv) does not intend to take employment except as specified in his work permit;
    5. (v) is able to maintain and accommodate himself adequately without recourse to public funds; and
    6. (vi) intends to leave the United Kingdom at the end of the employment covered by the Multiple Entry work permit and holds a valid United Kingdom Entry clearance for entry into this capacity excepts where he holds a work permit valid for 6 months or less or he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.

Leave to enter for Multiple Entry work permit employment

  1. 199B. A person seeking leave to enter the United Kingdom for the purpose of Multiple Entry work permit employment may be admitted for a period not exceeding 2 years provided that the Immigration Officer is satisfied that each of the requirements of paragraph 199A are met.

Refusal of leave to enter for Multiple Entry work permit employment

  1. 199C. Leave to enter for the purpose of Multiple Entry work permit employment is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 199A is met.

Tier 1 (Post-Study Work) Migrants

245F. Purpose

The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.

245FA. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245FB. Requirements for entry clearance

To qualify for entry clearance as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme), or as a Participant in the Fresh Talent: Working in Scotland Scheme.
  3. (c) The applicant must have a minimum of 75 points under paragraphs 66 to 72 of Appendix A.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.
  5. (e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
  6. (f) If:
    1. (i) the studies that led to the qualification for which the applicant obtains points under paragraphs 66 to 72 of Appendix A were sponsored by a Government or international scholarship agency, and
    2. (ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245FC. Period and conditions of grant

Entry clearance will be granted for a period of 2 years and will be subject to the following conditions:

  1. (a) no recourse to public funds,
  2. (b) registration with the police, if this is required by paragraph 326 of these Rules, and
  3. (c) no Employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.

245FD. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. Subject to paragraph 245FE(a)(i), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) migrant.
  3. (c) The applicant must have a minimum of 75 points under paragraphs 66 to 72 of Appendix A.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.
  5. (e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
  6. (f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
    1. (i) as a Participant in the Fresh Talent: Working in Scotland Scheme,
    2. (ii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
    3. (iii) as a Student, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,
    4. (iv) as a Student Nurse, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,
    5. (v) as a Student Re-Sitting an Examination, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,
    6. (vi) as a Student Writing Up a Thesis, provided the applicant has not previously been granted leave as a Tier 1 Migrant or in any of the categories referred to in paragraphs (i) and (ii) above,
    7. (vii) as a Tier 4 Migrant, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above, or
    8. (viii) as a Postgraduate Doctor or Dentist, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above.
  7. (g) An applicant who has, or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme must be a British National (Overseas), British overseas territories citizen, British Overseas citizen, British protected person or a British subject as defined in the British Nationality Act 1981.
  8. (h) If:
    1. (i) the studies that led to the qualification for which the applicant obtains points under paragraphs 66 to 72 of Appendix A were sponsored by a Government or international scholarship agency, and
    2. (ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245FE. Period and conditions of grant

  1. (a) Leave to remain will be granted:
    1. (i) for a period of the difference between 2 years and the period of the last grant of entry clearance, leave to enter or remain , to an applicant who has or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme, as a Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduates Scheme). If this calculation results in no grant of leave then leave to remain is to be refused;
    2. (ii) for a period of 2 years, to any other applicant.
  2. (b) Leave to remain under this route will be subject to the following conditions:
    1. (i) no access to public funds,
    2. (ii) registration with the police, if this is required by paragraph 326 of these Rules, and
    3. (iii) no Employment as a Doctor or Dentist in Training, unless the applicant:
      1. (1) has obtained a primary degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or
      2. (2) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Doctor in Training, and has been employed during that leave as a Doctor in Training; or
      3. (3) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Dentist in Training, and has been employed during that leave as a Dentist in Training.

Appendix A - Attributes for Tier 1 (Post-Study Work) Migrants

  1. 66. An applicant applying for entry clearance or leave to remain as a Tier 1 (Post-Study Work) 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

Qualifications Points
The applicant has been awarded: (a) a UK recognised bachelor or postgraduate degree, or (b) a UK postgraduate certificate in education or Professional Graduate Diploma of Education, or (c) a Higher National Diploma (‘HND’) from a Scottish institution. 20
(a) The applicant studied for his award at a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System,  
or (b) If the applicant is claiming points for having been awarded a Higher National Diploma from a Scottish Institution, he studied for that diploma at a Scottish publicly funded institution of further or higher education, or a Scottish bona fide private education institution which maintains satisfactory records of enrolment and attendance. The Scottish institution must: (i) be on the list of Education and Training Providers list on the Department of Business, Innovation and Skills website, or (ii) hold a Sponsor licence under Tier 4 of the Points Based System. 20
The applicant’s periods of UK study and/or research towards his eligible award were undertaken whilst he had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing him from undertaking a course of study and/or research. 20
The applicant made the application for entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant within 12 months of obtaining the relevant qualification or within 12 months of completing a United Kingdom Foundation Programme Office affiliated Foundation Programme as a postgraduate doctor or dentist. 15
The applicant is applying for leave to remain and has, or was last granted, leave as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme) or as a Participant in the Fresh Talent: Working in Scotland Scheme. 75

Qualification: notes

  1. 69. Specified documents must be provided as evidence of the qualification and, where relevant, completion of the United Kingdom Foundation Programme Office affiliated Foundation Programme as a postgraduate doctor or dentist.
  2. 70. A qualification will have been deemed to have been ‘obtained’ on the date on which the applicant was first notified in writing, by the awarding institution, that the qualification had been awarded.
  3. 71. If the institution studied at is removed from one of the relevant lists referred to in Table 10, or from the Tier 4 Sponsor Register, no points will be awarded for a qualification obtained on or after the date the institution was removed from the relevant list or from the Tier 4 Sponsor Register.
  4. 72. To qualify as an HND from a Scottish institution, a qualification must be at level 8 on the Scottish Credit and Qualifications Framework.

Part 5 - Immigration Rules relating to prospective students as at 30 September 2013

Requirements for leave to enter as a prospective student

  1. 82. The requirements to be met by a person seeking leave to enter the United Kingdom as a prospective student are that he:
    1. (i) can demonstrate a genuine and realistic intention of undertaking, within 6 months of his date of entry:
      1. (a) a course of study which would meet the requirements for an extension of stay as a student under paragraph 245ZX or paragraph 245ZZC; and
      2. (b) DELETED
    2. (ii) intends to leave the United Kingdom on completion of his studies or on the expiry of his leave to enter if he is not able to meet the requirements for an extension of stay:
      1. (a) as a student in accordance with paragraph 245ZX or paragraph 245ZZC; and
      2. (b) DELETED
    3. (iii) is able without working or recourse to public funds to meet the costs of his intended course and accommodation and the maintenance of himself and any dependants while making arrangements to study and during the course of his studies; and
    4. (iv) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as a prospective student

  1. 83. A person seeking leave to enter the United Kingdom as a prospective student may be admitted for a period not exceeding 6 months with a condition prohibiting employment, provided he is able to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter as a prospective student

  1. 84. Leave to enter as a prospective student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 82 is met.