Immigration Rules

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Home Office
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Immigration Rules: introduction

This contains an explanation of who’s covered by the Immigration Rules, dates of effect and definitions/interpretations of the terms used.

The Home Secretary has made changes in the Rules laid down by him as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 March 1990 (HC 251) (as amended). This statement contains the Rules as changed and replaces the provisions of HC 251 (as amended).

  1. 2.Immigration Officers, Entry Clearance Officers and all staff of the Home Office will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in the United Kingdom.
  2. 3.In these Rules words importing the masculine gender include the feminine unless the contrary intention appears.

Implementation and transitional provisions

  1. 4.These Rules come into effect on 1 October 1994 and will apply to all decisions taken on or after that date save that any application made before 1 October 1994 for entry clearance, leave to enter or remain or variation of leave to enter or remain other than an application for leave by a person seeking asylum shall be decided under the provisions of HC 251, as amended, as if these Rules had not been made.

Application

  1. 5.Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.

Interpretation

  1. 6.In these Rules the following interpretations apply:

“the Immigration Acts’ has the same meaning as it has in the Interpretation Act 1978.

the 1993 Act” is the Asylum and Immigration Appeals Act 1993.

the 1996 Act” is the Asylum and Immigration Act 1996

the 2006 EEA Regulations” means the Immigration (European Economic Area) Regulations 2006

“adoption” unless the contrary intention appears, includes a de facto adoption in accordance with the requirements of paragraph 309A of these Rules, and “adopted” and “adoptive parent” should be construed accordingly.

In Appendix FM references to ‘application for leave to remain’ include an application for variation of leave to enter or remain of a person in the UK.

“Approved Destination Status Agreement with China” means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People’s Republic of China to the United Kingdom as a approved destination, signed on 21 January 2005.

  1. “a bona fide private education institution” is a private education institution which:
    1. a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Border and Immigration Agency when requested;
    2. b) provides courses which involve a minimum of 15 hours organised daytime study per week;
    3. c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students;
    4. d) offers courses leading to qualifications recognised by the appropriate accreditation bodies;
    5. e) employs suitably qualified staff to provide teaching, guidance and support to the students;
    6. f) provides adequate accommodation, facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and
    7. g) if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body.

“Business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom to which the notice is sent, Christmas Day or Good Friday.

“civil partner” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly);

“conviction” means conviction for a criminal offence in the UK or any other country.

“curtailment” in relation to the curtailment of a person’s leave to enter or remain in the UK, means curtailing their leave such that they will have a shorter period of, or no, leave remaining.

“degree level study” means a course which leads to a recognised United Kingdom degree at bachelor’s level or above, or an equivalent qualification at level 6 or above of the revised National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.

Under Part 8 of these Rules, “post-graduate level study” means a course at level 7 or above of the revised National Qualifications Framework or Qualifications and Credit Framework, or level 11 or above of the Scottish Credit and Qualifications Framework, which leads to a recognised United Kingdom postgraduate degree at Master’s level or above, or an equivalent qualification at the same level.

“foundation degree” means a programme of study which leads to a qualification awarded by an English higher education institution with degree awarding powers which is at a minimum of level 5 on the revised National Qualifications Framework, or awarded on a directly equivalent basis in the devolved administrations.

“Pathway Course” means a course which prepares a student for progression to another course at a specific UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council. It does not include a pre-sessional course.

“primary degree” means a qualification obtained from a course of degree level study, which did not feature as an entry requirement a previous qualification obtained from degree level study. An undergraduate degree is a primary degree. A Masters degree that has a Bachelor degree as an entry requirement is not a primary degree.

A “UK recognised body” is an institution that has been granted degree awarding powers by either a Royal Charter, an Act of Parliament or the Privy Council. For the purposes of these Rules we will consider Health Education South London and Heath Education England as equivalent to UK recognised bodies.

“Embedded College offering Pathway Courses” means a sponsor recognised by the Home Office as a private provider, usually part of a network and operating within or near to the premises of a higher education institution, delivering pathway courses which prepare students for entry to higher education programmes at that a higher education institution. This does not include pre-sessional courses. The higher education institution must be a UK recognised body, or a body in receipt of public funding as a higher education institution from the Department for Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales, or the Scottish Funding Council.

A “UK listed body” is an institution that is not a UK recognised body but which provides full courses that lead to the award of a degree by a UK recognised body.

“Academy” means an institution defined by and established under the Academies Act 2010, as amended. This includes academy schools, 16-19 academies and alternative provision academies

A “school maintained by a local authority” means an institution defined within the School Standards and Framework Act 1998 or the Education Act 1996, both as amended. This includes community schools, foundation schools, voluntary aided schools, voluntary controlled schools, community special schools, foundation special schools, pupil referral units, and maintained nursery schools.

  1. An “Independent School” means a school which is:
    1. (a) a school in England and Wales at which full time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided at it for pupils under or over that age) and which is not a) a school maintained by a local authority, or b) a special school not so maintained;
    2. (b) a school in Scotland at which full-time education is provided for pupils of school age (whether or not such education is also provided for pupils under or over that age), not being a public school or a grant-aided school’; or
    3. (c) a school in Northern Ireland that has been registered with the Department of Education; and
    4. (d) is not an Academy.

“EEA national” has the meaning given in regulation 2(1) of the 2006 EEA Regulations.

“an external student” is a student studying for a degree from a UK degree awarding body without any requirement to attend the UK degree awarding body’s premises or a UK Listed Body’s premises for lectures and tutorials.

“a short-term student” means a person who is granted leave under paragraphs A57A to A57H of these Rules.

“United Kingdom passport” bears the meaning it has in the Immigration Act 1971.

  1. “a UK Bachelors degree” means
    1. (a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or
    2. (b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.

“Immigration Officer” includes a Customs Officer acting as an Immigration Officer.

“Multiple Entry work permit employment” is work permit employment where the person concerned does not intend to spend a continuous period in the United Kingdom in work permit employment.

  1. “public funds” means
    1. (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;
    2. (b) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002;
    3. (c) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;
    4. (d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act;
    5. (e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015;
    6. (f) a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012;
    7. (g) a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015;
    8. (h) a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015;
    9. (i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011.
  1. “settled in the United Kingdom” means that the person concerned:
    1. (a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
    2. (b) is either:
      1. (i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
      2. (ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.
  1. “a parent” includes
    1. (a) the stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;
    2. (b) the stepmother of a child whose mother is dead and the reference to stepmother includes a relationship arising through civil partnership and;
    3. (c) the father as well as the mother of an illegitimate child where he is proved to be the father;
    4. (d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);
    5. (e) in the case of a child born in the United Kingdom who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parent(s)’ inability to care for the child.

“date of application” means the date of application determined in accordance with paragraph 30 or 34G of these rules as appropriate.

“a valid application” means an application made in accordance with the requirements of Part 1 of these Rules.

“application for asylum” has the meaning given in paragraph 327 of these Rules.

“Refugee Convention” means the 1951 United Nations Convention and its 1967 Protocol relating to the Status of Refugees.

“refugee status” is the recognition by the UK, following consideration of an application for asylum application, that a person meets the criteria in paragraph 334.

“refugee leave” means limited leave granted pursuant to paragraph 334 or 335 of these rules and has not been revoked pursuant to paragraph 339A to 339AC or 339B of these rules.

“humanitarian protection” means limited leave granted pursuant to paragraph 339C of these rules and has not been revoked pursuant to paragraph 339G to 339H of these rules.

“Protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.

“a period of imprisonment” referred to in these rules has the same meaning as set out in section 38(2) of the UK Borders Act 2007.

  1. “Overstayed” or “Overstaying” means the applicant has stayed in the UK beyond the latest of:
    1. (i) the time limit attached to the last period of leave granted, or
    2. (ii) beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971

“intention to live permanently with the other” or “intend to live together permanently” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter. However, where an application is made under Appendix Armed Forces the words “in the UK” in this definition do not apply. Where an application is made under Appendix FM and the sponsor is a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council, the Department for International Development or the Home Office on a tour of duty outside the UK, the words “in the UK” in this definition do not apply.

“present and settled” or “present and settled in the UK” means that the person concerned is settled in the United Kingdom and, at the time that an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the UK their home with the applicant if the application is successful.

Where the person concerned is a British Citizen or settled in the UK and is:

  1. (i) a member of HM Forces serving overseas, or
  2. (ii) a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council, the Department for International Development or the Home Office on a tour of duty outside the UK, and the applicant has provided the evidence specified in paragraph 26A of Appendix FM-SE, then for the purposes of Appendix FM the person is to be regarded as present and settled in the UK, and in paragraphs R-LTRP.1.1.(a) and R-ILRP.1.1.(a) of Appendix FM the words “and their partner must be in the UK” are to be disregarded.

For the purposes of an application under Appendix FM, or as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, child, parent or adult dependent relative under Part 8, an EEA national with an EEA right to reside in the UK permanently must hold a valid residence permit issued under the Immigration (European Economic Area) Regulations 2000 which has been endorsed under the Immigration Rules to show permission to remain in the UK indefinitely, or a valid document certifying permanent residence issued under the Immigration (European Economic Area) Regulations 2006, in order to be regarded as present and settled in the UK.

For the purposes of an application under Appendix FM, or as a fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner, same sex partner, child, parent or adult dependent relative under Part 8, a non-EEA national with an EEA right to reside in the UK permanently must hold a valid residence document issued under the Immigration (European Economic Area) Regulations 2000 which has been endorsed under the Immigration Rules to show permission to remain in the UK indefinitely, or a valid permanent residence card issued under the Immigration (European Economic Area) Regulations 2006, in order to be regarded as present and settled in the UK.

“sponsor” means the person in relation to whom an applicant is seeking leave to enter or remain as their spouse, fiance, civil partner, proposed civil partner, unmarried partner, same-sex partner or dependent relative, as the case may be, under paragraphs 277 to 295O or 317 to 319 or the person in relation to whom an applicant is seeking entry clearance or leave as their partner or dependent relative under Appendix FM.

“overcrowded” means overcrowded within the meaning of the Housing Act 1985, the Housing (Scotland) Act 1987 or the Housing (Northern Ireland) Order 1988 (as appropriate).

“working illegally” means working in breach of conditions of leave or working when in the UK without valid leave where such leave is required.

“in breach of immigration laws” means without valid leave where such leave is required, or in breach of the conditions of leave.

“adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of income support.

“occupy exclusively” in relation to accommodation shall mean that part of the accommodation must be for the exclusive use of the family.

“must not be leading an independent life” or “is not leading an independent life” means that the applicant does not have a partner as defined in Appendix FM; is living with their parents (except where they are at boarding school, college or university as part of their full-time education); is not employed full-time (unless aged 18 years or over); is wholly or mainly dependent upon their parents for financial support (unless aged 18 years or over); and is wholly or mainly dependent upon their parents for emotional support. Where a relative other than a parent may act as the sponsor of the applicant, references in this definition to “parents” shall be read as applying to that other relative.

“prohibited degree of relationship” has the same meaning as in the Marriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004.

“visa nationals” are the persons specified in Appendix 2 to Appendix V: Visitors who need a visa for the United Kingdom for a visit or for any other purposes where seeking entry for 6 months or less.

“non-visa nationals” are persons who are not specified in Appendix 2 to Appendix V: Immigration Rules for Visitors.

“specified national” is a person specified in Appendix 3 to these Rules who seeks leave to enter the United Kingdom for a period of more than 6 months.

“employment” unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.

“the Human Rights Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom.

“Biometric immigration document” means a document recording biometric information issued in accordance with regulations under section 5 of the UK Borders Act 2007.

“immigration employment document” means a work permit or any other document which relates to employment and is issued for the purpose of these Rules or in connection with leave to enter or remain in the United Kingdom.

“Employment as a Doctor in Training” means employment in a medical post or training programme which has been approved by the Postgraduate Medical Education and Training Board, or employment in a postgraduate training programme in dentistry.

“these Rules” means these immigration rules (HC 395) made under section 3(2) of the Immigration Act 1971.

A ‘refugee’ is a refugee as defined in regulation 2 of The Refugee or Person in Need of International Protection (Qualification) Regulation 2006.

In part 6A of these Rules, “relevant grant allocation period” means a specified period of time, which will be published by the Secretary of State on the visas and immigration pages of the gov.uk website, during which applications for entry clearance or leave to enter in respect of a particular route may be granted subject to the grant allocation for that period;

In part 6A of these Rules, “grant allocation” means a limit, details of which will be published by the Secretary of State on the visas and immigration pages of the gov.uk website, on the number of grants of entry clearance or leave to enter which may be granted in respect of a particular route during the relevant grant allocation period;

Under Part 6A of these Rules, “Highly Skilled Migrant” means a migrant granted leave under paragraphs 135A to 135G of the Rules in force before 30th June 2008.

Under Part 6A of these Rules, “Highly Skilled Migrant Programme Approval Letter” means a letter issued by the Home Office confirming that the applicant meets the criteria specified by the Secretary of State for entry to or stay in the UK under the Highly Skilled Migrant Programme.

Under Part 6A of these Rules, “Innovator” means a migrant granted leave under paragraphs 210A to 210F of the Rules in force before 30th June 2008.

Under Part 6A of these Rules, “Participant in the Fresh Talent Working in Scotland Scheme” means a migrant granted leave under paragraphs 143A to 143F of the Rules in force before 30th June 2008.

Under Part 6A of these Rules, “Participant in the International Graduates Scheme” means a migrant granted leave under paragraphs 135O to 135T of the Rules in force before 30th June 2008.

Under Part 6A of these Rules, “Postgraduate Doctor or Dentist” means a migrant who is granted leave under paragraphs 70 to 75 of these Rules.

Under Part 6A of these Rules, “Self-Employed” means an applicant is registered as self-employed with HM Revenue & Customs, or is employed by a company of which the applicant is a controlling shareholder.

Under Part 6A of these Rules, “Student” means a migrant who is granted leave under paragraphs 57 to 62 of these Rules.

Under Part 6A of these Rules, “Student Nurse” means a migrant who is granted leave under paragraphs 63 to 69 of these Rules.

Under Part 6A of these Rules, “Student Re-Sitting an Examination” means a migrant who is granted leave under paragraphs 69A to 69F of these Rules.

Under Part 6A of these Rules, “Student Writing-Up a Thesis” means a migrant who is granted leave under paragraphs 69G to 69L of these Rules.

Under Part 6A of these Rules, “Work Permit Holder” means a migrant who is granted leave under paragraphs 128 to 133 of these Rules.

Under Appendix A of these Rules, an “A-rated Sponsor” is a Sponsor which is recorded as being “A-rated” on the register of licensed Sponsors maintained by the United Kingdom Border Agency.

Under Part 6A of these Rules, “Tier 4 Sponsor” means a sponsor which is recorded as having “Tier 4 Sponsor status” on the register of licensed sponsors maintained by the Home Office.

Under Part 6A of these Rules, “Probationary Sponsor” means a Tier 4 sponsor which is recorded as having “Probationary Sponsor status” on the register of licensed sponsors maintained by the Home Office.

Under paragraph 34K of these Rules, a “Premium Sponsor” is a Sponsor which is recorded as holding Premium status on the register of licensed Sponsors maintained by the United Kingdom Border Agency.

Under Part 6A of these Rules, “Certificate of Sponsorship” means an authorisation issued by the Secretary of State to a Sponsor in respect of one or more applications, or potential applications, for entry clearance, leave to enter or remain as a Tier 2 migrant or a Tier 5 migrant in accordance with these Rules.

Under Part 6A and Appendix A of these Rules, “Confirmation of Acceptance for Studies” means a unique reference number electronically issued by a sponsor via the Sponsor Management System to an applicant for entry clearance, leave to enter or remain as a Tier 4 Migrant in accordance with these Rules.

Under Parts 6A and 9 of these Rules, “Certificate of Sponsorship Checking Service” means a computerised interface with the Points Based System computer database which allows a United Kingdom Border Agency caseworker or entry clearance officer assessing a migrant’s application for entry clearance, leave to enter or leave to remain to access and review details of the migrant’s Certificate of Sponsorship, including details of the migrant’s Sponsor, together with details of the job and other details associated with the circumstances in which the Certificate of Sponsorship was issued.

Under Part 6A and Appendix A of these Rules,“length of the period of engagement” is the period beginning with the employment start date as recorded on the Certificate of Sponsorship Checking service entry which relates to the Certificate of Sponsorship reference number for which the migrant was awarded points under Appendix A and ending on the employment end date as recorded in the same entry.

Under Part 6A and Appendix A of these Rules, a “genuine vacancy” is a vacancy which exists in practice (or would exist in practice were it not filled by the applicant) for a position which:

(a) requires the jobholder to undertake the specific duties and responsibilities, for the weekly hours and length of the period of engagement, described by the Sponsor in the Certificate of Sponsorship relating to the applicant; and

(b) does not include dissimilar and/or unequally skilled duties such that the Standard Occupational Classification (SOC) code used by the Sponsor as stated in the Certificate of Sponsorship relating to the applicant is inappropriate.

Under Part 6A and Appendix A of these Rules, working for “the same employer” or “the same Sponsor” includes working for a different employer or Sponsor in circumstances which constitute a “relevant transfer” under Regulation 3(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, or similar protection, provided the worker’s duties remain unchanged.

Under Part 6A and Appendix A of these Rules, “Designated Competent Body” means an organisation which has been approved by the UK Border Agency to endorse applicants as a Tier 1 (Exceptional Talent) Migrant.

Under Part 6A and Appendix A of these Rules, “Tier 1 (Exceptional Talent) Unique Reference Number” means a unique reference number issued for the purposes of managing the Tier 1 (Exceptional Talent) Limit and provided by the UK Border Agency to an applicant prior to making his application as a Tier 1 (Exceptional Talent) Migrant.

‘Notice of liability for removal’ means a notice given that a person is or will be liable for removal under section 10 of the Immigration and Asylum Act 1999 as amended by the Immigration Act 2014. For cases that pre-date the Immigration Act 2014 coming into force, “notice of liability for removal” refers to a decision to remove in accordance with section 10 of the Immigration and Asylum Act 1999, a decision to remove an illegal entrant by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971 or a decision to remove in accordance with section 47 of the Immigration, Asylum and Nationality Act 2006.

‘Pending appeal’ has the same meaning as in section 104 of the Nationality, Immigration and Asylum Act 2002.

Under Part 6A of these Rules, “Confirmation of Acceptance for Studies Checking Service” means a computerised interface with the Points Based System computer database which allows a United Kingdom Border Agency caseworker or entry clearance officer assessing a migrant’s application for entry clearance, leave to enter or leave to remain as a Tier 4 migrant under these Rules to access and review details of the migrant’s Confirmation of Acceptance for Studies, including details of the migrant’s Sponsor, together with details of the course of study and other details associated with the circumstances in which the Confirmation of Acceptance for Studies was issued.

  1. Under Part 6A of these Rules, “Established Entertainer” means an applicant who is applying for leave to remain as a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant in respect of whom the following conditions are satisfied:
    1. (a) the Certificate of Sponsorship Checking Service entry to which the applicant’s Certificate of Sponsorship reference number relates, records that the applicant is being sponsored in an occupation which is defined in the United Kingdom Border Agency’s Transitional Guidance as being a job in the entertainment sector,
    2. (b) the applicant has, or has previously had, entry clearance, leave to enter or leave to remain in the UK as a Work Permit Holder, and the work permit that led to that grant was issued in the sports and entertainment category to enable him to work in the occupation in which he is, at the date of the application for leave to remain, currently being sponsored,
    3. (c) the applicant’s last grant of leave was:
      1. (i) as a Work Permit Holder in the sports and entertainment category, provided the work permit on the basis of which that leave was granted was issued in the sports and entertainment category to enable him to work either in the occupation in which he is, at the date of the current application for leave to remain, currently being sponsored, or in another occupation which is defined in the UK Border Agency’s Transitional Guidance as being a job in the entertainment sector, or
      2. (ii) leave to remain as a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, provided (in either case):
  1. (1) he previously had leave as a Work Permit Holder in the sports and entertainment category to work as described in (i) above,
    1. (2) he has not been granted entry clearance in this or any other route since his last grant of leave as a Work Permit Holder, and
    2. (3) his last grant of leave was made to enable him to work either in the occupation in which he is, at the date of the current application for leave to remain, currently being sponsored or in another occupation which is defined in the UK Border Agency’s Transitional Guidance as being a job in the entertainment sector,
    3. (d) the Certificate of Sponsorship Checking Service entry to which the applicant’s Certificate of Sponsorship reference number relates records:
      1. (i) that the applicant will be paid a salary for the job that is at or above the appropriate entertainments industry rate, as listed in the United Kingdom Border Agency’s Transitional Guidance; and
      2. (ii) that before agreeing to employ the applicant, the Sponsor consulted with such bodies as the United Kingdom Border Agency’s Transitional Guidance indicates that it should consult with before employing someone in this capacity, and *(e) the applicant has not spent a period of 5 years or more in the UK, beginning with the last grant of entry clearance, as a Qualifying Work Permit Holder, Tier 2 (General) Migrant or Tier 2 (Intra- Company Transfer) Migrant, or in any combination of these.

Under Part 6A of these Rules, “Qualifying Work Permit Holder” means a Work Permit Holder who was issued a work permit in the business and commercial or sports and entertainment work permit categories.

  1. Under Part 6A of these Rules, “Senior Care Worker” means an applicant who is applying for leave to remain as a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant in respect of whom the following conditions are satisfied.
    1. (a) the Certificate of Sponsorship Checking Service entry to which the applicant’s Certificate of Sponsorship reference number relates, records that the applicant is being sponsored in an occupation which is defined in the codes of practice for Tier 2 sponsors published by the UK Border Agency as being a Senior Care Worker role,
    2. (b) the applicant’s last grant of leave was:
      1. (i) as a Qualifying Work Permit Holder, or
      2. (ii) leave to remain as a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, provided (in either case):
        1. (1) he previously had leave as a Qualifying Work Permit Holder, and
        2. (2) he has not been granted entry clearance in this or any other route since his last grant of leave as a Qualifying Work Permit Holder.
    3. (c) the work permit or Certificate of Sponsorship that led to the last grant of leave was issued to enable the applicant to work as a senior care worker, and
    4. (d) the applicant has not spent a period of 5 years or more in the UK, beginning with the last grant of entry clearance, as a Qualifying Work Permit Holder, Tier 2 (General) Migrant or Tier 2 (Intra- Company Transfer) Migrant, or in any combination of these.

Under Part 6A of these Rules, “Sponsor” means the person or Government that the Certificate of Sponsorship Checking Service or Confirmation of Acceptance for Studies Checking Service records as being the Sponsor for a migrant.

Under Part 6A of these Rules, a reference to a “sponsor licence” means a licence granted by the Secretary of State to a person who, by virtue of such a grant, is licensed as a Sponsor under Tiers 2, 4 or 5 of the Points Based System.

  1. “In Part 6A and Appendices A and J of these Rules, “settled worker” means a person who:
    1. (i) is a national of the UK,
    2. (ii) is a person with a right of residence in accordance with the Immigration (European Economic Area) Regulations 2006 or, except where that person is subject to worker authorisation, the regulations made under section 2 of the European Union (Accessions) Act 2006 in combination with section 2(2) of the European Communities Act 1972 or the regulations made under section 4 of the European Union (Croatian Accession and Irish Protocol) Act 2013,
    3. (iii) is a British overseas territories citizen, except those from Sovereign Base Areas in Cyprus,
    4. (iv) is a Commonwealth citizen with leave to enter or remain granted on the basis of UK Ancestry (paragraphs 186 to 193 of these Rules), or
    5. (v) has settled status in the UK within the meaning of the Immigration Act 1971, as amended by the Immigration and Asylum Act 1999, and the Nationality, Immigration and Asylum Act 2002.”

In Appendix A of these Rules, “voluntary fieldwork” means activities which would not normally be offered at a waged or salaried rate and which contribute directly to the achievement or advancement of the sponsor’s charitable purpose. It does not include work ancillary to the sponsor’s charitable purpose including, for example, routine back office administrative roles, retail or other sales roles, fund-raising roles and roles involved in the maintenance of the sponsor’s offices and other assets.

  1. Under Part 6A of these Rules, “supplementary employment” means other employment in a job which appears on the Shortage Occupation List in Appendix K, or in the same profession and at the same professional level as that which the migrant is being sponsored to do provided that:
    1. (a) the migrant remains working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,
    2. (b) the other employment does not exceed 20 hours per week and takes place outside of the hours when the migrant is contracted to work for the Sponsor in the employment the migrant is being sponsored to do.

Under part 6A and Appendix A of these Rules, “overseas higher education institution” means an institution which holds overseas accreditation confirmed by UK NARIC as offering degree programmes which are equivalent to UK degree level qualifications, and which teach no more than half of a degree programme in the UK as a study abroad programme.

“Business person” means a migrant granted leave under paragraphs 200 to 208 of the Rules in force before 30th June 2008.

“Investor” means a migrant granted leave under paragraphs 224 to 229 of the Rules in force before 30th June 2008.

“Self-employed Lawyer” means a migrant granted entry clearance, or leave to enter or remain, outside the Rules under the concession for Self-employed lawyers that formerly appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate instructions.

” Points Based System Migrant” means a migrant applying for or granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 Migrant or a Tier 5 Migrant.

“Tier 1 Migrant” means a migrant who is granted leave as a Tier 1 (Exceptional Talent) Migrant, a Tier 1 (General) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Graduate Entrepreneur) Migrant or a Tier 1 (Post-Study Work) Migrant.

“Tier 1 (Exceptional Talent) Migrant” means a migrant who is granted leave under paragraphs 245B to 245BF of these Rules.

“Tier 1 (General) Migrant” means a migrant who is granted leave under paragraphs 245C to 245CE of these Rules.

“Tier 1 (Entrepreneur) Migrant” means a migrant who is granted leave under paragraphs 245D to 245DF of these Rules.

“Tier 1 (Investor) Migrant” means a migrant who is granted leave under paragraphs 245E to 245EF of these Rules.

“Tier 1 (Graduate Entrepreneur) Migrant” means a migrant who is granted leave under paragraphs 245F to 245FB of these Rules in place on or after 6 April 2012.

“Tier 1 (Post-Study Work) Migrant” means a migrant who is granted leave under paragraphs 245F to 245FE of the Rules in place before 6 April 2012.

“Tier 2 Migrant” means a migrant who is granted leave as a Tier 2 (Intra-Company Transfer) Migrant, a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant.

“Tier 2 (Intra-Company Transfer) Migrant” means a migrant granted leave under paragraphs 245G to 245GF of these Rules.

“Tier 2 (General) Migrant” means a migrant granted leave under paragraphs 245H to 245HF of these Rules and who obtains points under paragraphs 76 to 84A of Appendix A.

“Tier 2 (Minister of Religion) Migrant” means a migrant granted leave under paragraphs 245H to 245HF of these Rules and who obtains points under paragraphs 85 to 92 of Appendix A.

“Tier 2 (Sportsperson) Migrant” means a migrant granted leave under paragraphs 245H to 245HF of these Rules and who obtains points under paragraphs 93 to 100 of Appendix A.”

“Tier 4 (General) Student” means a migrant granted leave under paragraphs 245ZT to 245ZY of these Rules.

“Tier 4 (Child) Student” means a migrant granted leave under paragraphs 245ZZ to 245ZZD of these Rules.

“Tier 4 Migrant” means a Tier 4 (General) Student or a Tier 4 (Child) Student.

“expected end date of a course leading to the award of a PhD” means the date the PhD is expected to be formally confirmed, by the sponsor, as completed to the standard required for the award of a PhD and recorded on the confirmation of acceptance for studies accompanying the application for leave to remain as a Tier 4 (General) Student on the doctorate extension scheme.

“Tier 5 (Youth Mobility) Temporary Migrant” means a migrant granted leave under paragraphs 245ZI to 245ZL of these Rules.

“Tier 5 (Temporary Worker) Migrant” means a migrant granted leave under paragraphs 245ZM to 245ZS of these Rules.

“Deemed sponsorship status” means that the country or territory is not required to issue its nationals or passport holders with a Certificate of Sponsorship in order to enable a successful application under the Tier 5 Youth Mobility Scheme and is held by a country or territory listed as such at Appendix G of these Rules.

“Tier 5 Migrant” means a migrant who is either a Tier 5 (Temporary Worker) Migrant or a Tier 5 (Youth Mobility) Temporary Migrant.

Under Part 6A of these Rules “Government Authorised Exchange Scheme” means a scheme under the Tier 5 (Temporary Worker) Government Authorised Exchange sub-category which is endorsed by a Government Department in support of Government objectives and provides temporary work in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 3, as stated in the codes of practice for Tier 2 Sponsors published by the UK Border Agency, and where the migrant will be supernumerary.

Under Part 6A of these Rules “Work Experience Programme” means work experience including volunteering and job-shadowing, internships and work exchange programmes under a Government Authorised Exchange Scheme.

Under Part 6A of these Rules “Research Programme” means research programmes and fellowships under a Government Authorised Exchange Scheme where the migrant is working on a scientific, academic, medical, or government research project/s at either a UK Higher Education Institution or another research institution operating under the authority and/or financial sponsorship of a relevant Government Department.”

Under Part 6A of these Rules “Training Programme” means a training programme under a Government Authorised Exchange Scheme where the migrant either receives formal, practical training in the fields of science and / or medicine or will be trained by HM Armed Forces or by UK emergency services, or meets the requirements of paragraph 245ZQ(b)(vi)(1) to (3)(a).

Under Part 6A of these Rules “Overseas Government Language Programme” means an overseas Government sponsored professional language development programme under the Government Authorised Exchange Scheme where the migrant delivers language training and participates in a cultural exchange programme that is fully or partially paid for by the overseas government or an organisation affiliated to an overseas government.

Under Part 6A of these Rules, “Temporary Engagement as a Sports Broadcaster” means providing guest expert commentary on a particular sporting event.”

“Contractual Service Supplier” means a migrant who is granted entry clearance, leave to enter or leave to remain under paragraphs 245ZP(e) and 245ZR(b)(ii)(3) of these Rules on the basis that the circumstances in which such leave is sought engage the United Kingdom’s commitments in respect of contractual service suppliers under the relevant provisions of one of the agreements specified in paragraph 111(f)(i) of Appendix A of these Rules.

“Independent Professional” means a migrant who is granted entry clearance, leave to enter or leave to remain under paragraphs 245ZP(e) and 245ZR(b)(ii)(3) of these Rules on the basis that the circumstances in which such leave is sought engage the United Kingdom’s commitments in respect of independent professionals under the relevant provisions of one of the agreements specified in paragraph 111(f)(i) of Appendix A of these Rules.

“Jewish Agency Employee” means a migrant granted leave outside of these Rules under the concession that formerly appeared in Chapter 17 Section 5 Part 2 of the Immigration Directorate Instructions.

“Member of the Operational Ground Staff of an Overseas-owned Airline” means a migrant granted leave under paragraphs 178 to 185 of the Rules in force before 27 November 2008.

“Overseas Qualified Nurse or Midwife” means a migrant granted leave under paragraphs 69M to 69R of the Rules in force before 27 November 2008.

“Participant in the Science and Engineering Graduates Scheme” means a migrant granted leave under paragraphs 135O to 135T of the Rules in force before 1 May 2007.

“Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation” means a migrant granted leave under paragraphs 136 to 143 of the Rules in force before 27 November 2008.

“Student Union Sabbatical Officer” means a migrant granted leave under paragraphs 87A to 87F of the Rules in force before 27 November 2008.

“Working Holidaymaker” means a migrant granted leave under paragraphs 95 to 97 of the Rules in force before 27 November 2008.

A “visitor” is a person granted leave to enter or remain in the UK under paragraphs 40-56Z, 75A-M or 82-87 of these Rules before 24 April 2015 or under Appendix V:Immigration Rules for Visitors on or after 24 April 2015.

An “Amateur” is a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity. This also includes a person playing or coaching in a charity game.

A “Professional Sportsperson”, is someone, whether paid or unpaid, who :

  1. is providing services as a sportsperson, playing or coaching in any capacity, at a professional or semi-professional level of sport; or
  2. being a person who currently derives, who has in the past derived or seeks in the future to derive, a living from playing or coaching, is providing services as a sportsperson or coach at any level of sport, unless they are doing so as an “Amateur”.

A “Series of events” is two or more linked events, such as a tour, or rounds of a competition, which do not add up to a league or a season.

“Writer, Composer or Artist” means a migrant granted leave under paragraphs 232 to 237 of the Rules in force before 30th June 2008.

In paragraph 320(7B) and paragraph 320(11) of these Rules:

“Deception” means making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts.

“Illegal Entrant” has the same definition as in section 33(1) of the Immigration Act 1971.

In paragraph 320(22) and 322(12) of these Rules, and in paragraphs S-EC.2.3., S-LTR.2.3. and S-ILR.2.3. of Appendix FM to these Rules.

“relevant NHS body” means

  1. a) in relation to England-
    1. (i) a National Health Service Trust established under section 25 of the National Health Service Act 2006,
    2. (ii) a NHS foundation trust.
    3. b) in relation to Wales-
      1. (i) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006,
      2. (ii) a National Health Service Trust established under section 18 of the National Health Service (Wales) Act 2006,
      3. (iii) a Special Health Authority established under 22 of the National Health Service (Wales) Act 2006.
    4. c) in relation to Scotland-
      1. (i) a Health Board or Special Health Board established under section 2 of the National Health Service (Scotland) Act 1978 (c. 29),
      2. (ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act,
      3. (iii) Healthcare Improvement Scotland established under section 10A of that Act.
    5. d) in relation to Northern Ireland-
      1. (i) the Regional Health and Social Care Board established under the Health and Social Care (Reform) Act (Northern Ireland) 2009,
      2. (ii) a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and renamed under the Health and Social Care (Reform) Act (Northern Ireland) 2009.

“relevant NHS regulations” means

  1. (i) The National Health Service (Charges to Overseas Visitors) (Amendment) (Wales) Regulations 2004 (2004 No 1433);
    1. (ii) The National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 as amended (1989 No 364);
    2. (iii) The Health and Personal Social Services (Provision of Health Services to Persons not Ordinarily Resident) Regulations (Northern Ireland) 2005 (2005 No 551); or
    3. (iv) The National Health Service (Charges to Overseas Visitors) Regulations (2011 No 1556).

“administrative review” means a review conducted in accordance with Appendix AR of these Rules;

“eligible decision” means a decision eligible for administrative review as referred to in paragraphs AR3.2, AR4.2 or AR5.2 of Appendix AR of these Rules;

“working day” means a business day in the part of the UK in which the applicant resides or (as the case may be) is detained.

“National Referral Mechanism” means the arrangements administered by the Competent Authorities as set out in the guidance found at https://www.gov.uk/government/publications/victims-of-trafficking-guidance-for-competent-bodies.

6A. For the purpose of these Rules, a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s sponsor unless, as a result of P’s presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the sponsor’s joint entitlement to benefits under the regulations referred to in paragraph 6B).

6B. Subject to paragraph 6C, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.

6C. A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P’s sponsor as a result of P’s presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P’s presence in the United Kingdom under the regulations referred to in to paragraph 6B)”.