Immigration Rules

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Immigration Rules part 5: working in the UK

Persons seeking to enter or remain in the United Kingdom for employment (paragraphs 128A to 199B).

Work permit employment

General requirements for indefinite leave to remain

128A. For the purposes of references in this Part to requirements for indefinite leave to remain:

  1. (a) “continuous period of 5 years or 4 years lawfully in the UK” means, subject to paragraph (aa), residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
    1. (i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 calendar month periods (or four consecutive 12 calendar month periods where the applicant received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 3 April 2006, and was subsequently granted entry clearance or leave to remain on the basis of that letter) preceding the date of the application for indefinite leave to remain; and
    2. (ii) the applicant has existing limited leave to enter or remain upon their departure and return, except that:
      1. (1) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 24 November 2016 and subsequently granted, that period and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
      2. (2) where, on or after 24 November 2016, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, the period spent outside the United Kingdom with continuing leave and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
    3. (iii) the applicant has any previous period of overstaying disregarded where paragraph 39E of these Rules applies; and
    4. (iv) the applicant has any previous period of overstaying between periods of leave disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.
  1. (aa) For the purposes of paragraph (a), time spent with valid leave in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man may be included in the continuous period of 5 or 4 years residence in the UK, provided that:
    1. (i) the leave granted in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man was granted in a category equivalent to those specified in the indefinite leave to remain provisions in this Part; and
    2. (ii) any period of leave granted in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man as a work permit holder was for employment:
      1. (a) in a job which appears on the list of occupations skilled to National Qualifications Framework level 3 or above, as stated in the Codes of Practice in Appendix J, or
      2. (b) in a job which appears in the Creative Sector Codes of Practice in Appendix J, or
      3. (c) as a professional sportsperson (including as a sports coach); and
    3. (iii) in the case of leave granted in the Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man as an overseas domestic worker in a private household, it was granted before 6 April 2012; and
    4. (iv) the most recent period of leave in the relevant continuous period of 5 years or 4 years has been granted in the United Kingdom.
  2. (b) Except for periods when the applicant had leave as a highly skilled migrant, a self-employed lawyer, a writer, composer or artist, an innovator or on the grounds of his UK Ancestry, and subject to paragraph (ba):
  3. (ba) For the purposes of paragraph (b), continuous employment in the UK may include employment in the Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man under the terms of his work permit or in the employment for which he was given leave to enter or remain, provided that the most recent work permit or period of leave was granted in the UK; and, in any such case, paragraph (b) shall apply to employment in the Bailiwick of Guernsey, Bailiwick of Jersey and the Isle of Man in the same way as it applies to employment in the UK.
    1. (i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of his work permit or in the employment for which he was given leave to enter or remain, except that any breaks in employment in which he applied for leave as a work permit holder or as an employee under any provision of this section to work for a new employer shall be disregarded provided this is within 60 days of the end of his employment with his previous employer.
    2. (ii) any absences from the UK must have been for a purpose that is consistent with the continuous permitted employment in (i), including paid annual leave or for serious or compelling reasons.

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

128.A person coming to the UK to seek or take employment must be otherwise eligible for admission under these Rules or eligible for admission as a seaman under contract to join a ship due to leave British waters. The requirements for applications for work permit employment set out in paragraphs 128 to 133 of these Rules were deleted on 6 April 2012 by Statement of Changes HC 1888 except insofar as relevant to paragraphs 134 to 135.

Indefinite leave to remain for a work permit holder

  1. 134. Indefinite leave to remain may be granted on application provided the applicant:
    1. (i) has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
    2. (ii) has met the requirements of paragraph 128(i) to (v) throughout their leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
    3. (iii) is still required for the employment in question, as certified by the employer; and
    4. (iv) provides certification from the employee that the applicant is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J, or where the applicant is on maternity, paternity or adoption leave at the time of the application and not being paid the appropriate rate, the date that leave started and that they were paid at the appropriate rate immediately before the start of that leave.
    5. (v) provides the specified documents in paragraph 134-SD to evidence the employer’s certification in sub-section (iv), and the reason for the absences set out in paragraph 128A, and
    6. (vi) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
    7. (vii) does not fall for refusal under the general grounds for refusal; and
    8. (viii) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

134SD - Specified documents

The specified documents referred to in paragraph 134(v) are A, B and C below:

A. Either a payslip and a personal bank or building society statement, or a payslip and a building society pass book.

  1. (a) Payslips must be:
    1. (i) the applicant’s most recent payslip,
    2. (ii) dated no earlier than one calendar month before the date of the application, and
    3. (iii) either:
      1. (1) an original payslip,
      2. (2) on company-headed paper, or
      3. (3) accompanied by a letter from the applicant’s Sponsor, on company headed paper and signed by a senior official, confirming the payslip is authentic.
  2. (b) Personal bank or building society statements must:
    1. (i) be the applicant’s most recent statement,
    2. (ii) be dated no earlier than one calendar month before the date of the application,
    3. (iii) clearly show:
      1. (1) the applicant’s name,
      2. (2) the applicant’s account number,
      3. (3) the date of the statement,
      4. (4) the financial institution’s name,
      5. (5) the financial institution’s logo, and
      6. (6) transactions by the Sponsor covering the period no earlier than one calendar month before the date of the application, including the amount shown on the specified payslip as at 134-SD A (a),
    4. (iv) be either:
      1. (1) printed on the bank’s or building society’s letterhead,
      2. (2) electronic bank or building society statements, accompanied by a supporting letter from the bank or building society, on company headed paper, confirming the statement provided is authentic, or
      3. (3) electronic bank or building society statements, bearing the official stamp of the bank or building society on every page, and
    5. (v) not be mini-statements from automatic teller machines (ATMs).
  1. (c)Building society pass books must
    1. (i)clearly show:
      1. (1)the applicant’s name,
      2. (2)the applicant’s account number,
      3. (3)the financial institution’s name,
      4. (4)the financial institution’s logo, and
      5. (5)transactions by the sponsor covering the period no earlier than one calendar month before the date of the application, including the amount shown on the specified payslip as at 134-SD A (a),and
    2. (ii)be either:
      1. (1)the original pass book, or
      2. (2)a photocopy of the pass book which has been certified by the issuing building society on company headed paper, confirming the statement provided is authentic.

B. A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave. Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

C. Where the applicant is not being paid the appropriate rate in Appendix J due to maternity, paternity or adoption leave:

  1. (a)Payslips must be:
    1. (i)the applicant’s payslip from the month immediately preceding the leave,
    2. (ii)the applicant’s payslips for each month of the period of the leave,
    3. (iii)as set out in A(a)(iii) above.
  2. (b)Bank or building society statements must be:
    1. (i)the applicant’s statement from the month immediately preceding the leave,
    2. (ii)the applicant’s statement for each month of the period of the leave,
    3. (iii)as set out in A(b)(iii) above.

Refusal of indefinite leave to remain for a work permit holder

135.Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.

Highly skilled migrants

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

135A. DELETED

Leave to enter as a highly skilled migrant

135B.DELETED

Refusal of leave to enter as a highly skilled migrant

135C.DELETED.

Requirements for an extension of stay as a highly skilled migrant

135D. DELETED

135DA. DELETED

135DB. DELETED

135DC. DELETED

135DD. DELETED

135DE. DELETED

135DF. DELETED

135DG. DELETED

135DH. DELETED

Extension of stay as a highly skilled migrant

135E.DELETED

Refusal of extension of stay as a highly skilled migrant

135F.DELETED

Requirements for indefinite leave to remain as a highly skilled migrant

  1. 135G.The requirements for indefinite leave to remain for a person who has been granted leave as a highly skilled migrant are that the applicant:
    1. (a) has spent a continuous period of 5 years (or 4 years where the applicant received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 3 April 2006, and was subsequently granted entry clearance or leave to remain on the basis of that letter) lawfully in the United Kingdom; and
    2. (b) on the date that the continuous period of 5 years (or 4 years as appropriate, as set out in (a)) ends, has leave as a highly skilled migrant, and has spent the remainder of the period with leave as a highly skilled migrant, a work permit holder or an Innovator; and
    3. (c) throughout the 5 years (or 4 years where applicable, as set out in (a)) spent in the United Kingdom, has maintained and accommodated himself and any dependants adequately without recourse to public funds; and
    4. (d) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
    5. (e) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless the applicant received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 7 November 2006, and was subsequently granted entry clearance or leave to remain on the basis of that letter; and
    6. (f) does not fall for refusal under the general grounds for refusal, except that paragraph 322(1C) shall not apply if the applicant received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 7 November 2006, and was subsequently granted entry clearance or leave to remain on the basis of that letter; and
    7. (g) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded, unless the applicant received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 7 November 2006, and was subsequently granted entry clearance or leave to remain on the basis of that letter; and
    8. (h) has made the application for indefinite leave to remain before 6 April 2018.

Indefinite leave to remain as a highly skilled migrant

135GA. Indefinite leave to remain may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 135G is met and that the application does not fall for refusal under paragraph 135HA.

Refusal of indefinite leave to remain as a highly skilled migrant

135H. Indefinite leave to remain in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135G is met or if the application falls for refusal under paragraph 135HA.

Additional grounds for refusal for highly skilled migrants

135HA. An application under paragraphs 135A-135C or 135G-135H of these Rules is to be refused, even if the applicant meets all the requirements of those paragraphs, if the Immigration Officer or Secretary of State has cause to doubt the genuineness of any document submitted by the applicant and, having taken reasonable steps to verify the document, has been unable to verify that it is genuine.

Sectors-Based Scheme

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

135I.DELETED.

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

135J.DELETED

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

135K.DELETED.

Requirements for an extension of stay for Sector-Based employment

135L.DELETED.

Extension of stay for Sectors-Based Scheme employment

135M.DELETED.

Refusal of extension of stay for Sectors-Based Scheme employment

135N.DELETED.

International Graduates Scheme

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

135O.DELETED

Leave to enter as a participant in the International Graduates Scheme

135P.DELETED

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

135Q.DELETED

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

135R.DELETED

Leave to remain as a participant in the International Graduates Scheme

135S.DELETED

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

135ST.DELETED

Representatives of overseas newspapers, news agencies and broadcasting organisations

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

136.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC1113 except insofar as relevant to paragraph 142 and 143.

Indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation

  1. 142. Indefinite leave to remain may be granted, on application, to a representative of an overseas newspaper, news agency or broadcasting organisation provided the applicant:
    1. (i) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii) has met the requirements of paragraph 139 throughout the 5 year period; and
    3. (iii) is still required for the employment in question, as certified by the employer; and
    4. (iv) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    5. (v) does not fall for refusal under the general grounds for refusal; and
    6. (vi) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    7. (vii) provides the specified documents in paragraph 142-SD to evidence the reason for the absences set out in paragraph 128A.

142-SD Specified documents

  1. The specified documents referred to in paragraph 142(vii) are:
    1. a)A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. b)Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation.

143.Indefinite leave to remain in the United Kingdom for a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 142 is met.

143A.DELETED

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

143B.DELETED

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

143C.DELETED

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

143D.DELETED

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

143E.DELETED

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

143F.DELETED

Representatives of overseas businesses

Requirements for leave to enter as a representative of an overseas business

  1. 144.The requirements to be met by a person seeking leave to enter the United Kingdom as a representative of an overseas business are that he:
    1. (i)has been recruited and taken on as an employee outside the United Kingdom of a business which has its headquarters and principal place of business outside the United Kingdom; and
    2. (ii) is seeking entry to the United Kingdom:
      1. (a) as a senior employee of an overseas business which has no branch, subsidiary or other representative in the United Kingdom with full authority to take operational decisions on behalf of the overseas business for the purpose of representing it in the United Kingdom by establishing and operating a registered branch or wholly owned subsidiary of that overseas business, the branch or subsidiary of which will be concerned with same type of business activity as the overseas business; or
      2. (b) as an employee of an overseas newspaper, news agency or broadcasting organisation being posted on a long-term assignment as a representative of their overseas employer.
    3. (iii) where entry is sought under (ii)(a), the person:
      1. (a) will be the sole representative of the employer present in the United Kingdom under the terms of this paragraph;
      2. (b) intends to be employed full time as a representative of that overseas business;
      3. (c) is not a majority shareholder in that overseas business;
      4. (d) must supply from his employer:
        1. (1) a full description of the company’s activities, including details of the company’s assets and accounts and the company share distribution for the previous year;
        2. (2) a letter which confirms the overseas company will establish a wholly-owned subsidiary or register a branch in the UK in the same business activity as the parent company;
        3. (3) a job description, salary details and contract of employment for the applicant;
        4. (4) a letter confirming the applicant is fully familiar with the company’s activities and has full powers to negotiate and take operational decisions without reference to the parent company; and
        5. (5) a notarised statement which confirms the applicant will be their sole representative in the UK; the company has no other branch, subsidiary or representative in the UK; its operations will remain centred overseas; and the applicant will not engage in business of their own nor represent any other company’s interest;
    4. (iv) where entry is sought under (ii)(b), the person intends to work full-time as a representative of their overseas employer.
    5. (v) does not intend to take employment except within the terms of this paragraph; and
    6. (vi) has competence in the English language to the required standard on the basis that
      1. (a) the applicant is a national of one of the following countries: Antigua and Barbuda; Australia; the Bahamas; Barbados; Belize; Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; United States of America; and provides the specified documents in paragraph 144-SD(a) or
      2. (b) the applicant has a knowledge of English equivalent to level A1 or above of the Council of Europe’s Common European Framework for Language Learning, and
        1. (1) provides the specified documents from an English language test provider approved by the Secretary of State for these purposes, as listed in Appendix O, which clearly show the applicant’s name, the qualification obtained (which must meet or exceed the standard described above in speaking and listening) and the date of the award, or
        2. (2) has obtained an academic qualification (not a professional or vocational qualification) which is a Bachelor’s degree or Master’s degree or PhD awarded by an educational establishment in the UK; or, if awarded by an educational establishment outside the UK, is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree or Master’s degree or PhD in the UK, and
          1. (i) provides the specified documents in paragraph 144-SD(b) to show he has the qualification, and
          2. (ii) unless it is a qualification awarded by an educational establishment in the UK UK NARIC has confirmed that the qualification was taught or researched in English to level C1 of the Council of Europe’s Common European Framework for Language learning or above, or
        3. (3) has obtained an academic qualification (not a professional or vocational qualification) from overseas which is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor’s or Master’s degree in the UK, and provides the specified documents in paragraph 144-SD(c) to show that:
          1. (i) he has the qualification, and
          2. (ii) the qualification was taught or researched in English, or
        4. (4) has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the USA; and provides the specified documents in paragraph 144-SD(b).
    7. (vii) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
    8. (viii) holds a valid United Kingdom entry clearance for entry in this capacity.

144-SD Specified documents

  1. a) The specified documents in paragraph 144(vi)(a) as evidence of nationality are the applicant’s current valid original passport or travel document. If the applicant is unable to provide these, the UK Border Agency may exceptionally consider this requirement to have been met where the applicant provides full reasons in the passport section of the application form, and either:
    1. i) a current national identity document, or
    2. ii) an original letter from his home government or embassy, on the letter-headed paper of the government or embassy, which has been issued by an authorised official of that institution and confirms the applicant’s full name, date of birth and nationality.
    3. b) The specified documents in paragraph 144(vi)(b)(2)(i) and paragraph 144(vi)(4) as evidence of qualifications taught in English are:
      1. 1) the original certificate of the award, or
      2. 2) if the applicant is awaiting graduation having successfully completed the qualification, or no longer has the certificate and the awarding institution is unable to provide a replacement, an academic transcript (or original letter in the case of a PhD qualification) from the awarding institution on its official headed paper, which clearly shows:
        1. (a)the applicant’s name,
        2. (b)the name of the awarding institution,
        3. (c)the title of the award,
        4. (d)confirmation that the qualification has been or will be awarded, and
        5. (e)the date that the certificate will be issued (if the applicant has not yet graduated) or confirmation that the institution is unable to reissue the original certificate or award.
    4. c)The specified documents in paragraph 144(vi)(b)(3)(i) as evidence of qualifications taught in English are:
      1. 1)the specified documents in (b) above, and
      2. 2)an original letter from the awarding institution on its official headed paper, which clearly shows:
        1. (a)the applicant’s name,
        2. (b)the name of the awarding institution,
        3. (c)the title of the award,
        4. (d)the date of the award, and
        5. (e)confirmation that the qualification was taught in English.

Leave to enter as a representative of an overseas business

  1. 145. A person seeking leave to enter the United Kingdom as a representative of an overseas business may be admitted for a period not exceeding 3 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity, and his leave may be subject to the following conditions:
    1. (i) no recourse to public funds,
    2. (ii) registration with the police, if this is required by paragraph 326 of these Rules,
    3. (iii) no employment other than working for the business which the applicant has been admitted to represent, and
    4. (iv) study subject to the condition set out in Part 15 of these Rules.

Refusal of leave to enter as a representative of an overseas business

146.Leave to enter as a representative of an overseas business is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay as a representative of an overseas business

  1. 147. The requirements for an extension of stay as a representative of an overseas business are that the applicant:
    1. (i) entered the United Kingdom with a valid United Kingdom entry clearance as:
      1. (a) a sole representative of an overseas business, including entry under the rules providing for the admission of sole representatives in force prior to 1 October 2009; or
      2. (b) a representative of an overseas newspaper, news agency or broadcasting organisation;
    2. (ii) the person was admitted in accordance with paragraph 144(ii)(a) and can show:
      1. (a) that the overseas business still has its headquarters and principal place of business outside the United Kingdom; and
      2. (b) that he is employed full time as a representative of that overseas business and has established and is in charge of its registered branch or wholly owned subsidiary;
      3. (c) that he is still required for the employment in question, as certified by his employer;
      4. (d) that he is in receipt of a salary from his employer, by providing evidence of the salary paid in the previous 12 months and the constitution of the remuneration package (for example, whether the salary was basic or commission and the number of hours worked);
      5. (e) evidence he has generated business, principally with firms in the UK, on behalf of his employer since his last grant of leave. The evidence must be in the form of accounts, copies of invoices or letters from firms who the applicant has done business with, including the value of transactions; and
      6. (f) a Companies House certificate of registration as a UK establishment (for a branch), and a certificate of incorporation (for a subsidiary) with either a copy of the share register or a letter from the company’s accountants confirming that all shares are held by the parent company;
    3. (iii) the person was admitted in accordance with paragraph 144(ii)(b) and can show that:
      1. (a) he is still engaged in the employment for which the entry clearance was granted;
      2. (b) he is still required for the employment in question, as certified by his employer; and
      3. (c) he is in receipt of a salary from his employer, by providing evidence of the salary paid in the previous 12 months and the constitution of the remuneration package (for example, whether the salary was basic or commission and the number of hours worked);
    4. (iv) does not intend to take employment except within the terms of this paragraph; and
    5. (v) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
    6. (vi) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Extension of stay as a representative of an overseas business

  1. 148. An extension of stay as a representative of an overseas business may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 147 is met. The extension of stay will be granted for:
    1. (i) a period not exceeding 2 years, unless paragraph (ii) applies.
    2. (ii) a period not exceeding 3 years, if the applicant was last granted leave prior to 1 October 2009, and will be subject to the following conditions:
    3. (i) no recourse to public funds,
    4. (ii) registration with the police, if this is required by paragraph 326 of these Rules,
    5. (iii) no employment other than working for the business which the applicant has been admitted to represent, and
    6. (iv) study subject to the condition set out in Part 15 of these Rules

Refusal of extension of stay as a representative of an overseas business

149.An extension of stay as a representative of an overseas business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 147 is met.

Indefinite leave to remain for a representative of an overseas business

  1. 150.Indefinite leave to remain may be granted, on application, to a representative of an overseas business provided the applicant:
    1. (i)has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii)has met the requirements of paragraph 147 throughout the 5 year period; and
    3. (iii)is still required for the employment in question, as certified by the employer; and
    4. (iv)has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    5. (v)does not fall for refusal under the general grounds for refusal; and
    6. (vi)is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    7. (vii)provides the specified documents in paragraph 150-SD to evidence the reason for the absences set out in paragraph 128A.

150-SD Specified documents

  1. The specified documents referred to in paragraph 150(vii) are:
    1. (a) A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. (b) Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain for a sole representative of an overseas business

151.Indefinite leave to remain in the United Kingdom for a representative of an overseas business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 150 is met.

Private servants in diplomatic households

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

152.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 158 and 159.

Indefinite leave to remain for a servant in a diplomatic household

  1. 158. Indefinite leave to remain may be granted, on application, to a private servant in a diplomatic household provided the applicant:
    1. (i) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii) has met the requirements of paragraph 155 throughout the 5 year period; and
    3. (iii) is still required for the employment in question, as certified by the employer; and
    4. (iv) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    5. (v) does not fall for refusal under the general grounds for refusal; and
    6. (vi) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    7. (vii) provides the specified documents in paragraph 158-SD to evidence the reason for the absences set out in paragraph 128A.

158-SD Specified documents

  1. The specified documents referred to in paragraph 158(vii) are:
    1. (a) A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. (b) Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain for a servant in a diplomatic household

159.Indefinite leave to remain in the United Kingdom for a private servant in a diplomatic household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 158 is met.

Domestic workers in private households

Requirements for leave to enter as a domestic worker in a private household

  1. 159A. The requirements to be met by a person seeking leave to enter the United Kingdom as a domestic worker in a private household are that the applicant:
    1. (i) is aged 18 years or over; and
    2. (ii) has been employed as a domestic worker for one year or more immediately prior to the application for entry clearance under the same roof as the employer or in a household that the employer uses for himself on a regular basis and where evidence is produced to demonstrate the connection between employer and employee in the form of:
      1. (a) a letter from the employer confirming that the domestic worker has been employed by them in that capacity for the twelve months immediately prior to the date of application; and
      2. (b) one of the following documents covering the same period of employment as that in (a):
        1. (i) pay slips or bank statements showing payment of salary;
        2. (ii) confirmation of tax paid;
        3. (iii) confirmation of health insurance paid;
        4. (iv) contract of employment;
        5. (v) work visa, residence permit or equivalent passport endorsement for the country in which the domestic worker has been employed by that employer; or
        6. (vi) visas or equivalent passport endorsement to confirm that the domestic worker has travelled with the employer; and
    3. (iii)intends to work for the employer whilst the employer is in the United Kingdom and intends to travel in the company of either;
      1. (a) a British or EEA national employer, or that employer’s British or EEA national spouse, civil partner or child, where the employer’s usual place of residence is outside the UK and where the employer does not intend to remain in the UK beyond six months; or
      2. (b) a British or EEA national employer’s foreign national spouse, civil partner or child where the employer does not intend to remain in the UK beyond six months; or
      3. (c) a foreign national employer or the employer’s spouse, civil partner or child where the employer is seeking or has been granted entry clearance or leave to enter under Part 2 of these Rules; and
    4. (iv) intends to leave the UK at the end of six months in the United Kingdom or at the same time as the employer, whichever is the earlier; and does not intend to live for extended periods in the United Kingdom through frequent or successive visits; and
    5. (v) has agreed in writing terms and conditions of employment in the UK with the employer, including specifically that the applicant will be paid in accordance with the National Minimum Wage Act 1998 and any Regulations made under it, and provides evidence of this in the form set out in Appendix 7 with the entry clearance application; and
      1. (va) satisfies the Entry Clearance Officer or Immigration Officer that, throughout their employment in the UK, the employer intends to pay them at least the National Minimum Wage rate to which they are entitled by the law in force at the relevant time; and
      2. (vb) provides a written and signed statement from the employer confirming that the applicant is an employee and the work that will be carried out by the applicant will not constitute work within the meaning of paragraph 57 of the National Minimum Wage Regulations 2015 (as amended from time to time); and
    6. (vi) does not intend to take employment except as a domestic worker in a private household; and
    7. (vii)can maintain and accommodate him or herself adequately without recourse to public funds; and
    8. (viii)holds a valid entry clearance for entry in this capacity.

Leave to enter as a domestic worker in a private household

159B. A person seeking leave to enter the United Kingdom as a domestic worker in a private household may be given leave to enter for that purpose for a period of 6 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity. Any conditions attached to leave granted in accordance with this paragraph shall not prevent the applicant from taking employment as a domestic worker in a private household other than that of the employer in relation to which entry clearance was originally granted.

Refusal of leave to enter as a domestic worker in a private household

159C. Leave to enter as a domestic worker in a private household is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for extension of stay as a domestic worker in a private household

  1. 159D. The requirements for an extension of stay as a domestic worker in a private household are that the applicant:
    1. (i) entered the United Kingdom with a valid entry clearance as a domestic worker in a private household; and
    2. (ii) was granted less than 6 months leave to enter in this capacity; and
    3. (iii) has continued to be employed for the duration of leave granted as a domestic worker in the private household of the employer with whom the applicant entered or joined in the UK; and
    4. (iv) continues to be required for employment for the period of the extension sought as a domestic worker in a private household that the employer lives in, where there is evidence of this in the form of written terms and conditions of employment in the UK as set out in Appendix 7 and evidence that the employer is living in the UK; and
      1. (iva) satisfies the Secretary of State that, throughout their employment in the UK, the employer intends to pay them at least the National Minimum Wage rate to which they are entitled by the law in force at the relevant time; and
      2. (ivb) provides a written and signed statement from the employer confirming that the applicant is an employee and the work that will be carried by the applicant will not constitute work within the meaning of paragraph 2(2) of the 1999 National Minimum Wage Regulations 1999 paragraph 57 of the National Minimum Wage Regulations 2015 (as amended from time to time); and
    5. (v) does not intend to take employment except as a domestic worker in the private household of the employer; and
    6. (vi) meets the requirements of paragraph 159A (iv) and (vii); and
    7. (vii) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Extension of stay as a domestic worker in a private household

159E.An extension of stay as a domestic worker in a private household may be granted for a period of six months less the period already spent in the UK in this capacity.

Requirements for extension of stay as a domestic worker in a private household for applicants who entered the United Kingdom under the Rules in place before 6 April 2012

  1. 159EA. The requirements for an extension of stay as a domestic worker in a private household for applicants who entered the United Kingdom under Rules in place before 6 April 2012 are that the applicant:
    1. (i)last entered the UK with a valid entry clearance as a domestic worker in a private household under Rules in place before 6 April 2012; and
    2. (ii)has continued to be employed for the duration of leave granted as a domestic worker in a private household; and
    3. (iii)continues to be required for employment for the period of the extension sought as a domestic worker for at least 30 hours per week in a private household under the same roof as the employer or in the same household that the employer has lived in and where evidence of this in the form of written terms and conditions of employment in the UK as set out in Appendix 7 and evidence that the employer resides in the UK; and
      1. (iii)(a) satisfies the Secretary of State that throughout their employment in the UK, the employer intends to pay them at least the National Minimum Wage rate to which they are entitled by the law in force at the relevant time; and
      2. (iii)(b) provides a written and signed statement from the employer confirming that the applicant is an employee and the work that will be carried by the applicant will not constitute work within the meaning of paragraph 57 of the National Minimum Wage Regulations 2015 (as amended from time to time); and
    4. (iv)does not intend to take employment except as a full time domestic worker in the private household referred to in sub-paragraph 159EA (iii); and
    5. (v)meets the requirements of paragraph 159A (i) and (vii); and
    6. (vi)must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Extension of stay as a domestic worker in a private household for applicants who entered the United Kingdom under the Rules in place before 6 April 2012

  1. 159EB(i) An extension of stay as a domestic worker in a private household may be granted for a period not exceeding 12 months at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 159EA are met.
    1. (ii) Except, where the application is decided before the current leave expires, the extension of stay granted may be for a period not exceeding 12 months plus the time remaining before the expiry of the current leave (so if the application is decided on March 31st and the current leave does not expire until April 30th, an additional period of one month’s leave may be granted).

Refusal of extension of stay as a domestic worker in a private household

159F. An extension of stay as a domestic worker may be refused if the Secretary of State is not satisfied that each of the requirements of paragraph either paragraph 159D or, where applicable, paragraph 159EA, is met.

Indefinite leave to remain for a domestic worker in a private household

  1. 159G. The requirements for indefinite leave to remain as a domestic worker in a private household are that the applicant:
    1. (i) entered the United Kingdom with a valid entry clearance as a domestic worker in a private household under the Rules in place before 6 April 2012; and
    2. (ii) has spent a continuous period of 5 years lawfully in the United Kingdom employed in this capacity; and
    3. (iii) has met the requirements of paragraph 159A (vi) and (vii) throughout the 5 year period; and
    4. (iv) continues to be required for employment as a domestic worker in a private household as certified by the current employer; and
    5. (v) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    6. (vi) does not fall for refusal under the general grounds for refusal; and
    7. (vii) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    8. (viii) provides the specified documents in paragraph 159G-SD to evidence the reason for the absences set out in paragraph 128A.

159G-SD Specified documents

  1. The specified documents referred to in paragraph 159G(viii) are:
    1. (a) A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. (b) Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain for a domestic worker in a private household

159H. Indefinite leave to remain in the United Kingdom for a domestic worker in a private household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 159G is met.

Domestic workers who are the victim of slavery or human trafficking

Requirements for leave to remain as a domestic worker who is the victim of slavery or human trafficking

  1. 159I. The requirements to be met by a person seeking leave to remain as a domestic worker who is the victim of slavery or human trafficking are that:
    1. (i) the applicant’s most recent grant of leave to enter or remain in the UK has been granted:
      1. (a) as a domestic worker in a private household;
      2. (b) as a Tier 5 (Temporary Worker) migrant on the basis of a Certificate of Sponsorship issued in the International Agreement subcategory which confirmed that the applicant was being sponsored as a private servant in a diplomatic household;
      3. (c) as a domestic worker who is the victim of slavery or human trafficking; or
      4. (d) outside these Rules having been the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism, and where the applicant’s most recent leave prior to that decision was as a domestic worker within the meaning of (a) or (c) above;
    2. (ii) the applicant is the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism; *(iii) except where the applicant is applying to extend a previous grant of leave to remain as a domestic worker who is the victim of slavery or human trafficking, the application:
      1. (a) is made within 28 days of the decision at (ii) being notified to the applicant; or
      2. (b) if the applicant has an outstanding application for leave to remain on the date that the decision at (ii) is notified to the applicant, or the applicant makes an application for (or is being considered for a grant of) leave to remain on some other basis within 28 days of that date, is made within 28 days of the outcome of that application or consideration being notified to the applicant; or
      3. (c) if the applicant is a person who falls within sub-paragraph (i)(d) above, is made before the applicant’s most recent grant of leave expires; and
    3. (iv) the applicant can maintain and accommodate him or herself without recourse to public funds.

Leave to remain as a domestic worker who is the victim of slavery or human trafficking

  1. 159J. Except where paragraph 159JA applies, a person meeting the requirements of paragraph 159I will be granted leave to remain for a period not exceeding 2 years. A person previously granted leave to remain as a domestic worker who is a victim of slavery or human trafficking for a period of less than 2 years may, if they continue to meet the requirements of paragraph 159I, be granted a further period of leave to remain such that their total leave to remain as a domestic worker who is a victim of slavery or human trafficking does not exceed 2 years. Leave to remain granted in accordance with this paragraph or paragraph 159JA will be subject to the following conditions:
    1. (i) no recourse to public funds; and
    2. (ii) no employment except:
      1. (a) as a domestic worker in a private household;
      2. (b) as a private servant in a diplomatic household working only in the household of the employer recorded by the Certificate of Sponsorship Checking Service in the Tier 5 (International Agreement) sub-category issued to the applicant in accordance with paragraph 111(g)(iii) of Appendix A of these Rules before the employment commences.
  2. 159JA. A person meeting the requirements of paragraph 159I who has previously been granted leave outside these Rules having been the subject of a positive conclusive grounds decision made by a competent authority under the National Referral Mechanism may be granted a period of leave to remain such that the total duration of leave granted outside the Rules and under this provision does not exceed 2 years.

Refusal of leave to remain as a domestic worker who is the victim of slavery or human trafficking

159K. Leave to remain as a domestic worker who is the victim of slavery or human trafficking may be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 159I is met.

Overseas government employees

Requirements for leave to enter as an overseas government employee

160.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 167 and 168.

Indefinite leave to remain for an overseas government employee

  1. 167.Indefinite leave to remain may be granted, on application, to an overseas government employee provided the applicant:
    1. (i)has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii)has met the requirements of paragraph 164 throughout the 5 year period; and
    3. (iii)is still required for the employment in question, as certified by the employer; and
    4. (iv)has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    5. (v)does not fall for refusal under the general grounds for refusal; and
    6. (vi)is not in the UK in breach of immigration laws except that , where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    7. (vii)provides the specified documents in paragraph 167-SD to evidence the reason for the absences set out in paragraph 128A.

167-SD Specified documents

  1. The specified documents referred to in paragraph 167(vii) are:
    1. (a)A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. (b)Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain for an overseas government employee

168.Indefinite leave to remain in the United Kingdom for an overseas government employee is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 167 is met.

  1. 169. For the purposes of these Rules:
    1. (i) a minister of religion means a religious functionary whose main regular duties comprise the leading of a congregation in performing the rites and rituals of the faith and in preaching the essentials of the creed;
    2. (ii) a missionary means a person who is directly engaged in spreading a religious doctrine and whose work is not in essence administrative or clerical;
    3. (iii) a member of a religious order means a person who is coming to live in a community run by that order.

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

170.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 176 AND 177.

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

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

Indefinite leave to remain for a minister of religion, missionary or member of a religious order

  1. 176. Indefinite leave to remain may be granted, on application, to a person admitted as a minister of religion, missionary or member of a religious order provided the applicant:
    1. (i) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii) has met the requirements of paragraph 173 or 174A throughout the 5 year period; and
    3. (iii) is still required for the employment in question as certified by the leadership of the congregation, the employer or the head of the religious order to which the applicant belongs; and
    4. (iv) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    5. (v) does not fall for refusal under the general grounds for refusal; and
    6. (vi) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    7. (vii) provides the specified documents in paragraph 176-SD to evidence the reason for the absences set out in paragraph 128A.

176-SD Specified documents

  1. The specified documents referred to in paragraph 176(vii) are:
    1. (a) A letter from the leadership of the congregation, the employer or the head of the religious order to which the applicant belongs, detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. (b) Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

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

177.Indefinite leave to remain in the United Kingdom for a minister of religion, missionary or member of a religious order is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 176 is met.

177A.DELETED

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

177B.DELETED

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

177C.DELETED

177D.DELETED

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

177E.DELETED

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

177F.DELETED

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

177G.DELETED

Airport based operational ground staff of overseas-owned airlines

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

178.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 184 and 185.

Indefinite leave to remain for a member of the operational ground staff of an overseas owned airline

  1. 184. Indefinite leave to remain may be granted, on application, to a member of the operational ground staff of an overseas-owned airline provided the applicant:
    1. (i) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii) has met the requirements of paragraph 181 throughout the 5 year period; and
    3. (iii) is still required for the employment in question as certified by the employer; and
    4. (iv) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    5. (v) does not fall for refusal under the general grounds for refusal; and
    6. (vi) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    7. (vii) provides the specified documents in paragraph 184-SD to evidence the reason for the absences set out in paragraph 128A.

184-SD Specified documents

  1. The specified documents referred to in paragraph 184(vii) are:
    1. (a) A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
    2. (b) Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain for a member of the operational ground staff of an overseas owned airline

185.Indefinite leave to remain in the United Kingdom for a member of the operational ground staff of an overseas owned airline is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 184 is met.

Persons with United Kingdom ancestry

Requirements for leave to enter on the grounds of United Kingdom ancestry

  1. 186.The requirements to be met by a person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry are that he:
    1. (i) is a Commonwealth citizen; and
    2. (ii) is aged 17 or over; and
    3. (iii) is able to provide proof that one of his grandparents was born in the United Kingdom and Islands and that any such grandparent is the applicant’s blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and
    4. (iv) is able to work and intends to take or seek employment in the United Kingdom; and
    5. (v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
    6. (vi) holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter the United Kingdom on the grounds of United Kingdom ancestry

187.A person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry may be given leave to enter for a period not exceeding 5 years, subject to a condition on study as set out in Part 15 of these Rules, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.

Refusal of leave to enter on the grounds of United Kingdom ancestry

188.Leave to enter the United Kingdom on the grounds of United Kingdom ancestry is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

Requirements for an extension of stay on the grounds of United Kingdom ancestry

  1. 189.The requirements to be met by a person seeking an extension of stay on the grounds of United Kingdom ancestry are that:
    1. (i)he is able to meet each of the requirements of paragraph 186 (i)-(v); and
    2. (ii)he was admitted to the United Kingdom on the grounds of United Kingdom ancestry in accordance with paragraphs 186 to 188 or has been granted an extension of stay in this capacity; and
    3. (iii)he is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Extension of stay on the grounds of United Kingdom ancestry

190.An extension of stay on the grounds of United Kingdom ancestry may be granted for a period not exceeding 5 years, subject to a condition on study as set out in Part 15 of these Rules, provided the Secretary of State is satisfied that each of the requirements of paragraph 189 is met.

Refusal of extension of stay on the grounds of United Kingdom ancestry

191.An extension of stay on the grounds of United Kingdom ancestry is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 189 is met.

Indefinite leave to remain on the grounds of United Kingdom ancestry

  1. 192.Indefinite leave to remain may be granted, on application, to a Commonwealth citizen with a United Kingdom born grandparent provided the applicant:
    1. (i)meets the requirements of paragraph 186 (i)-(v); and
    2. (ii)has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    3. (iii)has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL;and
    4. (iv)does not fall for refusal under the general grounds for refusal; and
    5. (v)is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    6. (vi)provides the specified documents in paragraph 192-SD to evidence the reason for the absences set out in paragraph 128A, where the absence was due to a serious or compelling reason.

192-SD Specified documents

The specified documents referred to in paragraph 192(vi) are:

A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.

Refusal of indefinite leave to remain on the grounds of United Kingdom ancestry

193.Indefinite leave to remain in the United Kingdom on the grounds of a United Kingdom born grandparent is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 192 is met.

Partners of persons who have or have had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K)

193A.Nothing in paragraphs 194-196F is to be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a partner of a person granted entry clearance or leave to enter under Paragraph 159A where that entry clearance or leave to enter was granted under 159A on or after 6 April 2012.

Requirements for leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 194.The requirements to be met by a person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:
    1. (i) the applicant is the spouse, civil partner, unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and
    2. (ii) if an unmarried or same-sex partner:
      1. (1) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
      2. (2) the parties are not involved in a consanguineous relationship with one another; and
      3. (3) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and
    3. (iii) each of the parties intends to live with the other as his or her partner during the applicant’s stay and the relationship is subsisting; and
    4. (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
    5. (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
    6. (vi) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and
    7. (vii) the applicant does not fall for refusal under the general grounds for refusal; and
    8. (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

195.A person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K), subject to a condition on study as set out in Part 15 of these Rules, provided the Immigration Officer is satisfied that each of the requirements of paragraph 194 is met. If the person is seeking leave to enter as the partner of a Highly Skilled Migrant, leave which is granted will be subject to a condition prohibiting Employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System and provides evidence of this degree.

Refusal of leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

196.Leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 194 is met.

Requirements for extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 196A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
    1. (i) is the spouse, civil partner, unmarried or same sex partner of a person who:
      1. (1)has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); or
      2. (2) has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
    2. (ii) meets the requirements of paragraph 194(ii) - (vii); and
    3. (iii) was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    4. (iv) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 196B. An extension of stay in the United Kingdom as:
    1. (i) the partner of a person who has limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted, subject to a condition on study as set out in Part 15 of these Rules, for a period not in excess of that granted to the person with limited leave to enter or remain; or
    2. (ii) the partner of a person who is being admitted at the same time for settlement, or the partner of a person who has indefinite leave to remain or has become a British citizen, may be granted for a period not exceeding 2 years, subject to a condition on study as set out in Part 15 of these Rules, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 196A is met.
  2. If the person is seeking an extension of stay as the partner, of a Highly Skilled Migrant, leave which is granted will be subject to a condition prohibiting Employment as a Doctor or Dentist in Training, unless the applicant:
    1. (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.

Refusal of extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

196C. An extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 196A is met.

Requirements for indefinite leave to remain for the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
    1. (i) is the spouse, civil partner, unmarried or same-sex partner of a person who:
      1. (1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
      2. (2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
    2. (ii) meets the requirements of paragraph 194(ii) - (vii); and
    3. (iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
    4. (iv) was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    5. (v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

196E.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met.

Refusal of indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

196F.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 196D is met.

Children of persons with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135i-135k)

196G.Nothing in paragraphs 197-199 is to be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the child of a person granted entry clearance or leave to enter under Paragraph 159A where that entry clearance or leave to enter was granted under 159A on or after 6 April 2012.

Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 197. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that:
    1. (i) he is the child of a parent with limited leave to enter or remain in the United Kingdom under paragraphs 128-193(but not paragraphs 135I-135K) or, in respect of applications for leave to remain only, of a parent who has indefinite leave to remain in the UK but who immediately before that grant had limited leave to rener or remain under those paragraphs; and
    2. (ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
    3. (iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
    4. (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
    5. (v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
    6. (vi) both parents are being or have been admitted to or allowed to remain in 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
    7. (vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, he was not last granted:
      1. (1)entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    8. (viii) if seeking leave to remain, must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 198. (a) A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K), subject to a condition on study as set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided that:
    1. i) in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity; or
    2. ii) in the case of an application for limited leave to remain, he was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release,
    3. and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and(viii) is met.
    4. (b) A person seeking leave to remain as the child of a parent who has indefinite leave to remain in the UK and who had limited leave under paragraphs 128 - 193 (but not paragraphs 135l - 135K) immediately before being granted indefinite leave may be given leave to remain in the UK for a period of 30 months, subject to a condition on study as set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided he is in the UK with valid leave under paragraph 198 and is able to satisfy the Secretary of State that each of the requirements of paragraph 197(i) and 197 (ii) - (vi) and(viii) is met.

Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 198A. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if:
    1. (i) 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
    2. (ii) in the case of an application for limited leave to remain, if the applicant was last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release,
  2. or is unable to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met.

Requirements for indefinite leave to remain as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

  1. 199.The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant:
    1. (i) is the child of a person who:
      1. (1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or
      2. (2) has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
    2. (ii) meets the requirements of paragraph 197(i) - (vi) and (viii); and
    3. (iii) was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    4. (iv) does not fall for refusal under the general grounds for refusal; and
    5. (v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    6. (vi) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL,unless he is under the age of 18 at the date on which the application is made.

Indefinite leave to remain as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

199A.Indefinite leave to remain in the United Kingdom as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 199 is met.

Refusal of indefinite leave to remain as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K)

199B.Indefinite leave to remain in the United Kingdom as the child of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 199 is met.