Immigration Rules

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Immigration Rules part 6A: the points-based system

Points-based system (paragraphs 245AAA to 245ZZE).

245AAA.General requirements for indefinite leave to remain

For the purposes of references in this Part to requirements for indefinite leave to remain, except for those in paragraphs 245BF, 245DF and 245EF:

  1. (a) “continuous period of 5 years lawfully in the UK” means, subject to paragraphs 245CD, 245GF and 245HF, 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 month periods preceding the date of the application for leave to remain, except that any absence from the UK for the purpose of assisting with the Ebola crisis which began in West Africa in 2014 shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that his Sponsor agreed to the absence(s);
    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 UK 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 current 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.
  2. (b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, composer or artist, the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor.
  3. (c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant’s basis of stay here, including paid annual leave, or for serious or compelling reasons.

245AA.Documents not submitted with applications

  1. (a) Subject to sub-paragraph (b), where Part 6A or any appendices referred to in Part 6A state that specified documents must be provided, the decision maker (that is the Entry Clearance Officer, Immigration Officer or the Secretary of State) will only consider documents received by the Home Office before the date on which the application is considered.
  2. (b) If the applicant has submitted the specified documents and:
    1. (i) some of the documents within a sequence have been omitted (for example, if one page from a bank statement is missing) and the documents marking the beginning and end of that sequence have been provided; or
    2. (ii) a document is in the wrong format (for example, if a letter is not on letterhead paper as specified); or
    3. (iii) a document is a copy and not an original document; or
    4. (iv) a document does not contain all of the specified information;
  3. the decision maker may contact the applicant or his representative in writing, and request the correct documents. Such a request will only be made once, and the requested documents must be received at the address specified in the request within 10 working days of the date of the request.
  4. (c) Documents will not be requested under sub-paragraph (b) where:
    1. (i) a specified document has not been submitted (for example an English language certificate is missing); or
    2. (ii) where the decision maker does not think that submission of the missing or correct documents will lead to a grant because the application will be refused for other reasons.
  5. (d) If the applicant has submitted a specified document:
    1. (i) in the wrong format; or
    2. (ii) which is a copy and not an original document; or
    3. (iii) which does not contain all of the specified information, but the missing information is verifiable from:
      1. (1) other documents submitted with the application; or
      2. (2) the website of the organisation which issued the document; or
      3. (3) the website of the appropriate regulatory body;
  6. the decision maker may request the correct document under sub-paragraph (b), or may grant the application despite the error or omission, if satisfied that the specified documents are genuine and the applicant meets all the other requirements of the Rules.

245A. Specified documents for students previously sponsored by an overseas government or international scholarship agency

Where Part 6A of these Rules state that specified documents must be provided to show that a sponsoring government or international scholarship agency has provided its unconditional written consent to the application, the specified documents are original letters, on the official letter-headed paper or stationery of the organisation(s), bearing the official stamp of that organisation and issued by an authorised official of that organisation. The documents must confirm that the organisation gives the applicant unconditional consent to remain in or re-enter the UK for an unlimited time.

Tier 1 (Exceptional Talent) Migrants

245B. Purpose

This route is for exceptionally talented individuals in the particular fields, who wish to work in the UK. These individuals are those who are already internationally recognised at the highest level as world leaders in their particular field, or who have already demonstrated exceptional promise and are likely to become world leaders in their particular area.

245BA. Entry to the UK

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

245BB. Requirements for entry clearance

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

Requirements:

  1. (a)The applicant must not fall for refusal under the general grounds for refusal.
  2. (c)The applicant must have a minimum of 75 points under paragraphs 1 to 6 of Appendix A.
  3. (d)an applicant who has, or was last granted, leave as a student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Writing-Up a Thesis, a Student Re-Sitting an Examination or as a Tier 4 Migrant and:
    1. (i)is currently being sponsored by a government or international scholarship agency, or
    2. (ii)was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
  4. must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above to show that this requirement has been met.

245BC. Period and conditions of grant

  1. (a) Entry clearance will be granted for a period of:
    1. (i) 1 year,
    2. (ii) 2 years,
    3. (iii) 3 years,
    4. (iv) 4 years, or
    5. (v) 5 years and 4 months,
    6. as requested by the applicant.
  1. (b) Entry clearance will be granted 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,
    3. (iii) no employment as a Doctor or Dentist in Training, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition 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

245BD. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Exceptional Talent) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

  1. Requirements:
    1. (a)The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
    2. (b)The applicant must have a minimum of 75 points under paragraphs 1 to 6 of Appendix A.
    3. (c)The applicant must have, or have last been granted, entry clearance, leave to enter orremain as:
      1. (i)a Tier 1 Migrant,
      2. (ii)a Tier 2 Migrant, or
      3. (iii)as a Tier 5 (Temporary Worker) Migrant, sponsored in the Government Authorised Exchange sub-category in an exchange scheme for sponsored researchers.
    4. (d)The applicant 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.

245BE.Period and conditions of grant

  1. (a) Leave to remain will be granted for a period of:
    1. (i) 1year,
    2. (ii) 2 years,
    3. (iii) 3 years,
    4. (iv) 4 years, or
    5. (v) 5 years, as indicated by the applicant.
  2. (b) Leave to remain under this route will 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,
    3. (iii) no employment as a Doctor or Dentist in Training, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition 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.

245BF.Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (Exceptional Talent) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

  1. Requirements:
    1. (a) DELETED
    2. (b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
    3. (c) The applicant must have spent a continuous period of 5 years lawfully in the UK as follows:
      1. (i) The applicant must have, or have last been granted, leave as a Tier 1 (Exceptional Talent) Migrant;
      2. (ii) The 5 years must have been spent with leave as a Tier 1 Migrant (excluding as a Tier 1 (Graduate Entrepreneur) Migrant or Tier 1 (Post-Study Work) Migrant) or as a Tier 2 Migrant (excluding as a Tier 2 (Intra-Company Transfer) Migrant); and
      3. (iii) The applicant must have had absences from the UK of no more than 180 days in any 12 calendar months during the 5 years.
    4. (d) The applicant must have a minimum of 75 points under paragraphs 1 to 6 of Appendix A.
    5. (e) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
    6. (f) The applicant 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.

Tier 1 (General) Migrants

245C.Purpose

This route is now closed except for indefinite leave to remain applications.

245CD. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

  1. Requirements:
    1. (a) DELETED
    2. (b) The applicant must not fall for refusal under the general grounds for refusal (except that paragraph 322(1C) shall not apply if the applicant meets the conditions in (f)(i)-(iii) below), and must not be an illegal entrant.
    3. (c) The applicant must have spent a continuous period as specified in (d) lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:
      1. (i) as a Tier 1 (General) Migrant,
      2. (ii) as a Highly Skilled Migrant,
      3. (iii) as a Work Permit Holder,
      4. (iv) as an innovator,
      5. (v) as a Self-Employed Lawyer,
      6. (vi) as a Writer, Composer or Artist,
      7. (vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
      8. (viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or as a Work Permit Holder where the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
    4. (d) The continuous period in (c) is:
      1. (i) 4 years, if the applicant:
        1. (1) received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 3 April 2006,
        2. (2) was subsequently granted entry clearance or leave to remain on the basis of that letter, and
        3. (3) has not since been granted entry clearance or leave to remain in any category other than as a Highly Skilled Migrant or Tier 1 (General) Migrant; or
      2. (ii) 5 years, in all other cases.
    5. (e) If the applicant has or has had leave as a Highly Skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the Rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the Rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of Appendix A.
    6. (f) Where the applicant:
      1. (i) received a Highly Skilled Migrant Programme approval letter issued on the basis of an application made before 7 November 2006,
      2. (ii) was subsequently granted entry clearance or leave to remain on the basis of that letter, and
      3. (iii) has not since been granted entry clearance or leave to remain in any category other than as a Highly Skilled Migrant or Tier 1 (General) Migrant, the applicant must be economically active in the UK, in employment or self-employment or both.
    7. (g) in all cases other than those referred to in (e) or (f) above, the applicant must have 80 points under paragraphs 7 to 34 of Appendix A.
    8. (h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL of these Rules, unless the applicant meets the conditions in (f)(i)-(iii) above.
    9. (i) The applicant 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 meets the conditions in (f)(i)-(iii) above.
    10. (j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA, unless the applicant meets the conditions in (f)(i)-(iii) above.
    11. (k) For the purposes of sub-paragraph (c), time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to those set out in (c)(i) to (viii) may be included in the continuous period of 5 years lawful residence in the UK, provided that:
      1. (i) the most recent period of leave was granted in the UK as a Tier 1 (General) Migrant; and
      2. (ii) any period of leave granted in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man as a work permit holder or a Tier 2 Migrant was for employment:
        1. (a) in a job which appears on the list of occupations skilled to National Qualifications Framework level 3 or above (or from 6 April 2011, National Qualifications Framework level 4 or above or from 14 June 2012, National Qualifications Framework level 6 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).
      3. (iii) In any such case, references to the “UK” in paragraph 245AAA shall include a reference to the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man, as the case may be.
    12. (l) For the purposes of paragraph (e), time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man in a category equivalent to those set out in (e)(i) to (iv) may be included in the continuous period of 5 years (or 4 years as the case may be) lawful residence in the UK, provided that:
      1. (i) the most recent period of leave was granted in the UK as a Tier 1 (General) Migrant; and
      2. (ii) any period of leave granted in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man as a work permit holder or a Tier 2 Migrant was for employment:
        1. (a) in a job which appears on the list of occupations skilled to National Qualifications Framework level 3 or above (or from 6 April 2011, National Qualifications Framework level 4 or above or from 14 June 2012, National Qualifications Framework level 6 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).
      3. (iii) In any such case, references to the “UK” in paragraph 245AAA shall include a reference to the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man, as the case may be.
    13. (m) The application for indefinite leave to remain must have been made before 6 April 2018.

245CD-SD Specified documents

The specified documents referred to in paragraph 245CD(j) are:

  1. (a) For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
  2. (b) For periods where the applicant was self-employed or in business in the UK, or looking for work or setting up in business in the UK, a personal letter from the applicant detailing the purpose and period of absences in relation to those activities.
  3. (c) 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.

Tier 1 (Entrepreneur) Migrants

245D. Purpose of this route and meaning of business

  1. (a) This route is for migrants who wish to establish, join or take over one or more businesses in the UK.
  2. (b) For the purpose of paragraphs 245D to 245DF and paragraphs 35 to 53 of Appendix A ‘business’ means an enterprise as:
    1. (i) a sole trader,
    2. (ii) a partnership, or
    3. (iii) a company registered in the UK.
  3. (c) Where paragraphs 245D to 245DF and paragraphs 35 to 53 of Appendix A, refer to money remaining available to the applicant until such time as it is spent for the purposes of his business or businesses:
    1. (i) ‘Available’ means that the funds are:
      1. (1) in the applicant’s own possession,
      2. (2) in the financial accounts of a UK incorporated business of which he is the director, or
      3. (3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41-SD(b) of Appendix A.
    2. (ii) ‘Invested’ or ‘spent’ excludes spending on:
      1. (1) the applicant’s own remuneration,
      2. (2) buying the business from a previous owner, where the money ultimately goes to that previous owner (irrespective of whether it is received or held directly or indirectly by that previous owner) rather than into the business being purchased (This applies regardless of whether the money is channelled through the business en route to the previous owner, for example by means of the applicant or business purchasing ‘goodwill’ or other assets which were previously part of the business.),
      3. (3) investing in businesses, other than those which the applicant is running as self-employed or as a director, and
      4. (4) any spending which is not directly for the purpose of establishing or running the applicant’s own business or businesses.

245DA. Entry to the UK

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

245DB. Requirements for entry clearance

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

  1. Requirements:
    1. (a)The applicant must not fall for refusal under the general grounds for refusal.
    2. (b)The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
    3. (c)The applicant must have a minimum of 10 points under paragraph 1 to 15 of Appendix B.
    4. (d)The applicant must have a minimum of 10 points under paragraph 1 to 2 ofAppendix C.
    5. (e)An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Writing-Up a Thesis, a Student Re-Sitting an Examination or as a Tier 4 Migrant and:
      1. (i)is currently being sponsored by a government or international scholarship agency, or
      2. (ii)was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  1. (f) Where the applicant is being assessed under Table 4 of Appendix A, the Entry Clearance Officer must be satisfied that:
    1. (i) the applicant genuinely intends and is able to establish, take over or become a director of one or more businesses in the UK within the next six months;
    2. (ii) the applicant genuinely intends to invest the money referred to in Table 4 of Appendix A in the business or businesses referred to in (i);
    3. (iii) that the money referred to in Table 4 of Appendix A is genuinely available to the applicant, and will remain available to him until such time as it is spent for the purposes of his business or businesses;
    4. (iv) if the applicant is relying on one or more previous investments to score points, they have genuinely invested all or part of the investment funds required in Table 4 of Appendix A into one or more genuine businesses in the UK;.
    5. (v) that the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DC.
  2. (g) The applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.
  3. (h) In making the assessment in (f), the Entry Clearance Officer will assess the balance of probabilities. The Entry Clearance Officer may take into account the following factors:
    1. (i)the evidence the applicant has submitted;
    2. (ii)the viability and credibility of the source of the money referred to in Table 4 of Appendix A;
    3. (iii)the viability and credibility of the applicant’s business plans and market research into their chosen business sector;
    4. (iv)the applicant’s previous educational and business experience (or lack thereof);
    5. (v) the applicant’s immigration history and previous activity in the UK; and
    6. (vi)any other relevant information.
  4. (i) Where the applicant has had entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator in the 12 months immediately before the date of application, and is being assessed under Table 5 of Appendix A, the Entry Clearance Officer must be satisfied that:
    1. (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator; and
    2. (ii) the applicant has genuinely invested the money referred to in Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses; and
    3. (iii) the applicant genuinely intends to continue operating one or more businesses in the UK; and
    4. (iv) the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.
  5. (j) In making the assessment in (i), the Entry Clearance Officer will assess the balance of probabilities. The Entry Clearance Officer may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix A;
    3. (iii) the credibility of the financial accounts of the business or businesses;
    4. (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator;
    5. (v) the credibility of the job creation for which the applicant is claiming points in Table 5 of Appendix A;
    6. (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (viii) any other relevant information.
  6. (k) The Entry Clearance Officer reserves the right to request additional information and evidence to support the assessment in (f) or (i), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Entry Clearance Officer at the address specified in the request within 28 calendar days of the date of the request.
  7. (l) If the Entry Clearance Officer is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
  8. (m) The Entry Clearance Officer may decide not to carry out the assessment in (f) or (i) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  9. (n) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Entry Clearance Officer to attend for interview.
  10. (o) The applicant must be at least 16 years old.
  11. (p) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian or by one parent if that parent has sole legal responsibility for the child.
  12. (q) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.

245DC. Period and conditions of grant

  1. (a) Entry clearance will be granted for a period of 3 years and four months and will 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, and
    3. (iii) no employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition 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.

245DD. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, except that paragraph 322(10) shall not apply, and must not be an illegal entrant.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 1 to 15 of Appendix B.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
  5. (e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
    1. (i) as a Highly Skilled Migrant,
    2. (ii) as a Tier 1 (General) Migrant,
    3. (iii) as a Tier 1 (Entrepreneur) Migrant,
    4. (iv) as a Tier 1 (Investor) Migrant,
    5. (v) as a Tier 1 (Graduate Entrepreneur) Migrant
    6. (vi) as a Tier 1 (Post-Study Work) Migrant,
    7. (vii) as a Businessperson,
    8. (viii) as an Innovator,
    9. (ix) as an Investor,
    10. (x) as a Participant in the Fresh Talent: Working in Scotland Scheme,
    11. (xi) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
    12. (xii) as a Postgraduate Doctor or Dentist,
    13. (xiii) as a Self-employed Lawyer,
    14. (xiv) as a Student,
    15. (xv) as a Student Nurse,
    16. (xvi) as a Student Re-sitting an Examination,
    17. (xvii) as a Student Writing Up a Thesis,
    18. (xviii) as a Work Permit Holder,
    19. (xix) as a Writer, Composer or Artist,
    20. (xx) as a Tier 2 Migrant
    21. (xxi) as a Tier 4 (General) Student and, in respect of such leave, is or was last sponsored by:
      1. (1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
      2. (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
      3. (3) an Embedded College offering Pathway Courses, or
      4. (4) an independent school,
    22. (xxii) as a Tier 4 (Child) Student, or
    23. (xxiii) a visitor who has been undertaking permitted activities as a prospective entrepreneur
  6. (f) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, Student Nurse, Student Re-Sitting an Examination, a Student Writing-Up a Thesis or as a Tier 4 Migrant and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  1. (g) The applicant 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.
  2. (h) Where the applicant is being assessed under Table 4 of Appendix A, the Secretary of State must be satisfied that:
    1. (i) the applicant genuinely:
      1. (1) intends and is able to establish, take over or become a director of one or more businesses in the UK within the next six months, or
      2. (2) has established, taken over or become a director of one or more businesses in the UK and continues to operate that business or businesses; and
    2. (ii) the applicant genuinely intends to invest the money referred to in Table 4 of Appendix A in the business or businesses referred to in (i);
    3. (iii) the money referred to in Table 4 of Appendix A is genuinely available to the applicant, and will remain available to him until such time as it is spent for the purposes of his business or businesses;
    4. (iv) if the applicant is relying on one or more previous investments to score points, they have genuinely invested all or part of the investment funds required in Table 4 of Appendix A into one or more genuine businesses in the UK;
    5. (v) that the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.
  3. (i) The applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.
  4. (j) In making the assessment in (h), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 4 of Appendix A;
    3. (iii) the viability and credibility of the applicant’s business plans and market research into their chosen business sector;
    4. (iv) the applicant’s previous educational and business experience (or lack thereof);
    5. (v) the applicant’s immigration history and previous activity in the UK;
    6. (vi) where the applicant has already registered in the UK as self-employed or as the director of a business, and the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (vii) any other relevant information.
  5. (k) Where the applicant has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator, and is being assessed under Table 5 of Appendix A, the Secretary of State must be satisfied that:
    1. (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator; and
    2. (ii) the applicant has genuinely invested the money referred to in Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses; and
    3. (iii) the applicant genuinely intends to continue operating one or more businesses in the UK; and
    4. (iv) the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.
  6. (l) In making the assessment in (k), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix A;
    3. (iii) the credibility of the financial accounts of the business or businesses;
    4. (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator;
    5. (v) the credibility of the job creation for which the applicant is claiming points in Table 5 of Appendix A;
    6. (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (viii) any other relevant information.
  7. (m) The Secretary of State reserves the right to request additional information and evidence to support the assessment in (h) or (k), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
  8. (n) If the Secretary of State is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
  9. (o) The Secretary of State may decide not to carry out the assessment in (h) or (k) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  10. (p) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.
  11. (q) The applicant must be at least 16 years old.
  12. (r) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian or by one parent if that parent has sole legal responsibility for the child.
  13. (s) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.

245DE. Period, conditions and curtailment of grant

  1. (a) Leave to remain will be granted:
    1. (i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant,
    2. (ii) for a period of 3 years, to any other applicant.
  2. (b) Leave to remain under this route will 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, and
    3. (iii) no employment, other than working for the business or businesses which he has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition 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.
  3. (c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain granted to a Tier 1 (Entrepreneur) Migrant may be curtailed if:
    1. (i) within 6 months of the date specified in paragraph (d), the applicant has not done one or more of the following things:
      1. (1) registered with HM Revenue and Customs as self-employed,
      2. (2) registered a new business in which he is a director, or
      3. (3) registered as a director of an existing business, or
    2. (ii) the funds referred to in the relevant sections of Appendix A cease to be available to him, except where they have been spent for the purposes of his business or businesses.
  4. (d)The date referred to in paragraph (c) is:
    1. (i) the date of the applicant’s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is evidence to establish the applicant’s date of entry to the UK,
    2. (ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is no evidence to establish the applicant’s date of entry to the UK, or
    3. (iii) the date of the grant of leave to remain to the applicant, in any other case.
  5. (e) Paragraph 245DE(c) does not apply where the applicant’s last grant of leave prior to the grant of the leave that he currently has was as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.

245DF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) DELETED
  2. (b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  3. (c) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
  4. (d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  5. (e) The applicant 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.
  6. (f) The Secretary of State must be satisfied that:
    1. (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator; and
    2. (ii) the applicant has genuinely invested the money referred to in Table 6 of Appendix A into one or more businesses in the UK to be spent for the purpose of that business or businesses; and
    3. (iii) the applicant genuinely intends to continue operating one or more businesses in the UK.
  7. (g) In making the assessment in (f), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 6 of Appendix A;
    3. (iii) the credibility of the financial accounts of the business or businesses;
    4. (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator;
    5. (v) the credibility of the job creation for which the applicant is claiming points in Table 6 of Appendix A;
    6. (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (viii) any other relevant information.
  8. (h) The Secretary of State reserves the right to request additional information and evidence to support the assessment in (f), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
  9. (i) If the Secretary of State is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
  10. (j) The Secretary of State may decide not to carry out the assessment in (f) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  11. (k) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.

Tier 1 (Investor) Migrants

245E. Purpose

This route is for high net worth individuals making a substantial financial investment to the UK.

245EA. Entry to the UK

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

245EB. Requirements for entry clearance

To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.
  3. (c) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis or as a Tier 4 Migrant and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to as set out in paragraph 245A above, show that this requirement has been met.
  1. (d) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.
  2. (e) The entry clearance officer must not have reasonable grounds to believe that:
    1. (i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A, the applicant is not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules (where relevant); or
    2. (ii) any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules held by:
      1. (1) the applicant; or
      2. (2) where any of the specified money has been made available to the applicant by another party, that party, has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK; or
    3. (iii) where any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
    4. and where the Entry Clearance Officer does have reasonable grounds to believe one or more of the above applies, no points from Table 7 (where relevant) will be awarded.

245EC. Period and conditions of grant

  1. (a) Entry clearance will be granted for a period of 3 years and four months and will 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 as a Doctor or Dentist in Training, unless the applicant 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, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition set out in Part 15 of these Rules.

245ED. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.
  3. (c) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:
    1. (i) as a Highly Skilled Migrant,
    2. (ii) as a Tier 1 (General) Migrant,
    3. (iii) as a Tier 1 (Entrepreneur) Migrant,
    4. (iv) as a Tier 1 (Investor) Migrant,
    5. (v) as a Tier 1 (Post-Study Work) Migrant,
    6. (vi) as a Businessperson,
    7. (vii) as an Innovator,
    8. (viii) as an Investor,
    9. (ix) as a Student,
    10. (x) as a Student Nurse,
    11. (xi) as a Student Re-Sitting an Examination,
    12. (xii) as a Student Writing Up a Thesis,
    13. (xiii) as a Work Permit Holder,
    14. (xiv) as a Writer, Composer or Artist,
    15. (xv) as a Tier 2 Migrant,
    16. (xvi) as a Tier 4 (General) Student and, in respect of such leave, is or was last sponsored by:
      1. (1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
      2. (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
      3. (3) an Embedded College offering Pathway Courses, or
      4. (4) an independent school, or
    17. (xvii) as a Tier 4 (Child) Student.
  4. (d) An applicant who has, or was last granted, leave as a Student Nurse, Student Re-Sitting an Examination, Student Writing-Up a Thesis or as a Tier 4 Migrant and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
    3. must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  1. (e) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.
  2. (f) The applicant 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.
  3. (g) The Secretary of State must not have reasonable grounds to believe that:
    1. (i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A, the applicant is not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules (where relevant); or
    2. (ii) any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules held by:
      1. (1) the applicant; or
      2. (2) where any of the specified money has been made available to the applicant by another party, that party,
      3. has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK; or
    3. (iii) where any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
    4. and where the Secretary of State does have reasonable grounds to believe one or more of the above applies, no points from Table 7 (where relevant) will be awarded.

245EE. Period, conditions and curtailment of grant

  1. (a) Leave to remain will be granted:
    1. (i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Investor) Migrant,
    2. (ii) for a period of 3 years, to any other applicant.
  2. (b) Leave to remain under this route will 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 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, and provides evidence of this degree; 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, has been employed during that leave as a Doctor in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the General Medical Council as a training programme or post; 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, has been employed during that leave as a Dentist in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the Joint Committee for Postgraduate Training in Dentistry as a training programme or post, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach), and
    5. (v) study subject to the condition set out in Part 15 of these Rules.
  3. (c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain as a Tier 1 (Investor) Migrant may be curtailed if:
    1. (i) within 3 months of the date specified in paragraph (d), the applicant has not invested, or had invested on his behalf, at least the amount of capital specified in paragraph (e) in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment, or
    2. (ii) the applicant does not maintain at least the level of investment in (i) throughout the remaining period of his leave.
  4. (d) The date referred to in paragraph (c) is:
    1. (i) the date of the applicant’s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is evidence to establish the applicant’s date of entry to the UK,
    2. (ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is no evidence to establish the applicant’s date of entry to the UK, or
    3. (iii) the date of the grant of leave to remain to the applicant, in any other case.
  5. (e) The amount of capital referred to in paragraph (c) is:
    1. (i) at least £2 million if the applicant was last granted leave under the Rules in place from 6 November 2014 and was awarded points as set out in Table 7 or Table 8A of Appendix A to these Rules in that last grant, or
    2. (ii) at least £750,000 if the applicant was last granted leave under the Rules in place before 6 November 2014 or was awarded points as set out in Table 8B of Appendix A to these Rules in his last grant
  6. (f) Paragraph 245EE(c) does not apply where the applicant’s two most recent grants of leave were either as a Tier 1 (Investor) Migrant or as an Investor.

245EF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (Investor) Migrant must meet the requirements listed below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) DELETED
  2. (b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  3. (c) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A
  4. (d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  5. (e) The applicant 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.

Tier 1 (Graduate Entrepreneur) Migrants

245F. Purpose of the route and meaning of business

  1. (a) This route is for:
    1. (i) UK graduates who have been identified by Higher Education Institutions as having developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK; and
    2. (ii) Graduates who have been identified by the Department for International Trade as elite global graduate entrepreneurs to establish one or more businesses in the UK.
  2. (b) For the purpose of paragraphs 245F to 245FC and paragraphs 66 to 72 of Appendix A ‘business’ means an enterprise as:
    1. (i) a sole trader,
    2. (ii) a partnership, or
    3. (iii) a company registered in the UK.

245FA. Entry to the UK

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

245FB. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 66 to 72 of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 1 to 15 of Appendix B.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C. 11
  5. (e) If applying for leave to remain, the applicant must have, or have last been granted, entry clearance, leave to enter or remain:
    1. (i) as a Tier 4 Migrant and in respect of such leave, is or was last sponsored by:
      1. (1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
      2. (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
    2. (ii) as a Student,
    3. (iii) as a Student Nurse,
    4. (iv) as a Student Re-sitting an Examination,
    5. (v) as a Student Writing Up a Thesis,
    6. (vi) as a Postgraduate Doctor or Dentist,
    7. (vii) as a Tier 1 (Graduate Entrepreneur) Migrant, or
    8. (viii) as a Tier 2 (General) Migrant.
  6. (f) An applicant who is applying for leave to remain and has, or was last granted, entry clearance or leave to remain as a Tier 2 (General) Migrant must have been granted leave to work as a post-doctoral researcher for the same institution which is endorsing his application as a Tier 1 (Graduate Entrepreneur) Migrant.
  7. (g) The applicant must not have previously been granted entry clearance, leave to enter or remain as a Tier 1 (Post-Study Work) Migrant, a Participant in the Fresh Talent: Working in Scotland Scheme, or a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme).
  8. (h) The applicant must not previously have been granted leave as a Tier 1 (Graduate Entrepreneur) Migrant on more than 1 occasion.
  9. (i) An applicant who does not have, or was not last granted, leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant and:
    1. (i) is currently being sponsored in his studies by a government or international scholarship agency, or
    2. (ii) was being sponsored in his studies by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  10. (j) The applicant 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.

245FC. Period and conditions of grant

  1. Entry clearance or leave to remain will be granted for a period of 1 year and will 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 as a Doctor or Dentist in Training,
    4. (iv) no employment as a professional sportsperson (including as a sports coach), and
    5. (v) study subject to the condition 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.

TIER 2 MIGRANTS

Tier 2 (Intra-Company Transfer) Migrants

245G. Purpose of this route and definitions

  1. This route enables multinational employers to transfer their existing employees from outside the EEA to their UK branch for training purposes or to fill a specific vacancy that cannot be filled by a British or EEA worker. There are four sub-categories in this route:
    1. (i) Short Term staff: for established employees of multi-national companies who are being transferred to a skilled job in the UK for 12 months or less that could not be carried out by a new recruit from the resident workforce;
    2. (ii) Long Term staff: for established employees of multi-national companies who are being transferred to a skilled job in the UK which will, or may, last for more than 12 months and could not be carried out by a new recruit from the resident workforce;
    3. (iii) Graduate Trainee: for recent graduate recruits of multi-national companies who are being transferred to the UK branch of the same organisation as part of a structured graduate training programme, which clearly defines progression towards a managerial or specialist role.

245GA. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 2 (Intra-Company Transfer) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245GB. Requirements for entry clearance

To qualify for entry clearance as a Tier 2 (Intra-Company Transfer) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must have a minimum of 50 points under paragraphs 73 to 75E of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
  4. (d) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless paragraph (e) below applies.
  5. (e) Paragraph (d) above does not apply to an applicant who:
    1. (i) was not in the UK with leave as a Tier 2 migrant at any time during the above 12-month period, and provides evidence to show this,
    2. (ii) is applying under the Long Term Staff sub-category and who has, or last had entry clearance or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term staff, Graduate Trainee or Skills Transfer sub-categories, or under the Rules in place before 6 April 2011, or
    3. (iii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) of £155,300 or higher.
  6. (f) an applicant who has, or was last granted, leave as a Student, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis, a Postgraduate Doctor or Dentist or a Tier 4 Migrant and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
    3. must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  1. (g) The applicant must be at least 16 years old.
  2. (h) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by one parent if that parent has sole legal responsibility for the child.
  3. (i) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.

245GC. Period and conditions of grant

  1. (a) Entry clearance will be granted with effect from:
    1. (i) 14 days before the start date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service,
    2. (ii) 7 days before the intended date of travel recorded by the applicant either through the relevant online application process or in the specified application form, providing this is not more than 14 days after the start date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service, or
  2. (iii) the date entry clearance is granted, whichever is the latest.
  3. (b) Entry clearance will be granted for a period ending:
    1. (i) 14 days after the end date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service, or
    2. (ii) at the end of the maximum time available for the Tier 2 (Intra-Company Transfer) subcategory, as set out in (c), from the date entry clearance was granted. whichever is the earlier.
  4. (c) The maximum time referred to in (b)(ii) is:
    1. (i) 12 months, if the applicant is applying in either of the Graduate Trainee or Short Term Staff sub-categories, or
    2. (ii) 5 years and 1 month, if the applicant is applying in the Long Term Staff sub-category. Term Staff sub-categories.
  5. (d) Entry clearance will 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, and
    3. (iii) no employment except:
      1. (1) working for the sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in paragraph 323AA, (2) supplementary employment, and
      2. (2) voluntary work, and
    4. (iv) study subject to the condition 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.

245GD. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category:
    1. (i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:
      1. (1) a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category, or
      2. (2) a Tier 2 (Intra-Company Transfer) Migrant in the established Staff sub-category under the Rules in place before 6 April 2011, or
      3. (3) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
      4. (4) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer, or
      5. (5) as a representative of an overseas Business, and
    2. (ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.
  3. (c) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff sub-category:
    1. (i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Short Term Staff sub-category, and
    2. (ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.
  4. (d) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category:
    1. (i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, and
    2. (ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.
  5. (e) DELETED.
  6. (f) in all cases the applicant must have a minimum of 50 points under paragraphs 73 to 75E of Appendix A.
  7. (g) DELETED.
  8. (h) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
  9. (i) The applicant must be at least 16 years old.
  10. (j) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian or by one parent if that parent has sole legal responsibility for the child.
  11. (k) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  12. (l) The applicant 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.

245GE. Period and conditions of grant

  1. (a) Leave to remain will be granted for whichever of the following is the shortest:
    1. (i) the length of the period of engagement plus 14 days,
    2. (ii) 5 years, or
    3. (iii) the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any break between periods of leave which was disregarded when granting the further leave) as a Tier 2 (Intra-Company Transfer) Migrant, and the maximum time, as set out in (b).

If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

  1. (b) The maximum time referred to in (a)(iii) is:
    1. (i) 12 months, if the applicant is applying in either of the Graduate Trainee or Short Term Staff sub-categories,
    2. (ii) 5 years, if:
      1. (1) the applicant is applying in the Long Term Staff subcategory,
      2. (2) the Certificate of Sponsorship Checking Service entry records that the applicant’s gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) to be paid by the Sponsor is less than £155,300, (or £153,500 if the Certificate of Sponsorship used in support of the application was assigned to him before 6 April 2015) and
      3. (3) Paragraph (iv) below does not apply,
    3. (iii) 9 years, if:
      1. (1) the applicant is applying in the Long Term Staff subcategory,
      2. (2) the Certificate of Sponsorship Checking Service entry records that the applicant’s gross annual salary (including such allowances as are specified as acceptable for this purpose in paragraph 75 of Appendix A) to be paid by the Sponsor is £155,300 (or £153,500 if the Certificate of Sponsorship used in support of the application was assigned to him before 6 April 2015) or higher, and
      3. (3) Paragraph (iv) below does not apply,
  2. or
    1. (iv) No limit, if the applicant:
      1. (1) is applying in the Long Term Staff sub-category,
      2. (2) previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2011 or as a Qualifying Work Permit Holder, and
      3. (3) has not been granted entry clearance in this or any other route since the grant of leave referred to in (2) above.
  3. (c) In addition to the period in (a), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking Service records as the start date of employment in the UK, provided this is not a negative value.
  4. (d) Leave to remain will be granted 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, and
    3. (iii) no employment except:
      1. (1) working for the sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in paragraph 323AA,
      2. (2) supplementary employment, and
      3. (3) voluntary work.

245GF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) DELETED
  2. (b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  3. (c) The applicant must have 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 Tier 2 (Intra-Company Transfer) Migrant, in any combination of the following categories:
    1. (i) as a Tier 2 (Intra-Company Transfer) Migrant,
    2. (ii) as a Qualifying Work Permit Holder, or
    3. (iii) as a representative of an overseas Business.
  4. (d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
    1. (i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
    2. (ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
  5. (e) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
    1. (i) still hold, or have applied for a renewal of, a Tier 2 (Intra-Company Transfer) Sponsor licence; and
    2. (ii) certify in writing that:
      1. (1) he still requires the applicant for the employment in question, and
      2. (2) 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 not paid at that rate only due to maternity, paternity, shared parental or adoption leave, the date that leave started and that the applicant was paid at the appropriate rate immediately before the leave.
  6. (f) The applicant provides the specified documents in paragraph 245GF-SD to evidence the sponsor’s certification in subsection (e) (ii) and to evidence the reason for the absences set out in paragraph 245AAA.
  7. (g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  8. (h) The applicant 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.
  9. (i) For the purposes of sub-paragraph (c), time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out in (c)(i) to (iii) above, may be included in the continuous period of 5 years lawful residence, provided that:
    1. (i) the continuous period of 5 years includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted before 6 April 2010, or a Qualifying Work Permit Holder (provided the work permit was granted because the applicant was the subject of an Intra-Company Transfer); and
    2. (ii) any period of leave granted in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man as a work permit holder or as a Tier 2 Migrant was for employment:
      1. (a) in a job which appears on the list of occupations skilled to National Qualifications Framework level 3 or above (or from 6 April 2011, National Qualifications Framework level 4 or above or from 14 June 2012, National Qualifications Framework level 6 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) the most recent period of leave was granted in the UK as a Tier 2 (Intra-Company Transfer) Migrant. In such cases, references to the “UK” in paragraph 245AAA shall include a reference to the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man, as the case may be.

245GF-SD Specified documents

The specified documents referred to in paragraph 245GF(f) are set out in 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 245GF-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).
  3. (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 245GF-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, shared parental 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.

Tier 2 (General) Migrants, Tier 2 (Minister of Religion) Migrants and Tier 2 (Sportsperson) Migrants

245H. Purpose of these routes and definitions

These routes enable UK employers to recruit workers from outside the EEA to fill a particular vacancy that cannot be filled by a British or EEA worker.

245HA. Entry clearance

All Migrants arriving in the UK and wishing to enter as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant must have a valid entry clearance for entry under the relevant one of these routes. If they do not have a valid entry clearance, entry will be refused.

245HB. Requirements for entry clearance

To qualify for entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 84A of Appendix A.
  3. (c) If applying as a Tier 2 (Minister of religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92A of Appendix A.
  4. (d) If applying as a Tier 2 (sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.
  5. (e) The applicant must have a minimum of 10 points under paragraphs 1 to 18 of Appendix B.
  6. (f) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
  7. (g) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was granted for a period of three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless the applicant:
    1. (i) was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
    2. (ii) will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £155,300 per year or higher.
  8. (h) An applicant who has, or was last granted, leave as a Student, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis, a Postgraduate Doctor or Dentist or a Tier 4 Migrant and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less
    3. must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
    4. (i) The applicant must be at least 16 years old.
    5. (j) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by one parent if that parent has sole legal responsibility for the child.
  9. (k) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.
  10. (l) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares, unless the gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) is £153,500 per year or higher.
  11. (m) If the applicant is applying as a Tier 2 (Minister of Religion) Migrant, the Entry Clearance Officer must be satisfied that the applicant:
    1. (i) genuinely intends to undertake, and is capable of undertaking, the role recorded by the Certificate of Sponsorship Checking Service; and
    2. (ii) will not undertake employment in the United Kingdom other than under the terms of paragraph 245HC(d)(iii).
  12. (n) To support the assessment in paragraph 245HB(m), the Entry Clearance Officer may:
    1. (i) request additional information and evidence, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Home Office at the address specified in the request within 28 calendar days of the date the request is sent, and
    2. (ii) request the applicant attends an interview, and refuse the application if the applicant fails to comply with any such request without providing a reasonable explanation.
  13. (o) If the Entry Clearance Officer is not satisfied following the assessment in paragraph 245HB(m), no points will be awarded under paragraphs 85 to 92A of Appendix A.
  14. (p) The Entry Clearance Officer may decide not to carry out the assessment in paragraph 245HB(m) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.

245HC. Period and conditions of grant

  1. (a) Entry clearance will be granted with effect from:
    1. (i) 14 days before the start date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service,
    2. (ii) 7 days before the intended date of travel recorded by the applicant either through the relevant online application process or in the specified application form, providing this is not more than 14 days after the start date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service, or
    3. (iii) the date entry clearance is granted,
  2. whichever is the latest.
  3. (b) Entry clearance will be granted for a period ending:
    1. (i) 14 days after the end date of the applicant’s employment in the UK, as recorded by the Certificate of Sponsorship Checking Service, or
    2. (ii) at the end of the maximum time available for the applicable Tier 2 (General), Tier 2 (Minister of Religion) or Tier 2 (Sportsperson) category, as set out in (c), from the date entry clearance was granted.
  4. whichever is the earlier.
  5. (c) The maximum time referred to in (b)(ii) is:
    1. (i) 5 years and 1 month, if the applicant is applying as a Tier 2 (General) Migrant; or
    2. (ii) 3 years and 1 month, if the applicant is applying as a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant.
  6. (d) Entry clearance will 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, and
    3. (iii) no employment except:
      1. (1) working for the sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in paragraph 323AA,
    4. (2) supplementary employment,
    5. (3) voluntary work, and
    6. (4) if the applicant is applying as a Tier 2 (Sportsperson) Migrant, employment as a sportsperson for his national team while his national team is in the UK, playing in British University and College Sport (BUCS) competitions and Temporary Engagement as a Sports Broadcaster, and
    7. (iv) study subject to the condition 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.
  7. (e) (i) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 76 to 79D of Appendix A shall be granted entry clearance as a Tier 2 (General) Migrant.
    1. (ii) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 85 to 92 of Appendix A shall be granted entry clearance as a Tier 2 (Minister of Religion) Migrant.
    2. (iii) Applicants who meet the requirements for entry clearance and who obtain points under paragraphs 93 to 100 of Appendix A shall be granted entry clearance as a Tier 2 (Sportsperson) Migrant.

245HD. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion Migrant or Tier 2 (Sportsperson) Migrant under this rule, an applicant must meet the requirements listed below. if the applicant meets these requirements, leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) the applicant must:
    1. (i) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
      1. (1) a Tier 1 Migrant,
      2. (2) a Tier 2 Migrant,
      3. (3) a Highly Skilled Migrant,
      4. (4) an Innovator,
      5. (5) a Jewish Agency Employee,
      6. (6) a Member of the Operational Ground Staff of an Overseas-owned Airline,
      7. (7) a Minister of Religion, Missionary or Member of a Religious Order,
      8. (8) a Participant in the Fresh Talent: Working in Scotland Scheme,
      9. (9) a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
      10. (10) a Qualifying Work Permit Holder,
      11. (11) a Representative of an Overseas Business
      12. (12) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
      13. (13) a Tier 5 (Temporary Worker) Migrant, or
      14. (14) the partner of a Relevant Points Based System Migrant if the relevant Points Based System Migrant is a Tier 4 Migrant, or
    2. (ii) have, or have last been granted, entry clearance, leave to enter or leave to remain as:
      1. (1) a Tier 4 Migrant and, in respect of such leave, is or was last sponsored by:
        1. (1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
        2. (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
      2. (2) a Student,
      3. (3) a Student Nurse,
      4. (4) a Student Re-Sitting an Examination,
      5. (5) a Person Writing Up a Thesis,
      6. (6) an Overseas Qualified Nurse or Midwife,
      7. (7) a Postgraduate Doctor or Dentist, or
      8. (8) a Student Union Sabbatical Officer.
  3. (c) An applicant who has, or was last granted leave as a Tier 2 (Intra-Company Transfer) Migrant must:
    1. (i) have previously had leave as a Tier 2 (Intra-Company Transfer) Migrant under the Rules in place before 6 April 2010, or in the Established Staff sub-category under the Rules in place before 6 April 2011,
    2. (ii) not have been granted entry clearance in this or any other route since the grant of leave referred to in (i) above; and
    3. (iii) not be applying to work for the same Sponsor as sponsored him when he was last granted leave.
  4. (d) An applicant under the provisions in (b)(ii) above must meet the following requirements:
    1. (i) The applicant must have completed and passed:
      1. (1) a UK recognised bachelor’s or master’s degree (not a qualification of equivalent level which is not a degree),
      2. (2) a UK Postgraduate Certificate in Education or Professional Graduate Diploma of Education (not a qualification of equivalent level), or the applicant must have completed a minimum of 12 months study in the UK towards a UK PhD.
    2. (ii) The applicant must have studied for the course in (d)(i) at a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.
    3. (iii) The applicant must have studied the course referred to in (d)(i) during:
      1. (1) his last grant of leave, or
      2. (2) a period of continuous leave which includes his last grant of leave, (for these purposes continuous leave will not be considered to have been broken if any of the circumstances set out in paragraphs 245AAA(a)(i) to (iii) of these Rules apply.).
    4. (iv) The applicant’s periods of UK study and/or research towards the course in (i) must have been undertaken whilst he had entry clearance, leave to enter or leave to remain in the UK that was not subject to a restriction preventing him from undertaking that course of study and/or research.
    5. (v) If the applicant undertook the study for the qualification specified in (d)(i) whilst holding leave as a Tier 4 student, the applicant must have undertaken the study at the institution which is the Tier 4 sponsor, and not through supplementary study.
    6. (vi) If the applicant:
      1. (1) is currently being sponsored by a government or international scholarship agency, or
      2. (2) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
    7. (vii) The applicant must provide an original degree certificate, academic transcript or an academic reference on official headed paper of the institution, which clearly shows:
      1. (1) The applicant’s name,
      2. (2) the course title/award,
      3. (3) the course duration (except in the case of a degree certificate), and
      4. (4) unless the course is a PhD course, the date of course completion and pass (or the date of award in the case of a degree certificate).
  5. (e) an applicant who was last granted leave as a Tier 5 (Temporary Worker) Migrant must have been granted such leave in the Creative and Sporting sub-category of Tier 5 in order to allow the applicant to work as a professional footballer, and the applicant must be applying for leave to remain as a Tier 2 (Sportsperson) Migrant.
  6. (f) If applying as a Tier 2 (General) Migrant, the applicant must have a minimum of 50 points under paragraphs 76 to 79D of Appendix A.
  7. (g) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92A of Appendix A.
  8. (h) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.
  9. (i) The applicant must have a minimum of 10 points under paragraphs 1 to 16 of Appendix B.
  10. (j) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.
  11. (k) Except where the period of engagement recorded by the Certificate of Sponsorship used in support of such entry clearance or leave to remain was three months or less, the applicant must not have had entry clearance or leave to remain as a Tier 2 Migrant at any time during the 12 months immediately before the date of the application, unless:
    1. (i) the applicant’s last grant of leave was as a Tier 2 Migrant,
    2. (ii) the applicant was not in the UK with leave as a Tier 2 Migrant during this period, and provides evidence to show this, or
    3. (iii) the applicant will be paid a gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) of £155,300 per year or higher.
  12. (l) The applicant must be at least 16 years old.
  13. (m) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  14. (n) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  15. (o) if the sponsor is a limited company, the applicant must not own more than 10% of its shares, unless the gross annual salary (as recorded by the Certificate of Sponsorship Checking Service entry, and including such allowances as are specified as acceptable for this purpose in paragraph 79 of Appendix A) is £155,300 per year or higher.
  16. (p) The applicant 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.
  17. (q) If the applicant is applying as a Tier 2 (Minister of Religion) Migrant, the Secretary of State must be satisfied that the applicant:
    1. (i) genuinely intends to undertake, and is capable of undertaking, the role recorded by the Certificate of Sponsorship Checking Service; and
    2. (ii) will not undertake employment in the United Kingdom other than under the terms of paragraph 245HE(d)(iii).
  18. (r) To support the assessment in paragraph 245HD(q), the Secretary of State may:
    1. (i) request additional information and evidence, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Home Office at the address specified in the request within 28 calendar days of the date the request is sent, and
    2. (ii) request the applicant attends an interview, and refuse the application if the applicant fails to comply with any such request without providing a reasonable explanation.
  19. (s) If the Secretary of State is not satisfied following the assessment in paragraph 245HD(q), no points will be awarded under paragraphs 85 to 92A of Appendix A.
  20. (t) The Secretary of State may decide not to carry out the assessment in paragraph 245HD
  21. (q) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.

245HE. Period and conditions of grant

  1. (a) Leave to remain will be granted for whichever of the following is the shortest:
    1. (i) the length of the period of engagement plus 14 days,
    2. (ii) 5 years if the applicant is applying as a Tier 2 (General) Migrant, or
    3. (iii) 3 years if the applicant is applying as a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or
    4. (iv) except where (b) applies, the difference between the continuous period of leave that the applicant has already been granted (notwithstanding any break between periods of leave which was disregarded when granting the further leave) as a Tier 2 Migrant (other than as a Tier 2 (Intra-Company Transfer) Migrant), and 6 years.

If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

  1. (b) The 6 year restriction set out in (a)(iv) will not apply if the applicant:
    1. (i) previously had leave under the Rules in place before 6 April 2011 as:
      1. (1) a Tier 2 (General) Migrant,
      2. (2) a Tier 2 (Minister of Religion) Migrant,
      3. (3) a Tier 2 (Sportsperson) Migrant,
      4. (4) a Jewish Agency Employee,
      5. (5) a Member of the Operational Ground Staff of an Overseas-owned Airline,
      6. (6) a Minister of Religion, Missionary or Member of a Religious Order,
      7. (7) a Qualifying Work Permit Holder, or
      8. (8) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,
      9. and
    2. (ii) has not been granted entry clearance as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant under the Rules in place from 6 April 2011, and
    3. (iii) has not been granted entry clearance, leave to enter or leave to remain in any other category since the grant of leave referred to in (i) above.
  2. (c) In addition to the period in (a), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking Service records as the start date of employment in the UK, provided this is not a negative value.
  3. (d) leave to remain will be granted 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, and
    3. (iii) no employment except:
      1. (1) working for the sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a change to the details of that employment, other than prohibited changes as defined in paragraph 323AA,
      2. (2) supplementary employment,
      3. (3) voluntary work,
      4. (4) until the start date of the period of engagement, any employment which the applicant was lawfully engaged in on the date of his application, and
      5. (5) if the applicant is applying as a Tier 2 (Sportsperson) Migrant, employment as a sportsperson for his national team while his national team is in the UK, playing in British University and College Sport (BUCS) competitions and Temporary Engagement as a Sports Broadcaster.
    4. (iv) study subject to the condition 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.
  4. (e) (i) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 76 to 79D of Appendix A shall be granted leave to remain as a Tier 2 (General) Migrant.
    1. (ii) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 85 to 92 of Appendix A shall be granted leave to remain as a Tier 2 (Minister of Religion) Migrant.
    2. (iii) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 93 to 100 of Appendix A shall be granted leave to remain as a Tier 2 (Sportsperson) Migrant.

245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant

To qualify for indefinite leave to remain as a Tier 2 (General) Migrant, Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must have 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 Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant, in any combination of the following categories:
    1. (i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
    2. (ii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
    3. (iii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
      1. (1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
      2. (2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer,
    4. (iv) as a Representative of an Overseas Business,
    5. (v) as a Highly Skilled Migrant,
    6. (vi) as an innovator,
    7. (vii) as a Qualifying Work Permit Holder,
    8. (viii) as a Member of the Operational Ground Staff of an Overseas-owned Airline,
    9. (ix) as a Minister of Religion, Missionary or Member of a Religious Order, or
    10. (x) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation.
  3. (c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
    1. (i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and
    2. (ii) certify in writing:
      1. (1) that he still requires the applicant for the employment in question for the foreseeable future,
      2. (2) the gross annual salary paid by the Sponsor, and that this salary will be paid for the foreseeable future,
      3. (3) if the applicant is currently on maternity, paternity, shared parental or adoption leave, the date that leave started, confirmation of what the applicant’s salary was immediately before the leave, and what it will be on the applicant’s return, and
      4. (4) if the applicant is paid hourly, the number of hours per week the salary in (2) or (3) is based on.
  4. (d) The pay in (c)(ii)(2) or (3) above must:
    1. (i) be basic pay (excluding overtime);
    2. (ii) only include allowances where they are part of the guaranteed salary package and would be paid to a local settled worker in similar circumstances;
    3. (iii) not include other allowances and benefits, such as bonus or incentive pay, employer pension contributions, travel and subsistence (including travel to and from the applicant’s home country);
    4. (iv) not include the value of any shares the applicant has received as an employee-owner in exchange for some of his UK employment rights;
    5. (v) be at least equal to the appropriate rate for the job as stated in the Codes of Practice in Appendix J; and
    6. (vi) be at least:
      1. (1) £35,000 if the date of application is on or after 6 April 2016,
      2. (2) £35,500 if the date of application is on or after 6 April 2018,
      3. (3) £35,800 if the date of application is on or after 6 April 2019,
      4. (4) £36,200 if the date of application is on or after 6 April 2020,
      5. (5) £36,900 if the date of application is on or after 6 April 2021,
  5. subject to (e), (f) and (g) below.
  6. (e) Sub-paragraph (d)(vi) above does not apply if the continuous 5-year period in (b) includes a period of leave as:
    1. (i) a Qualifying Work Permit Holder, or
    2. (ii) a Tier 2 Migrant, where the Certificate of Sponsorship which led to that grant of leave was assigned to the applicant by his Sponsor before 6 April 2011,
  7. (f) Sub-paragraph (d)(vi) above does not apply if the Certificate of Sponsorship which led to the applicant’s most recent grant of leave was for a job which:
    1. (i) appears on the list of PhD-level occupation codes as stated in the codes of practice in Appendix J,
    2. (ii) appears on the Shortage Occupation List in Appendix K,
    3. (iii) previously appeared on the Shortage Occupation List, as shown by Tables 3 and 4 in Appendix K, at any time when the applicant:
      1. (1) had leave as a Tier 2 (General) Migrant, in which he was sponsored for the applicable job, either with the same or a different employer, during the continuous 6-year period ending on the date of application for indefinite leave to remain, or
      2. (2) was assigned a Certificate of Sponsorship for that job, either with the same or a different employer, which led to a grant of leave as a Tier 2 (General) Migrant during the continuous 6-year period ending on the date of application for indefinite leave to remain.
  8. (g) Where the applicant is paid hourly, only earnings up to a maximum of 48 hours a week will be considered in (d)(vi) above, even if the applicant works for longer than this. For example, an applicant who works 60 hours a week for £12 per hour will be considered to have a salary of £29,952 (12x48x52) and not £37,440 (12x60x52), and will therefore not meet the requirement in (d)(vi).
  9. (h) The applicant must provide the specified documents in paragraph 245HH as evidence of the salary in (c)(ii)(2) or (3) above and the reasons for the absences set out in paragraph 245AAA.
  10. (i) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  11. (j) The applicant 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.
  12. (k) For the purposes of (b), time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to any of the categories set out in (b)(i) to (x), may be included in the continuous period of 5 years lawful residence, provided that:
    1. (i) any such leave as a work permit holder or as a Tier 2 Migrant was for employment:
      1. (1) in a job which appears on the list of occupations skilled to National Qualifications Framework level 3 or above (or from 6 April 2011, National Qualifications Framework level 4 or above or from 14 June 2012, National Qualifications Framework level 6 or above), as stated in the Codes of Practice in Appendix J, or
      2. (2) in a job which appears in the Creative Sector Codes of Practice in Appendix J, or
      3. (3) as a professional sportsperson (including as a sports coach); and
    2. (ii) the most recent period of leave was granted in the UK as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant.

In any such case, references to the “UK” in paragraph 245AAA shall include a reference to the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man, as the case may be.

245HG. Requirements for indefinite leave to remain as a Tier 2 (Minister of Religion) Migrant

To qualify for indefinite leave to remain as a Tier 2 (Minister of Religion) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must have 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 Tier 2 (Minister of Religion) Migrant, in any combination of the following categories:
    1. (i) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant or a Tier 1 (Graduate Entrepreneur) Migrant,
    2. (ii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant,
    3. (iii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:
      1. (1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
      2. (2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer,
    4. (iv) as a Representative of an Overseas Business,
    5. (v) as a Highly Skilled Migrant,
    6. (vi) as an innovator,
    7. (vii) as a Qualifying Work Permit Holder,
    8. (viii) as a Member of the Operational Ground Staff of an Overseas-owned Airline,
    9. (ix) as a Minister of Religion, Missionary or Member of a Religious Order, or
    10. (x) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation.
  3. (c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
    1. (i) still hold a Tier 2 Sponsor licence in the relevant category, or have an application for a renewal of such a licence currently under consideration by the Home Office; and
    2. (ii) certify in writing that he still requires the applicant for the employment in question for the foreseeable future.
  4. (d) The applicant must provide the specified documents in paragraph 245HH as evidence of the reasons for the absences set out in paragraph 245AAA.
  5. (e) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  6. (f) The applicant 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.
  7. (g) For the purposes of (b), time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to any of the categories set out in (b)(i) to (x), may be included in the continuous period of 5 years lawful residence, provided that the most recent period of leave was granted in the UK as a Tier 2 (Minister of Religion) Migrant.

In any such case, references to the “UK” in paragraph 245AAA shall include a reference to the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man, as the case may be.

245HH Specified documents

The specified documents referred to in paragraphs 245HF(h) and 245GF(d) are set out in 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 245HH 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).
  3. (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 245HH 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.

  1. C. Where the applicant is not being paid the appropriate rate in Appendix J due to maternity, paternity, shared parental 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:
  3. (i) the applicant’s statement from the month immediately preceding the leave,
  4. (ii) the applicant’s statements for each month of the period of the leave,
  5. (iii) as set out in A(b)(iii) above.

Tier 5 (Youth Mobility Scheme) Temporary Migrants

245ZI. Purpose of this route

This route is for sponsored young people from participating countries and territories who wish to live and work temporarily in the UK.

245ZJ. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 5 (Youth Mobility Scheme) Temporary Migrant must have a valid entry clearance for entry under this route. If a migrant does not have a valid entry clearance, entry will be refused.

245ZK. Requirements for entry clearance

To qualify for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant, an applicant must meet the requirements listed below. However, whether or not the requirements listed below are met, if a citizen of a country or the rightful holder of a passport issued by a territory listed in Appendix G makes an application for entry clearance which, if granted, would mean that the annual allocation of places under this route as specified in Appendix G for citizens of that country or rightful holders of passports issued by that territory would be exceeded, the application will be refused. The applicant will also be refused if the requirements listed below are not met.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal; and
  2. (b) The applicant must be:
    1. (i) a citizen of a country or rightful holder of a passport issued by a territory listed in Appendix G to these Rules, or
    2. (ii) a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas), as defined by the British Nationality Act 1981 and must provide a valid passport to show that this requirement has been met; and
  3. (c) The applicant must be sponsored by his country of citizenship or the territory of which he is a rightful passport holder as follows:
    1. (i) If the applicant is a citizen of a country or the rightful holder of a passport issued by a territory that does not have Deemed Sponsorship Status, the applicant must hold a valid Certificate of Sponsorship issued by that country or territory and must use that Certificate of Sponsorship in support of an application lodged in the country or territory of issue; or
    2. (ii) If the applicant is a citizen of a country or the rightful holder of a passport issued by a territory that has Deemed Sponsorship Status, his valid passport issued by the country or territory holding such status will stand as evidence of sponsorship and the application for leave may be made at any post worldwide; and
  4. (ca) A Certificate of Sponsorship will only be considered to be valid if:
    1. (i) the country or territory issued it to the applicant no more than 3 months before the application for entry clearance is made, and
    2. (ii) it has not have been cancelled by the country or territory since it was issued.
  5. (d) The applicant must have a minimum of 40 points under paragraphs 101 to 104 of Appendix A; and
  6. (e) The applicant must have a minimum of 10 points under paragraphs 6 to 7 of Appendix C; and
  7. (f) The applicant must have no children under the age of 18 who are either living with him or for whom he is financially responsible; and
  8. (g) The applicant must not previously have spent time in the UK as a Working Holidaymaker or a Tier 5 (Youth Mobility Scheme) Temporary Migrant.

245ZL. Period and conditions of grant

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

  1. (a) no recourse to public funds,
  2. (b) registration with the police, if this is required by paragraph 326 of these Rules,
  3. (c) no employment as a professional sportsperson (including as a sports coach), and
  4. (d) no employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and provides evidence of this degree.
  5. (e) no self employment, except where the following conditions are met:
    1. (i) the migrant has no premises which he owns, other than his home, from which he carries out his business,
    2. (ii) the total value of any equipment used in the business does not exceed £5,000, and
    3. (iii) the migrant has no employees.
  6. (f) study subject to the condition set out in Part 15 of these Rules.

Tier 5 (Temporary Worker) Migrants

245ZM. Purpose of this route and definitions

  1. (a) This route is for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives including volunteering and job shadowing.
  2. (b) For the purposes of paragraphs 245ZM to 245ZS and paragraphs 105 to 112 of Appendix A:
    1. a migrant has “consecutive engagements” if:
    2. (i) more than one Certificate of Sponsorship reference number has been allocated in respect of the migrant,
    3. (ii) there is no gap of more than 14 days between any of the periods of engagement, and
    4. (iii) all the Certificate of Sponsorship Checking Service references record that the migrant is being sponsored in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route.

“Period of engagement” means a 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 paragraphs 105 to 111 of Appendix A, and ending on the employment end date as recorded in the same entry.

245ZN. Entry clearance

  1. (a) Subject to paragraph (b), all migrants arriving in the UK and wishing to enter as a Tier 5 (Temporary Worker) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
  2. (b) A migrant arriving in the UK and wishing to enter as a Tier 5 (Temporary Worker) Migrant who does not have a valid entry clearance will not be refused entry if the following conditions are met:
    1. (i) the migrant is not a visa national,
    2. (ii) the Certificate of Sponsorship reference number provided by the migrant leading to points being obtained under Appendix A links to an entry in the Certificate of Sponsorship Checking Service recording that their Sponsor has sponsored them in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route,
    3. (iii) if the migrant has consecutive engagements, the total length of all the periods of engagement, together with any gap between those engagements, is 3 months or less,
    4. (iv) if the migrant does not have consecutive engagements, the total length of the period of engagement is 3 months or less, and
    5. (v) the migrant meets the requirements in paragraph 245ZO below.

245ZO. Requirements for entry clearance or leave to enter

To qualify for entry clearance or, as the case may be, leave to enter, as a Tier 5 (Temporary Worker) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must have a minimum of 30 points under paragraphs 105 to 112 of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 8 to 9 of Appendix C.
  4. (d) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  5. (e) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.
  6. (f) An applicant being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers) as a private servant in a diplomatic household must:
    1. (i) be no less than 18 years of age at the time of application, and
    2. (ii) provide evidence of agreed written terms and conditions of employment in the UK with his employer including specifically that the applicant will be paid in accordance with the National Minimum Wage Act 1998 and regulations made under that Act, in the form set out in Appendix 7; and
    3. (iii) satisfy 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
    4. (iv) provide 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).
  7. (g) The employer referred to in (f) (ii) must be:
    1. (i) a diplomat, or
    2. (ii) an employee of an international organisation recognised by Her Majesty’s Government, who enjoys certain privileges or immunity under UK or international law.
  8. (h) Where the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored as a Contractual Service Supplier, or Independent Professional in the International Agreement sub-category of the Tier 5 (Temporary Worker) Migrant route, the grant of leave to enter will not result in the applicant being granted leave to enter or remain as a Contractual Service Supplier, or Independent Professional under the International Agreement sub-category of the Tier 5 (Temporary Worker) Migrant route for a cumulative period exceeding 6 months in any 12 month period ending during the period of leave to enter requested.
  9. (i) The Entry Clearance Officer or Immigration Officer must be satisfied that:
    1. (i) the applicant genuinely intends to undertake, and is capable of undertaking, the role recorded by the Certificate of Sponsorship Checking Service; and
    2. (ii) the applicant will not undertake employment in the United Kingdom other than under the terms of paragraph 245ZP(f)(iii), and
    3. (iii) where the Certificate of Sponsorship Checking Service records the applicant as being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers) to work as a private servant in a diplomatic household, the applicant’s employer intends to pay the applicant, throughout their employment in the UK, at least the National Minimum Wage rate to which they are entitled by the law in force at the relevant time.
  10. (j) To support the assessment in paragraph 245ZO(i), the Entry Clearance Officer or Immigration Officer may:
    1. (i) request additional information and evidence, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Home Office at the address specified in the request within 28 calendar days of the date the request is sent, and
    2. (ii) request the applicant attends an interview, and refuse the application if the applicant fails to comply with any such request without providing a reasonable explanation.
  11. (k) If the Entry Clearance Officer or Immigration Officer is not satisfied following the assessment in paragraph 245ZO(i), no points will be awarded under paragraphs 105 to 112 of Appendix A.
  12. (l) The Entry Clearance Officer or Immigration Officer may decide not to carry out the assessment in paragraph 245ZO(i) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.

245ZP. Period and conditions of grant

  1. (a) Where paragraph 245ZN(b) applies and the applicant has consecutive engagements, leave to enter will be granted for:
    1. (i) a period commencing not more than 14 days before the beginning of the first period of engagement and ending 14 days after the end of the last period of engagement, or
    2. (ii) 3 months
  2. whichever is the shorter.
  1. (b) Where paragraph 245ZN(b) applies and the applicant does not have consecutive engagements, leave to enter will be granted for:
    1. (i) a period commencing not more than 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or
    2. (ii) 3 months
  2. whichever is the shorter.
  1. (c) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the Creative and Sporting subcategory, the Government Authorised Exchange subcategory for a Work Experience Programme, or the Charity Workers sub-category of the Tier 5 (Temporary Worker) Migrant route, entry clearance or leave to enter will be granted for:
    1. (i) a period commencing 14 days before the beginning of the period of engagement (or of the first period of engagement, where the applicant has consecutive engagements) and ending 14 days after the end of that period of engagement (or of the last period of engagement, where the applicant has consecutive engagements), or
    2. (ii) 12 months
  2. whichever of (i) or (ii) is the shorter.
  1. (d) Where paragraph 245ZN (b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the religious workers, the Government Authorised Exchange subcategory for a Research Programme, Training Programme or Overseas Government Language Programme, or other than as a Contractual Service Supplier, or Independent Professional, in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route, entry clearance will be granted for:
    1. (i) a period commencing 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or
    2. (ii) 2 years,
  2. whichever is the shorter.
  1. (e) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored as a Contractual Service Supplier, or Independent Professional in the International Agreement sub-category of the Tier 5 (Temporary Worker) Migrant route, entry clearance will be granted for:
    1. (i) a period commencing 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or
    2. (ii) 6 months,
  2. whichever is the shorter.
  1. (f) Leave to enter and entry clearance will be granted 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 except:
      1. (1) unless paragraph (2) applies, and subject to paragraph (5), working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor,
      2. (2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the Government Authorised Exchange subcategory of Tier 5 (Temporary Workers), the work, volunteering or job shadowing authorised by the Sponsor and that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,
      3. (3) supplementary employment except in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the international agreement sub-category, to work as a private servant in a diplomatic household or as a Contractual Service Supplier, or Independent Professional, and
      4. (4) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the creative and sporting subcategory of Tier 5 (Temporary Workers), employment as a sportsperson for his national team while his national team is in the UK, playing in British University and College Sport (BUCS) competitions and Temporary Engagement as a Sports Broadcaster.
      5. (5) in the case of a person granted leave to enter or remain 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, any conditions attached to their leave shall not prevent that person from taking employment as a domestic worker in a household other than that specified in the Certificate of Sponsorship.
    4. (iv) in the case of an applicant whom the Certificate of Sponsorship Checking Service records as being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers), to work as a private servant in a diplomatic household, the employment in (iii)(1) above means working only in the household of the employer recorded by the Certificate of Sponsorship Checking Service.
    5. (v) study subject to the condition 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.

245ZQ. Requirements for leave to remain

To qualify for leave to remain as a Tier 5 (Temporary Worker) Migrant under this rule, an applicant must meet the requirements listed below. Subject to paragraph 245ZR(a), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must have, or have last been granted.
    1. (i) entry clearance or leave to remain as a Tier 5 (Temporary Worker) Migrant, or
    2. (ii) entry clearance, leave to enter or leave to remain as a visitor who has been in the UK undertaking permitted activities in the sports or creative sectors, provided:
      1. (1) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows that he is being sponsored in the creative and sporting subcategory; and
      2. (2) the Certificate of Sponsorship reference number was allocated to the applicant before he entered the UK as a visitor (excluding visitors for permitted paid engagements, marriage or civil partnership or transit), or
    3. (iii) entry clearance, leave to enter or leave to remain as an Overseas Government Employee, provided
      1. (a) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the international agreement sub-category, and
      2. (b) the applicant is continuing employment with the same overseas government or international organisation for which earlier leave was granted, or
    4. (iv) entry clearance, leave to enter or leave to remain as a Qualifying Work Permit Holder, provided, or
      1. (a) the applicant was previously issued with a work permit for the purpose of employment by an overseas government, and
      2. (b) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the international agreement sub-category, and
      3. (c) the applicant is continuing employment with the same overseas government or international organisation for which earlier leave was granted
    5. (v) entry clearance, leave to enter or leave to remain as a Qualifying Work Permit Holder, provided
      1. (1) the applicant was previously issued with a work permit for the purpose of employment as a sponsored researcher, and
      2. (2) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the government authorised exchange sub-category, and
      3. (3) the applicant is continuing employment with the same organisation for which his most recent period of leave was granted, or
    6. (vi) entry clearance, leave to enter or leave to remain as a Student, a Student Re-Sitting an Examination, a Person Writing Up a Thesis, a Postgraduate Doctor or Dentist, a Student Nurse, a Student Union Sabbatical Officer, or a Tier 4 (General) Migrant who, in respect of such leave, is or was last sponsored by:
      1. (a) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
      2. (b) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom,
      3. provided the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application confirms:
      4. (1) he is being sponsored in the government authorised exchange sub-category, and
      5. (2) he lawfully obtained a UK recognised bachelor or postgraduate degree (not a qualification of equivalent level which is not a degree) during his last grant of leave, and
      6. (3) he is being sponsored to:
        1. (a) undertake a period of postgraduate professional training or work experience which is required to obtain a professional qualification or professional registration in the same professional field as the qualification in (2) above, and will not be filling a permanent vacancy, such that the employer he is directed to work for by the Sponsor does not intend to employ him in the UK once the training or work experience for which he is being sponsored has concluded, or
        2. (b) undertake an internship for up to 12 months which directly relates to the qualification in(2) above, and will not be filling a permanent vacancy, such that the employer he is directed to work for by the Sponsor does not intend to employ him in the UK once the training or work experience for which he is being sponsored has concluded,
  3. (c) The applicant must have a minimum of 30 points under paragraphs 105 to 112 of Appendix A.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 8 to 9 of Appendix C.
  5. (e) The Certificate of Sponsorship Checking Service entry to which the Certificate of Sponsorship reference number for which points under Appendix A were awarded relates must:
    1. (i) record that the applicant is being sponsored in the same subcategory of the Tier 5 (Temporary Worker) Migrant route as the one in which he was being sponsored to work for when he was last granted entry clearance or leave to remain as a Tier 5 (Temporary Worker) Migrant, and
    2. (ii) in the case of an applicant who the Certificate of Sponsorship Checking Service records as being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers), to work as a private servant in a diplomatic household, who entered the UK with a valid entry clearance in that capacity under the Rules in place from 6 April 2012, record that the applicant is being sponsored to work for the same employer as set out in paragraph 245ZO (g) who he was being sponsored to work for when he was last granted entry clearance or leave to remain as a Tier 5 (Temporary Worker) Migrant, and the applicant must have continued to work for that employer throughout his period of leave and must provide evidence of agreed written terms and conditions of employment in the UK with his employer in the form set out in Appendix 7.
  6. (f) Where the applicant is under 18 years of age, the application must be supported by the applicant’ parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  7. (g) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  8. (h) An applicant who has, or was last granted, leave as a Student, a Student Re-Sitting an Examination, a Person Writing Up a Thesis, a Postgraduate Doctor or Dentist, a Student Nurse, a Student Union Sabbatical Officer, or a Tier 4 (General) Migrant and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less

must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.

  1. (i) The applicant 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.
  2. (j) Where the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored as a Contractual Service Supplier, or Independent Professional in the International Agreement subcategory of the Tier 5 (Temporary Worker) Migrant route, the grant of leave to remain will not result in the applicant being granted leave to enter or remain as a Contractual Service Supplier, or Independent Professional under the international agreement sub-category of the Tier 5 (Temporary Worker) Migrant route for a cumulative period exceeding 6 months in any 12 month period ending during the period of leave to remain requested.
  3. (k) The Secretary of State must be satisfied that:
    1. (i) the applicant genuinely intends to undertake, and is capable of undertaking, the role recorded by the Certificate of Sponsorship Checking Service; and
    2. (ii) the applicant will not undertake employment in the United Kingdom other than under the terms of paragraph 245ZR(h)(iii); and
    3. (iii) where the Certificate of Sponsorship Checking Service records the applicant as being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers) to work as a private servant in a diplomatic household, the applicant’s employer intends to pay the applicant, throughout their employment in the UK, at least the National Minimum Wage rate to which they are entitled by the law in force at the relevant time.
  4. (l) To support the assessment in paragraph 245ZQ(k), the Secretary of State may:
    1. (i) request additional information and evidence, and refuse the application if the information or evidence is not provided. Any requested documents must be received by the Home Office at the address specified in the request within 28 calendar days of the date the request is sent, and
    2. (ii) request the applicant attends an interview, and refuse the application if the applicant fails to comply with any such request without providing a reasonable explanation.
  5. (m) If the Secretary of State is not satisfied following the assessment in paragraph 245ZQ(k), no points will be awarded under paragraphs 105 to 112 of Appendix A.
  6. (n) The Secretary of State may decide not to carry out the assessment in paragraph 245ZQ(k) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  7. (o) Where the Certificate of Sponsorship Checking Service records the applicant as being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers) to work as a private servant in a diplomatic household, the applicant must provide 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 2(2) of the National Minimum Wage Regulations 1999 (as amended from time to time).

245ZR. Period and conditions of grant

  1. (a) If any calculation of period of leave comes to zero or a negative number, leave to remain will be refused.
  2. (b) Subject to paragraphs (c) to (f) below, leave to remain will be granted for:
    1. (i) the length of the period of engagement, as recorded in the Certificate of Sponsorship Checking Service entry, plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement) or
    2. (ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant and:
      1. (1) 12 months, if he is being sponsored in the Government Authorised exchange sub-category for a Work Experience Programme where the initial grant of leave was granted under the Rules in place from 6 April 2012, the Creative and Sporting subcategory, or the Charity Workers subcategory, or
      2. (2) 2 years, if he is being sponsored in the Government Authorised Exchange sub-category where the initial grant of leave was made under the Rules in place before 6 April 2012 or for a Research Programme, Training Programme or Overseas Government Language Programme, the Religious Workers subcategory, or the International Agreement subcategory other than as a Contractual Service Supplier, or Independent Professional, or
      3. (3) 6 months, if the applicant is being sponsored in the International Agreement subcategory and is a Contractual Service Supplier or Independent Professional,
  3. whichever of (i) or (ii) is the shorter.
  1. (c) Where the provisions in paragraph 245ZQ(b)(ii) apply, the migrant will be granted leave to remain for:
    1. (i) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or
    2. (ii) 12 months
  2. whichever of (i) or (ii) is the shorter.
  1. (d) Where the Certificate of Sponsorship Checking Service reference records that the migrant is being sponsored in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route as an overseas government employee, employee of an international organisation or a private servant in a diplomatic household where in the case of the latter he entered the UK with a valid entry clearance in that capacity under the Rules in place before 6 April 2012, leave to remain will be granted for:
    1. (i) the period of engagement plus 14 days, or
    2. (ii) 24 months,
  1. whichever of (i) or (ii) is the shorter, unless at the date of the application for leave to remain the applicant has spent more than 4 years continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for:
    1. (iii) the period of engagement plus 14 days, or
    2. (iv) a period equal to 6 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant
  2. whichever of (iii) or (iv) is the shorter.
  1. (e) Where the Certificate of Sponsorship Checking Service reference records that the applicant is being sponsored in the international agreement sub-category of the Tier 5 (Temporary Worker) Migrant route as a private servant in a diplomatic household to work in a domestic capacity in the household of a named individual and where he entered the UK with a valid entry clearance in that capacity under the Rules in place from 6 April 2012, leave to remain will be granted for:
    1. (i) the period of engagement plus 14 days, or
    2. (ii) 24 months,
  1. whichever of (i) or (ii) is the shorter, unless at the date of the application the applicant has spent more than 3 years continuously in the UK with leave as a Tier 5 (Temporary Worker) migrant, in which case leave will be granted for:
    1. (iii) the period of engagement plus 14 days, or
    2. (iv) a period equal to 5 years less X, where X is the period of time, beginning with the date on which the applicant was first granted entry clearance as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant

whichever of (iii) or (iv) is the shorter. Where the calculation at (iv) above results in zero or a negative number, the application for leave to remain will be refused.

  1. (f) Where:
    1. (i) the Certificate of Sponsorship Checking Service reference number records that the applicant is being sponsored in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route as a creative worker, and
    2. (ii) the Sponsor is the Sponsor who sponsored the applicant when he received his last grant of leave
  1. leave to remain will be granted for the period set out in paragraph (g) below.
  1. (g) Where the conditions in paragraph (f) above are met, leave to remain will be granted for:
    1. (i) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or
    2. (ii) 12 months
  1. whichever of (i) or (ii) is the shorter, unless the applicant has spent more than 1 year continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for:
    1. (iii) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or
    2. (iv) a period equal to 2 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant

whichever of (iii) or (iv) is the shorter.

  1. (h) Leave to remain will be granted 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, and
    3. (iii) no employment except:
      1. (1) unless paragraph (2) applies, and subject to paragraph (5), working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor,
      2. (2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the government authorised exchange subcategory of Tier 5 (Temporary Workers), the work, volunteering or job shadowing authorised by the Sponsor and that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,
      3. (3) supplementary employment, and
      4. (4) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the creative and sporting subcategory of Tier 5 (Temporary Workers), employment as a sportsperson for his national team while his national team is in the UK, playing in British University and College Sport (BUCS) competitions and Temporary Engagement as a Sports Broadcaster.
      5. (5) in the case of a person granted leave to enter or remain 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, any conditions attached to their leave shall not prevent that person from taking employment as a domestic worker in a household other than that specified in the Certificate of Sponsorship.
    4. (iv) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the international agreement sub-category of Tier 5 (Temporary Workers), to work as a private servant in a diplomatic household, the employment in (iii)(1) above means working only in the household of the employer recorded by the Certificate of Sponsorship Checking Service .
    5. (v) study subject to the condition 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.

245ZS. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 5 (Temporary Worker) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (aa) DELETED.
  2. (a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.
  3. (b) The applicant must have spent a continuous period of 5 years lawfully in the UK with leave in the international agreement sub-category of Tier 5 and working as a private servant in a diplomatic household and have last been granted entry clearance in this capacity under the Rules in place before 6 April 2012.
  4. (c) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  5. (d) The applicant 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.
  6. (e) the applicant must provide 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, the applicant must provide a personal letter 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.

Tier 4 (General) Student

245ZT. Purpose of this route

This route is for migrants aged 16 or over who wish to study in the UK at an institution that is not an Academy or a school maintained by a local authority.

245ZU. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 4 (General) Student must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245ZV. Requirements for entry clearance

To qualify for entry clearance as a Tier 4 (General) Student, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must have a minimum of 30 points under paragraphs 113 to 120 of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 10 to 14 of Appendix C.
  4. (ca) The applicant must, if required to do so on examination or interview, be able to demonstrate without the assistance of an interpreter English language proficiency of a standard to be expected from an individual who has reached the standard specified in a Confirmation of Acceptance for Studies assigned in accordance with Appendix A paragraph 118(b) (for the avoidance of doubt, the applicant will not be subject to a test at the standard set out in Appendix A, paragraph 118(b).
  5. (da) If the applicant wishes to undertake a course:
    1. (i) undergraduate or postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 of these Rules, or
    2. (ii) undergraduate or postgraduate studies leading to a taught Masters degree or other postgraduate qualification in one of the disciplines listed in paragraph 2 of Appendix 6 of these Rules, or
    3. (iii) a period of study or research in excess of 6 months in one of the disciplines listed in paragraphs 1 or 2 of Appendix 6 of these Rules at an institution of higher education where this forms part of an overseas postgraduate qualification

the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, that the applicant will be taking and at the institution at which the applicant wishes to undertake it and must provide a print-out of his Academic Technology Approval Scheme clearance certificate to show that these requirements have been met.

  1. (e) If the applicant wishes to be a postgraduate doctor or dentist on a recognised Foundation Programme:
    1. (i) the applicant must have successfully completed a recognised UK degree in medicine or dentistry from:
      1. (1) an institution with a Tier 4 sponsor licence,
      2. (2) a UK publicly funded institution of further or higher education or
      3. (3) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance,
    2. (ii) the applicant must have previously been granted leave:
      1. (1) as a Tier 4 (General) Student, or as a Student, for the final academic year of the studies referred to in paragraph (i) above, and
      2. (2) as a Tier 4 (General) Student, or as a Student, for at least one other academic year (aside from the final year) of the studies referred to in paragraph (i) above,
    3. (iii) if the applicant has previously been granted leave as a Postgraduate Doctor or Dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to enter or remain in that category, and
    4. (iv) if the applicant has previously been granted leave as a Tier 4 (General) Student to undertake a course as a postgraduate doctor or dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which the applicant was first granted leave to undertake such a course.
  2. (f) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  3. (g) If the course is below degree level the grant of entry clearance the applicant is seeking must not lead to the applicant having been granted more than 2 years in the UK as a Tier 4 Migrant since the age of 18 to study courses that did not consist of degree level study.
  4. For the avoidance of doubt, the calculation of whether the applicant has exceeded the time limit will be based on what was previously granted by way of period of leave and level of course rather than (if different) periods and courses actually studied.
  5. (ga) If the course is at degree level or above, the grant of entry clearance the applicant is seeking must not lead to the applicant having been granted more than 5 years in the UK as a Tier 4 (General) Migrant, or as a Student, to study courses at degree level or above unless:
    1. (i) the applicant has successfully completed a course at degree level in the UK of a minimum duration of 4 academic years, and will follow a course of study at Masters degree level sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council, and the grant of entry clearance must not lead to the applicant having spent more than 6 years in the UK as a Tier 4 (General) Migrant, or as a Student, studying courses at degree level or above; or
    2. (ii) the grant of entry clearance is to follow a course leading to the award of a PhD, and the applicant is sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
    3. (iii) the applicant is following a course of study in;
      1. (1) Architecture;
      2. (2) Medicine;
      3. (3) Dentistry;
      4. (4) Law, where the applicant has completed a course at degree level in the UK and is progressing to:
        1. a. a law conversion course validated by the Joint Academic Stage Board in England and Wales, a Masters in Law (MLaw) in Northern Ireland, or an accelerated graduate LLB in Scotland; or
        2. b. the Legal Practice Course in England and Wales, the Solicitors Course in Northern Ireland, or a Diploma in Professional Legal Practice in Scotland; or
        3. c. the Bar Professional Training Course in England and Wales, or the Bar Course in Northern Ireland.
      5. (5) Veterinary Medicine & Science; or
      6. (6) Music at a music college that is a member of Conservatoires UK (CUK).
  6. For the avoidance of doubt, the calculation of whether the applicant has exceeded the time limit will be based on what was previously granted by way of period of leave and level of course rather than (if different) periods and courses actually studied.
  7. (gb) If the applicant has completed a course leading to the award of a PhD, postgraduate research qualification or a Masters degree by research in the UK, the grant of entry clearance the applicant is seeking must not lead to the applicant having spent more than 8 years in the UK as a Tier 4 (General) Migrant, or as a Student.
  8. (h) The applicant must be at least 16 years old.
  9. (i) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  10. (j) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.
  11. (k) The Entry Clearance Officer must be satisfied that the applicant is a genuine student.

245ZW. Period and conditions of grant

  1. (a) Subject to paragraph (b), entry clearance will be granted for the duration of the course.
  2. (b) In addition to the period of entry clearance granted in accordance with paragraph (a), entry clearance will also be granted for the periods set out in the following table. Notes to accompany the table appear below the table.
Type of course Period of entry clearance to be granted before the course starts Period of entry clearance to be granted after the course ends
12 months or more 1 month before the course starts or 7 days before the intended date of travel, whichever is later 4 months
6 months or more but less than 12 months 1 month before the course starts or 7 days before the intended date of travel, whichever is later 2 months
Pre-sessional course of less than 6 months 1 month before the course starts or 7 days before the intended date of travel, whichever is later 1 month
Course of less than 6 months that is not a pre-sessional course 7 days before the course starts 7 days
Postgraduate doctor or dentist 1 month before the intended date of travel, whichever is later 1 month

Notes

  1. (i) If the grant of entry clearance is made less than 7 days before the intended date of travel, entry clearance will be granted with immediate effect.
    1. (aii) The intended date of travel is the date recorded by the applicant either through the relevant online application process or in the specified application form for Tier 4 (General) Students, as their intended date for travel to the UK.
    2. (ii) A pre-sessional course is a course which prepares a student for the student’s main course of study in the UK.
    3. (iii) The additional periods of entry clearance granted further to the table above will be included for the purposes of calculating whether a migrant has exceeded the limits specified at 245ZV(g) to 245ZV(gb).
  2. (c) Entry clearance will be granted 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 except:
      1. (1) employment during term time of no more than 20 hours per week and employment (of any duration) during vacations, where the student is following a course of degree level study and is either:
        1. (a) sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
        2. (b) sponsored by an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom.
      2. (2) employment during term time of no more than 10 hours per week and employment (of any duration) during vacations, where the student is following a course of below degree level study and is sponsored by a 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,
      3. (3) DELETED
      4. (4) employment as part of a course-related work placement which forms an assessed part of the applicant’s course and provided that any period that the applicant spends on that placement does not exceed one third of the total length of the course undertaken in the UK except:
        1. (i) where it is a United Kingdom statutory requirement that the placement should exceed one third of the total length of the course; or
        2. (ii) where the placement does not exceed one half of the total length of the course undertaken in the UK and the student is following a course of degree level study and is either:
          1. (a) sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
          2. (b) sponsored by an overseas higher education institution to undertake a short-term Study Abroad Programme in the United Kingdom.
      5. (5) employment as a Student Union Sabbatical Officer, for up to 2 years, provided the post is elective and is at the institution which is the applicant’s sponsor or they must be elected to a national National Union of Students (NUS) position.
      6. (6) employment as a Postgraduate Doctor or Dentist on a recognised Foundation Programme
      7. (7) until such time as a decision is received from the Home Office on an application which is supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor and which is made following successful completion of course at degree level or above at a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council and while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, employment with the Tier 2 Sponsor, in the role for which they assigned the Certificate of Sponsorship to the Tier 4 migrant,
      8. (8) self-employment, providing the migrant has made an application for leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant which:
        1. (a) is supported by an endorsement from a qualifying Higher Education Institution,
        2. (b) is made following successful completion of a UK recognised Bachelor degree, Masters degree or PhD (not a qualification of equivalent level which is not a degree) course at a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council, and
        3. (c) is made while the applicant has extant leave,
    4. until such time as a decision is received from the Home Office on that application and any appeal or administrative review against that decision has been determined,
  1. provided that the migrant is not self-employed or engaged in business activity other than under the conditions of (8) above, or employed as a Doctor or Dentist in Training other than under the conditions of (v) below, professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant’s employment would not fill a permanent full time vacancy other than under the conditions of (7) above, or a vacancy on a recognised Foundation Programme or as a sabbatical officer; and
    1. (iv) no study except:
      1. (1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant’s sponsor, unless:
        1. (a) the migrant is studying at an institution which is a partner institution of the migrant’s sponsor; or
        2. (b) until such time as a decision is received from the Home Office on an application which is supported by a Confirmation of Acceptance for Studies assigned by a sponsor with Tier 4 Sponsor status and which is made while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, the migrant is studying at the sponsor with Tier 4 Sponsor status that the Confirmation of Acceptance for Studies Checking Service records as having assigned such Confirmation of Acceptance for Studies to the migrant; or
        3. (c) the study is supplementary study,
      2. (2) study on the course, or courses where a pre-sessional is included, for which the Confirmation of Acceptance for Studies was assigned, unless the student:
        1. (a) has yet to complete the course for which the Confirmation of Acceptance for Studies was assigned; and
        2. (b) begins studying a new course at their sponsor institution, instead of the course for which the Confirmation of Acceptance for Studies was assigned, and:
          1. 1. the course is taught by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council which is also the sponsor,
          2. 2. the course is at degree level or above,
          3. 3. the new course is not at a lower level than the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student,
          4. 4. the sponsor has Tier 4 Sponsor status,
          5. 5. the applicant will be able to complete the new course within their extant period of leave, and
          6. 6. if the applicant has previously been granted leave as a Tier 4 (General) Student or as a Student, the sponsor confirms that:
            1. a. the course is related to the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student, meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation, or
            2. b. the previous course and the new course in combination support the applicant’s genuine career aspirations,
        3. and
      3. (3) subject to (1) and (2) above, study on a course (or period of research) to which paragraph 245ZV(da) applies only if the migrant holds a valid Academic Technology Approval Scheme certificate issued prior to the commencement of the course (or period of research) that specifically relates to the course or (area of research) and to the institution at which the migrant undertakes such course (or period of research). Where:
        1. (a) the migrant’s course (or research) completion date reported on the Confirmation of Acceptance for Studies is postponed or delayed for a period of more than three calendar months, or if there are any changes to the course contents (or the research proposal), the migrant must apply for a new Academic Technology Approval Scheme certificate within 28 calendar days; and
        2. (b) the migrant begins studying a new course (or period of research) as permitted in (2) above and the new course (or area of research) is of a type specified in paragraph 245ZV(da), the migrant must obtain an Academic Technology Approval Scheme clearance certificate relating to the new course (or area of research) prior to commencing it.
    2. (v) no employment as a Doctor or Dentist in Training unless:
      1. (1) the course that the migrant is being sponsored to do (as recorded by the Confirmation of Acceptance for Studies Checking Service) is a recognised Foundation Programme, or
      2. (2) the migrant has made an application as a Tier 4 (General) Student which is supported by a Confirmation of Acceptance for Studies assigned by a sponsor with Tier 4 Sponsor status to sponsor the applicant to do a recognised Foundation Programme, and this study satisfies the requirements of (iv)(2) above, or
      3. (3) the migrant has made an application as a Tier 2 (General) Migrant which is supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor to sponsor the applicant to work as a Doctor or Dentist in Training, and this employment satisfies the conditions of (iii)(7) above.
    3. (vi) no study at Academies or schools maintained by a local authority, except where the migrant has been granted entry clearance to study at an institution which holds a sponsor licence under Tier 4 of the Points Based System which becomes an Academy or a school maintained by a local authority during the migrant’s period of study, in which case the migrant may complete the course for which the Confirmation of Acceptance for Studies was assigned, but may not commence a new course at that institution.

245ZX. Requirements for leave to remain

To qualify for leave to remain as a Tier 4 (General) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the applicant will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.
  2. (b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
    1. (i) as a Tier 4 (General) Student, and, in respect of such leave, is or was last sponsored by:
      1. (1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
      2. (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
      3. (3) an Embedded College offering Pathway Courses; or
      4. (4) an independent school.
    2. (ii) as a Tier 4 (Child) Student,
    3. (iii) as a Tier 1 (Post-study Work) Migrant,
    4. (iv) as a Tier 2 Migrant,
    5. (v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),
    6. (vi) as a Participant in the Fresh Talent: Working in Scotland Scheme,
    7. (vii) as a Postgraduate Doctor or Dentist,
    8. (viii) DELETED
    9. (ix) as a Student,
    10. (x) as a Student Nurse,
    11. (xi) as a Student Re-sitting an Examination,
    12. (xii) as a Student Writing-Up a Thesis,
    13. (xiii) as a Student Union Sabbatical Officer, or
    14. (xiv) as a Work Permit Holder.
  3. (c) The applicant must have a minimum of 30 points under paragraphs 113 to 120 of Appendix A.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 10 to 14 of Appendix C.
  5. (da) The applicant must, if required to do so on examination or interview, be able to demonstrate without the assistance of an interpreter English language proficiency of a standard to be expected from an individual who has reached the standard specified in a Confirmation of Acceptance for Studies assigned in accordance with Appendix A paragraph 118(b) (for the avoidance of doubt, the applicant will not be subject to a test at the standard set out in Appendix A, paragraph 118(b)).
  6. (ea) if the applicant wishes to undertake a course:
    1. (i) undergraduate or postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 of these Rules, or
    2. (ii) undergraduate or postgraduate studies leading to a taught Masters degree or other postgraduate qualification in one of the disciplines listed in paragraph 2 of Appendix 6 of these Rules, or
    3. (iii) a period of study or research in excess of 6 months in one of the disciplines listed in paragraphs 1 or 2 of Appendix 6 of these Rules at an institution of higher education where this forms part of an overseas postgraduate qualification
  1. the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, that the applicant will be taking and at the institution at which the applicant wishes to undertake it and must provide a print-out of his Academic Technology Approval Scheme clearance certificate to show that these requirements have been met.
  2. Applicants applying for leave to remain under the doctorate extension scheme are not required to meet the conditions of paragraph 245ZX (ea) if they continue to study on a course (or period of research) for which they have a valid Academic Technology Approval Scheme certificate.
  1. (f) If the applicant wishes to be a postgraduate doctor or dentist on a recognised Foundation Programme:
    1. (i) the applicant must have successfully completed a recognised UK degree in medicine or dentistry from:
      1. (1) an institution with a Tier 4 sponsor licence,
      2. (2) a UK publicly funded institution of further or higher education or
      3. (3) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance,
    2. (ii) the applicant must have previously been granted leave:
      1. (1) as a Tier 4 (General) Student, or as a Student, for the final academic year of the studies referred to in paragraph (i) above, and
      2. (2) as a Tier 4 (General) Student, or as a Student, for at least one other academic year (aside from the final year) of the studies referred to in paragraph (i) above,
    3. (iii) if the applicant has previously been granted leave as a Postgraduate Doctor or Dentist the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to enter or remain in that category, and
    4. (iv) if the applicant has previously been granted leave as a Tier 4 (General) Student to undertake a course as a postgraduate doctor or dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to undertake such a course.
  2. (g) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  3. (h) If the course is below degree level the grant of leave to remain the applicant is seeking must not lead to the applicant having been granted more than 2 years in the UK as a Tier 4 Migrant since the age of 18 to study courses that did not consist of degree level study.
  4. For the avoidance of doubt, the calculation of whether the applicant has exceeded the time limit will be based on what was previously granted by way of period of leave and level of course rather than (if different) periods and courses actually studied.
  5. (ha) If the course is at degree level or above, the grant of leave to remain the applicant is seeking must not lead to the applicant having been granted more than 5 years in the UK as a Tier 4 (General) Migrant, or as a Student, to study courses at degree level or above unless:
    1. (i) the applicant has successfully completed a course at degree level in the UK of a minimum duration of 4 academic years, and will follow a course of study at Masters degree level sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council, and the grant of leave to remain must not lead to the applicant having spent more than 6 years in the UK as a Tier 4 (General) Migrant, or as a Student, studying courses at degree level or above; or
    2. (ii) the grant of leave to remain is to follow a course leading to the award of a PhD and the applicant is sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
    3. (iii) the applicant is following a course of study in;
      1. (1) Architecture;
      2. (2) Medicine;
      3. (3) Dentistry;
      4. (4) Law, where the applicant has completed a course at degree level in the UK and is progressing to:
        1. a. a law conversion course validated by the Joint Academic Stage Board in England and Wales, a Masters in Legal Science (MLegSc) in Northern Ireland, or an accelerated graduate LLB in Scotland; or
        2. b. the Legal Practice Course in England and Wales, the Solicitors Course in Northern Ireland, or a Diploma in Professional Legal Practice in Scotland; or
        3. c. the Bar Professional Training Course in England and Wales, or the Bar Course in Northern Ireland.
      5. (5) Veterinary Medicine & Science; or
      6. (6) Music at a music college that is a member of Conservatoires UK (CUK).
  6. For the avoidance of doubt, the calculation of whether the applicant has exceeded the time limit will be based on what was previously granted by way of period of leave and level of course rather than (if different) periods and courses actually studied.
  7. (hb) If the applicant has completed a course leading to the award of a PhD, postgraduate research qualification or a Masters degree by research in the UK, the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 8 years in the UK as a Tier 4 (General) Migrant, or as a Student.
  8. (i) The applicant must be at least 16 years old.
  9. (j) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  10. (k) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  11. (l) Unless applying for leave to remain as a Tier 4 (General) Student on the doctorate extension scheme, the applicant must be applying for leave to remain for the purpose of studies which commence within 28 days of the expiry of the applicant’s current leave to enter or remain or, where the applicant has overstayed, within 28 days of when that period of overstaying began.
  12. (m) The applicant 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.
  13. (n) Where the applicant is applying for leave to remain as a Tier 4 (General) Student on the doctorate extension scheme:
    1. (i) leave to remain as a Tier 4 (General) Student on the doctorate extension scheme must not have previously been granted;
    2. (ii) the applicant must have entry clearance or leave to remain as a Tier 4 (General) Student and must be following a course leading to the award of a PhD;
    3. (iii) the applicant must be sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council and that sponsor will be the sponsor awarding the PhD; and
    4. (iv) the date of the application must be within 60 days of the expected end date of a course leading to the award of a PhD.
  14. (o) the Secretary of State must be satisfied that the applicant is a genuine student.

245ZY. Period and conditions of grant

  1. (a) Subject to paragraphs (b), (ba) and (c) below, leave to remain will be granted for the duration of the course.
  2. (b) In addition to the period of leave to remain granted in accordance with paragraph (a), leave to remain will also be granted for the periods set out in the following table. Notes to accompany the table appear below the table.
Type of course Period of leave to remain to be granted before the course starts Period of leave to remain to be granted after the course ends
12 months or more 1 month 4 months
6 months or more but less than 12 months 1 month 2 months
Pre-sessional course of less than 6 months 1 month 1 month
Course of less than 6 months that is not a pre-sessional course 7 days 7 days
Postgraduate doctor or dentist 1 month 1 month

Notes

  1. (i) If the grant of leave to remain is being made less than 1 month or, in the case of a course of less than 6 months that is not a pre-sessional course, less than 7 days before the start of the course, leave to remain will be granted with immediate effect.
    1. (ii) A pre-sessional course is a course which prepares a student for the student’s main course of study in the UK.
    2. (iii) The additional periods of leave to remain granted further to the table above will be included for the purposes of calculating whether a migrant has exceeded the limits specified at 245ZX(h) to 245ZX(hb).
  2. (ba) Leave to remain as a Tier 4 (General) Student on the doctorate extension scheme will be granted for 12 months, commencing on the expected end date of a course leading to the award of a PhD.
  3. (bb) Leave to remain as a Tier 4 (General) Student on the doctorate extension scheme will not be subject to the conditions on the limited time that can be spent as a Tier 4 (General) Student or as a student, specified at 245ZX (hb).
  4. (c) Leave to remain will be granted 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 except:
      1. (1) employment during term time of no more than 20 hours per week and employment (of any duration) during vacations, where the student is following a course of degree level study and is either:
        1. (a) sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
        2. (b) sponsored by an overseas higher education institution to undertake a short-term Study Abroad Programme in the United Kingdom.
      2. (2) employment during term time of no more than 10 hours per week and employment (of any duration) during vacations, where the student is following a course of below degree level study and is sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council,
      3. (3) DELETED
      4. (4) employment as part of a course-related work placement which forms an assessed part of the applicant’s course and provided that any period that the applicant spends on that placement does not exceed one third of the total length of the course undertaken in the UK except:
        1. (i) where it is a United Kingdom statutory requirement that the placement should exceed one third of the total length of the course; or
        2. (ii) where the placement does not exceed one half of the total length of the course undertaken in the UK and the student is following a course of degree level study and is either:
          1. (a) sponsored by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
          2. (b) sponsored by an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom.
      5. (5) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant’s sponsor or they must be elected to a national National Union of Students (NUS) position,
      6. (6) employment as a Postgraduate Doctor or Dentist on a recognised Foundation Programme
      7. (7) until such time as a decision is received from the Home Office on an application which is supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor and which is made following successful completion of course at degree level or above at a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council and while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, employment with the Tier 2 Sponsor institution, in the role for which they assigned the Certificate of Sponsorship to the Tier 4 migrant,
      8. (8) self-employment, providing the migrant has made an application for leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant which is supported by an endorsement from a qualifying Higher Education Institution and which is made following successful completion of a course at degree level or above at a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council and while the applicant has extant leave, until such time as a decision is received from the Home Office on an application and any appeal or administrative review against that decision has been determined,
  1. provided that the migrant is not self-employed or engaged in business activity other than under the conditions of (8) above, or employed as a Doctor or Dentist in Training other than under the conditions of (v) below, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant’s employment would not fill a permanent full time vacancy other than under the conditions of (7) above, or a vacancy on a recognised Foundation Programme or as a sabbatical officer.
    1. (9) where, during the current period of leave, the migrant has successfully completed a PhD at a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council, and has been granted leave to remain as a Tier 4 (General) Student on the doctorate extension scheme or has made a valid application for leave to remain as a Tier 4 (General) Student on the doctorate extension scheme but has not yet received a decision from the Home Office on that application, there will be no limitation on the type of employment that may be taken, except for:
      1. (a) no employment as a Doctor or Dentist in Training other than under the conditions of (v) below;
      2. (b) no employment as a professional sportsperson (including a sports coach).
    2. (iv) no study except:
      1. (1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant’s sponsor, unless:
        1. (a) the migrant is studying at an institution which is a partner institution of the migrant’s sponsor; or
        2. (b) until such time as a decision is received from the Home Office on an application which is supported by a Confirmation of Acceptance for Studies assigned by a sponsor with Tier 4 Sponsor status and which is made while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, the migrant is studying at the sponsor with Tier 4 Sponsor status that the Confirmation of Acceptance for Studies Checking Service records as having assigned such Confirmation of Acceptance for Studies to the migrant; or
        3. (c) the study is supplementary study, and
      2. (2) study on the course, or courses where a pre-sessional is included, for which the Confirmation of Acceptance for Studies was assigned, unless the student:
        1. (a) has yet to complete the course for which the Confirmation of Acceptance for Studies was assigned; and
        2. (b) begins studying a new course at their sponsor institution, instead of the course for which the Confirmation of Acceptance for Studies was assigned, and:
          1. 1. the course is taught by a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council which is also the sponsor,
          2. 2. the course is at degree level or above,
          3. 3. the new course is not at a lower level than the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student,
          4. 4. the sponsor has Tier 4 Sponsor status,
          5. 5. the applicant will be able to complete the new course within their extant period of leave, and
          6. 6. if the applicant has previously been granted leave as a Tier 4 (General) Student or as a Student, the sponsor confirms that:
            1. a. the course is related to the previous course for which the applicant was granted leave as a Tier 4 (General) Student or as a Student, meaning that it is either connected to the previous course, part of the same subject group, or involves deeper specialisation, or
            2. b. the previous course and the new course in combination support the applicant’s genuine career aspirations,
        3. and
      3. (3) subject to (1) and (2), study on a course (or period of research) to which paragraph 245ZX(ea) applies only if the migrant holds a valid Academic Technology Approval Scheme certificate issued prior to the commencement of the course (or period of research) that specifically relates to the course or (area of research) and to the institution at which the migrant undertakes such course (or period of research). Where:
        1. (a) the migrant’s course (or research) completion date reported on the Confirmation of Acceptance for Studies is postponed or delayed for a period of more than three calendar months, or if there are any changes to the course contents (or the research proposal), the migrant must apply for a new Academic Technology Approval Scheme certificate within 28 calendar days.
        2. (b) the migrant begins studying a new course (or period of research) as permitted in (2) above and the new course (or period of research) is of a type specified in paragraph 245ZX(ea), the migrant must obtain an Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office relating to the new course (or area of research) prior to commencing it.
    3. (v) no employment as a Doctor or Dentist in Training unless:
      1. (1) the course that the migrant is being sponsored to do (as recorded by the Confirmation of Acceptance for Studies Checking Service) is a recognised Foundation Programme, or
      2. (2) the migrant has made an application as a Tier 4 (General) Student which is supported by a Confirmation of Acceptance for Studies assigned by a sponsor with Tier 4 Sponsor status to sponsor the applicant to do a recognised Foundation Programme, and this study satisfies the requirements of (iv)(2) above, or
      3. (3) the migrant has made an application as a Tier 2 (General) Migrant which is supported by a Certificate of Sponsorship assigned by a licensed Tier 2 Sponsor to sponsor the applicant to work as a Doctor or Dentist in Training, and this employment satisfies the conditions of (iii)(7) above.
    4. (vi) no study at Academies or schools maintained by a local authority, except where the migrant has been granted leave to remain to study at an institution which holds a sponsor licence under Tier 4 of the Points Based System which becomes an Academy or a school maintained by a local authority during the migrant’s period of study, in which case the migrant may complete the course for which the Confirmation of Acceptance for Studies was assigned, but may not commence a new course at that institution.

Tier 4 (Child) Student

245ZZ. Purpose of route

This route is for children at least 4 years old and under the age of 18 who wish to be educated in the UK at an Independent School. Academies and schools maintained by a local authority are not permitted to sponsor students under this route.

245ZZA. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 4 (Child) Student must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must have a minimum of 30 points under paragraphs 121 to 126 of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 15 to 22 of Appendix C.
  4. (d) The applicant must be at least 4 years old and under the age of 18.
  5. (e) The applicant must have no children under the age of 18 who are either living with the applicant or for whom the applicant is financially responsible.
  6. (f) If a foster carer or a relative (not a parent or guardian) of the applicant will be responsible for the care of the applicant:
    1. (i) the arrangements for the care of the applicant by the foster carer or relative must meet the requirements in paragraph 245ZZE and the applicant must provide the specified documents in paragraph 245ZZE to show that this requirement has been met, and
    2. (ii) the applicant must provide details of the care arrangements as specified in paragraph 245ZZE.
  7. (g) The application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  8. (h) The applicant’s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant’s travel to, and reception and care in, the UK.
    1. (i) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met

245ZZB. Period and conditions of grant

  1. (a) Where the applicant is under the age of 16, entry clearance will be granted for:
    1. (i) a period of no more than 1 month before the course starts or 7 days before the intended date of travel, whichever is later, plus
    2. (ii) a period:
      1. (1) requested by the applicant,
      2. (2) equal to the length of the programme the applicant is following, or
      3. (3) of 6 years
  1. whichever is the shorter, plus
    1. (iii) 4 months.
  2. The intended date of travel is the date recorded by the applicant, either through the relevant online application process or in the specified application form for Tier 4 (Child) Students, as their intended date for travel to the UK.
  3. (b) Where the applicant is aged 16 or over, entry clearance will be granted for:
    1. (i) a period of no more than 1 month before the course starts or 7 days before the intended date of travel, whichever is later, plus
    2. (ii) a period:
      1. (1) requested by the applicant,
      2. (2) equal to the length of the programme the applicant is following, or
      3. (3) of 3 years
  4. whichever is the shorter, plus
    1. (iii) 4 months.
  5. The intended date of travel is the date recorded by the applicant, either through the relevant online application process or in the specified application form for Tier 4 (Child) Students, as their intended date for travel to the UK.
  6. (c) Entry clearance will be granted 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 whilst the migrant is aged under 16,
    4. (iv) no employment whilst the migrant is aged 16 or over except:
      1. (1) employment during term time of no more than 10 hours per week,
      2. (2) employment (of any duration) during vacations,
      3. (3) employment as part of a course-related work placement which forms an assessed part of the applicant’s course and provided that any period that the applicant spend on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course
      4. (4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant’s sponsor or they must be elected to a national National Union of Students (NUS) position,
  1. provided that the migrant is not self employed or engaged in business activity, or employed as a Doctor in Training, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant’s employment would not fill a permanent full time vacancy other than a vacancy as a sabbatical officer.
    1. (v) no study except:
      1. (1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant’s sponsor, unless:
        1. (a) the migrant is studying at an institution which is a partner institution of the migrant’s sponsor; or
        2. (b) until such time as a decision is received from the Home Office on an application which is supported by a Confirmation of Acceptance for Studies assigned by a sponsor with Tier 4 Sponsor status and which is made while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, the migrant is studying at the sponsor with Tier 4 Sponsor status that the Confirmation of Acceptance for Studies Checking Service records as having assigned such Confirmation of Acceptance for Studies to the migrant; or
        3. (c) the study is supplementary study,
        4. and
      2. (2) study on the course, or courses where a pre-sessional is included, for which the Confirmation of Acceptance for Studies was assigned, unless the student:
        1. (a) has yet to complete the course for which the Confirmation of Acceptance for Studies was assigned; and
        2. (b) begins studying a new course at the sponsor institution, instead of the course for which the Confirmation of Acceptance for Studies was assigned, and the new course is at a higher or the same level as the course for which the Confirmation of Acceptance for Studies was assigned and is not a foundation course intended to prepare the student for entry to a higher education institution.
    2. (vi) no study at Academies or schools maintained by a local authority, except where the migrant has been granted entry clearance to study at an institution which holds a sponsor licence under Tier 4 of the Points Based System which becomes an Academy or a school maintained by a local authority during the migrant’s period of study, in which case the migrant may complete the course for which the Confirmation of Acceptance for Studies was assigned, but may not commence a new course at that institution.

245ZZC. Requirements for leave to remain

To qualify for leave to remain as a Tier 4 (Child) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, leave to remain will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.
  2. (b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:
    1. (i) as a Tier 4 Migrant, or
    2. (ii) as a Student
  3. (c) The applicant must have a minimum of 30 points under paragraphs 121 to 126 of Appendix A.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 15 to 22 of Appendix C.
  5. (e) The applicant must be under the age of 18.
  6. (f) The applicant must have no children under the age of 18 who are either living with the applicant or for whom the applicant is financially responsible.
  1. (g) If a foster carer or a relative (not a parent or guardian) of the applicant will be responsible for the care of the applicant:
    1. (i) the arrangements for the care of the applicant by the foster carer or relative must meet the requirements in paragraph 245ZZE and the applicant must provide the specified documents in paragraph 245ZZE to show that this requirement has been met, and
    2. (ii) the applicant must provide details of the care arrangements as specified in paragraph 245ZZE.
  2. (h) The application must be supported by the applicant’s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.
  3. (i) The applicant’s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  4. (j) The applicant must be applying for leave to remain for the purpose of studies which commence within 28 days of the expiry of the applicant’s current leave to enter or remain or, where the applicant has overstayed, within 28 days of when that period of overstaying began.
  5. (k) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents as specified in paragraph 245A above, to show that this requirement has been met.
  6. (l) The applicant 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.

245ZZD. Period and conditions of grant

  1. (a) Where the applicant is under the age of 16, leave to remain will be granted for:
    1. (i) a period of no more than 1 month before the course starts, plus
    2. (ii) a period:
      1. (1) requested by the applicant,
      2. (2) equal to the length of the programme the applicant is following, or
      3. (3) of 6 years
  1. whichever is the shorter, plus
    1. (iii) 4 months.
  2. (b) Where the applicant is aged 16 or over, leave to remain will be granted for:
    1. (i) a period of no more than 1 month before the course starts, plus
    2. (ii) a period:
      1. (1) requested by the applicant,
      2. (2) equal to the length of the programme the applicant is following, or
      3. (3) of 3 years
  1. whichever is the shorter, plus
    1. (iii) 4 months.
  2. (c) Leave to remain will be granted 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 whilst the migrant is aged under 16,
    4. (iv) no employment whilst the migrant is aged 16 or over except:
      1. (1) employment during term time of no more than 10 hours per week,
      2. (2) employment (of any duration) during vacations,
      3. (3) employment as part of a course-related work placement which forms an assessed part of the applicant’s course, and provided that any period that the applicant spend on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course,
    5. (4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant’s sponsor, or they must be elected to a National Union of Students (NUS) position
  1. provided that the migrant is not self-employed or engaged in business activity, or employed as a Doctor in Training, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant’s employment would not fill a permanent full time vacancy other than a vacancy as a sabbatical officer.
    1. (v) no study except:
      1. (1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant’s sponsor, unless:
        1. (a) the migrant is studying at an institution which is a partner institution of the migrant’s sponsor; or
        2. (b) until such time as a decision is received from the Home Office on an application which is supported by a Confirmation of Acceptance for Studies assigned by a sponsor with Tier 4 Sponsor status and which is made while the applicant has extant leave, and any appeal or administrative review against that decision has been determined, the migrant is studying at the sponsor with Tier 4 Sponsor status that the Confirmation of Acceptance for Studies Checking Service records as having assigned such Confirmation of Acceptance for Studies to the migrant; or
        3. (c) the study is supplementary study, and
      2. (2) study on the course, or courses where a pre-sessional is included, for which the Confirmation of Acceptance for Studies was assigned, unless the student:
        1. (a) has yet to complete the course for which the Confirmation of Acceptance for Studies was assigned; and
        2. (b) begins studying a new course at the sponsor institution, instead of the course for which the Confirmation of Acceptance for Studies was assigned, and the new course is at a higher or the same level as the course for which the Confirmation of Acceptance for Studies was assigned and is not a foundation course intended to prepare the student for entry to a higher education institution.
    2. (vi) no study at Academies or schools maintained by a local authority, except where the migrant has been granted leave to remain to study at an institution which holds a sponsor licence under Tier 4 of the Points Based System which becomes an Academy or a school maintained by a local authority during the migrant’s period of study, in which case the migrant may complete the course for which the Confirmation of Acceptance for Studies was assigned, but may not commence a new course at that institution.

245ZZE Specified documents, details and requirements of care arrangements

  1. The specified documents, details and requirements of care arrangements referred to in paragraph 245ZZA(f) and paragraph 245ZZC(g) are:
    1. (i) The applicant must provide a written letter of undertaking from the intended carer confirming the care arrangement, which shows:
      1. (1) the name, current address and contact details of the intended carer,
      2. (2) the address where the carer and the Tier 4 (Child) student will be living in the UK if different from the intended carer’s current address,
      3. (3) confirmation that the accommodation offered to the Tier 4 (Child) student is a private address, and not operated as a commercial enterprise, such as a hotel or a youth hostel,
      4. (4) the nature of the relationship between the Tier 4 (Child) student’s parent(s) or legal guardian and the intended carer,
      5. (5) that the intended carer agrees to the care arrangements for the Tier 4 (Child) student,
      6. (6) that the intended carer has at least £570 per month (up to a maximum of nine months) available to look after and accommodate the Tier 4 (Child) student for the length of the course,
      7. (7) a list of any other people that the intended carer has offered support to, and
      8. (8) the signature and date of the undertaking.
    2. (ii) The applicant must provide a letter from his parent(s) or legal guardian confirming the care arrangement, which shows:
      1. (1) the nature of their relationship with the intended carer,
      2. (2) the address in the UK where the Tier 4 (Child) student and the Tier 4 (Child) student’s intended carer will be living,
      3. (3) that the parent(s) or legal guardian support the application, and authorise the intended carer to take responsibility for the care of the Tier 4 (Child) student during his stay in the UK,
      4. (4) the intended carer’s current passport, travel document or certificate of naturalisation, confirming that they are settled in the UK. The Home Office will accept a notarised copy of the original passport or travel document, but reserves the right to request the original.
    3. (iii) If the applicant will be staying in a private foster care arrangement, he must receive permission from the private foster carer’s UK local authority, as set out in the Children (Private Arrangements for Fostering) Regulations 2005.
    4. (iv) If the applicant will be staying in a private foster care arrangement and is under 16 years old, he must provide:
      1. (1) a copy of the letter of notification from his parent(s), legal guardian or intended carer to the UK local authority, which confirms that the applicant will be in the care of a private foster carer while in the UK, and
      2. (2) the UK local authority’s confirmation of receipt, which confirms that the local authority has received notification of the foster care arrangement.