Immigration Rules part 7: other categories

Other Categories (paragraphs A246 to 276BVI).

Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

A246. Paragraphs 246 to 248F apply only to a person who has made an application before 9 July 2012 for leave to enter or remain or indefinite leave to remain as a person exercising rights of access to a child resident in the UK, or who before 9 July 2012 has been granted leave to enter or remain as a person exercising rights of access to a child resident in the UK.

AB246. Where an application for leave to enter or remain is made on or after 9 July 2012 as a person exercising rights of access to a child resident in the UK Appendix FM will apply.

246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
1. (i) the applicant is the parent of a child who is resident in the United Kingdom; and
2. (ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
3. (iii) the applicant produces evidence that he has access rights to the child in the form of:
  1. (a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
  2. (b) a certificate issued by a district judge confirming the applicant’s intention to maintain contact with the child; and
4. (iv) the applicant intends to take an active role in the child’s upbringing; and
5. (v) the child is under the age of 18; and
6. (vi) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
7. (vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
8. (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.

Leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

247. Leave to enter as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided that on arrival a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity.

Refusal of leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248. Leave to enter as a person exercising rights of access to a child resident in the United Kingdom is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.

Requirements for leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248A. The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
1. (i) the applicant is the parent of a child who is resident in the United Kingdom; and
2. (ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
3. (iii) the applicant produces evidence that he has access rights to the child in the form of:
  1. (a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
  2. (b) a certificate issued by a district judge confirming the applicant’s intention to maintain contact with the child; or
  3. (c) a statement from the child’s other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child; and
4. (iv) the applicant takes and intends to continue to take an active role in the child’s upbringing; and
5. (v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
6. (vi) the child is under the age of 18; and
7. (vii) the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child; and
8. (viii) the applicant has not remained in breach of the immigration laws; and
9. (ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
10. (x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds.

Leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248B. Leave to remain as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 248A is met.

Refusal of leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248C. Leave to remain as a person exercising rights of access to a child resident in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248A is met.

Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248D. The requirements for indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom are that:
1. (i) the applicant was admitted to the United Kingdom or granted leave to remain in the United Kingdom for a period of 12 months as a person exercising rights of access to a child and has completed a period of 12 months as a person exercising rights of access to a child; and
2. (ii) the applicant takes and intends to continue to take an active role in the child’s upbringing; and
3. (iii) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
4. (iv) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
5. (v) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
6. (vi) the child is under 18 years of age; and
7. (vii) 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; and
8. (viii) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain as a person exercising rights of access to a child resident in the United Kingdom

248E. Indefinite leave to remain as a person exercising rights of access to a child may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 248D is met.

Refusal of indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom

248F. Indefinite leave to remain as a person exercising rights of access to a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248D is met.

Holders of special vouchers

Requirements for indefinite leave to enter as the holder of a special voucher

249. DELETED

Indefinite leave to enter as the holder of a special voucher

250. DELETED

Refusal of indefinite leave to enter as the holder of a special voucher

251. DELETED

Requirements for indefinite leave to enter as the spouse or child of a special voucher holder

252. DELETED

Indefinite leave to enter as the spouse or child of a special voucher holder

253. DELETED

Refusal of indefinite leave to enter as the spouse or child of a special voucher holder

254. DELETED

EEA Nationals and their families

Settlement

255. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.

255A. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.

255B. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.

256. DELETED

257. DELETED

257A. DELETED. But this is subject to the transitional provision in paragraph 8 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 257A.

257B. DELETED. But this is subject to the transitional provision in paragraph 8 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 257B.

257C. DELETED.

257D. DELETED.

257E. DELETED.

The EEA family permit

258. DELETED

Requirements for the issue of an EEA family permit

259. DELETED

Issue of an EEA family permit

260. DELETED

Refusal of an application for an EEA family permit

261. DELETED

Registration with the police for family members of EEA nationals

262. DELETED

Retired persons of independent means

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

263. DELETED

Leave to enter as a retired person of independent means

264. DELETED

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

265. DELETED

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

266. DELETED

Extension of stay as a retired person of independent means

266A. DELETED

266C. DELETED

266D.DELETED

266E. DELETED

267. DELETED

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

268. DELETED

Indefinite leave to remain for a retired person of independent means

269. DELETED

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

270. DELETED

Partners of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means

Requirements for leave to enter or remain as the partners of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means

271. DELETED

Leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means

272. DELETED

Refusal of leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means

273. DELETED

Requirements for extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means

273A. DELETED

Extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means

273B. DELETED

Refusal of extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means

273C. DELETED

Requirements for indefinite leave to remain for the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means

273D. DELETED

Indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means

273E. DELETED

Refusal of indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means

273F. DELETED

Children of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means

Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means

274. DELETED

Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means

275. DELETED

275A. DELETED

Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means

276. DELETED

Long residence

Long residence in the United Kingdom

276A. DELETED

276A0. DELETED

276A00. DELETED

276A01 (1). DELETED

(2). DELETED

276A02. DELETED

276A03. DELETED

276A04. DELETED

Requirements for an extension of stay on the ground of long residence in the United Kingdom

276A1.DELETED

Extension of stay on the ground of long residence in the United Kingdom

276A2. DELETED

Conditions to be attached to extension of stay on the ground of long residence in the United Kingdom

276A3. DELETED

Refusal of extension of stay on the ground of long residence in the United Kingdom

276A4. DELETED

Requirements for indefinite leave to remain on the ground of long residence in the United Kingdom

276B. DELETED

Indefinite leave to remain on the ground of long residence in the United Kingdom

276C. DELETED

Refusal of indefinite leave to remain on the ground of long residence in the United Kingdom

276D. DELETED

Private life

276ADE (1). DELETED
276ADE(2). DELETED
276BE(1). DELETED
276BE(2). DELETED
276BE(3). DELETED
276CE. DELETED
276DE. DELETED
276DF. DELETED
276DG.DELETED
276DH. DELETED

HM Forces

Transitional provisions and interaction between paragraphs 276E to 276AI of Part 7 and Appendix Armed Forces

276DI. From 1 December 2013, Appendix Armed Forces will apply to all applications to which paragraphs 276E to 276AI of this Part applied on or before 30 November 2013, except where the provisions of 276E to 276AI are preserved and continue to apply in accordance with paragraph 276DL.

276DJ. The requirements to be met under paragraphs 276E to 276AI from 1 December 2013 may be modified or supplemented by the requirements in Appendix Armed Forces or Appendix FM-SE.

276DK. The requirements in paragraphs 8 and 9 of Appendix Armed Forces apply to applications made under paragraphs 276E to 276AI where the decision is made on or after 1 December 2013 (and irrespective of the date of the application).

276DL. Paragraphs 276E-276AI also continue to apply to applications:
1. (i) made before 1 December 2013 under paragraphs 276E to 276AI but which have not been decided before that date; and
2. (ii) by persons who have been granted entry clearance or limited leave to enter or remain under paragraphs 276E to 276AI before 1 December 2013 or in accordance with sub-paragraph (i) above and, where it is a requirement of Part 7, that leave to enter or remain is extant.

Definition of Gurkha

276E. For the purposes of these Rules the term “Gurkha” means a citizen or national of Nepal who has served in the Brigade of Gurkhas of the British Army under the Brigade of Gurkhas’ terms and conditions of service.

Leave to enter or remain in the United Kingdom as a Gurkha discharged from the British Army

Requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army

276F. The requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army are that:
1. (i) the applicant has completed at least four years’ service as a Gurkha with the British Army; and
2. (ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
3. (iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made; and
4. (iv) holds a valid United Kingdom entry clearance for entry in this capacity; and
5. (v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army

276G. A person seeking indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army may be granted indefinite leave to enter provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity.

Refusal of indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army

276H. Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.

Requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army

276I. The requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army are that the applicant:
1. (i) has completed at least four years’ service as a Gurkha with the British Army; and
2. (ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
3. (iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made unless they are applying following a grant of limited leave to remain under paragraph 276KA; and
4. (iv) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
5. (v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army

276J. A person seeking indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army may be granted indefinite leave to remain provided the Secretary of State is satisfied that each of the requirements of paragraph 276I is met.

Refusal of indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army

276K. Indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276I is met.

Leave to remain in the United Kingdom as a Gurkha discharged from the British Army

276KA. If a Gurkha discharged from the British Army does not meet the requirements for indefinite leave to remain only because paragraph 322(1C)(iii) or 322(1C)(iv) applies, the applicant may be granted limited leave to remain for a period not exceeding 30 months.

Leave to enter or remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

Requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276L. The requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that the applicant:
1. (i) has completed at least four years’ service with HM Forces; and
2. (ii) was discharged from HM Forces on completion of engagement; and
3. (iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
4. (iv) holds a valid United Kingdom entry clearance for entry in this capacity; and
5. (v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276M. A person seeking indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces may be granted indefinite leave to enter provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity.

Refusal of indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276N. Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.

Requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276O. The requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that the applicant:
1. (i) has completed at least four years’ service with HM Forces; and
2. (ii) was discharged from HM Forces on completion of engagement; and
3. (iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made unless they are applying following a grant of limited leavebto remain under paragraph 276QA; and
4. (iv) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
5. (v) does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276P. A person seeking indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces may be granted indefinite leave to remain provided the Secretary of State is satisfied that each of the requirements of paragraph 276O is met.

Refusal of indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276Q. Indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276O is met.

Leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces

276QA. If a foreign or Commonwealth citizen discharged from HM Forces does not meet the requirements for indefinite leave to remain only because paragraph 322(1C)(iii) or 322(1C)(iv) applies, the applicant may be granted limited leave to remain for a period not exceeding 30 months.

Spouses, civil partners, unmarried or same-sex partners of persons settled or seeking settlement in the United Kingdom in accordance with paragraphs 276E to 276Q (HM Forces rules) or of members of HM Forces who are exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and have at least 5 years’ continuous service

Leave to enter or remain in the UK as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service.

Requirements for indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276R. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service are that:
1. (i) the applicant is married to, or the civil partner, unmarried or same-sex partner of, a person present and settled in the United Kingdom or who is being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service; and
2. (ii) the parties to the marriage, or civil partnership or relationship akin to marriage or civil partnership have met; and
3. (iii) the parties were married or formed a civil partnership or a relationship akin to marriage or civil partnership at least 2 years ago; and
4. (iv) each of the parties intends to live permanently with the other as his or her spouse, civil partner, unmarried or same-sex partner; and
5. (v) the marriage, civil partnership or relationship akin to marriage or civil partnership is subsisting; and
6. (vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and
7. (vii) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276S. A person seeking leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service may be granted indefinite leave to enter provided, on arrival, that a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity.

Refusal of indefinite leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the UK or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276T. Leave to enter the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and he does not have entry clearance for entry in this capacity.

Requirement for indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom under paragraphs 276E to 276Q or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276U. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service are that:
1. (i) the applicant is married to or the civil partner or unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service; and
2. (ii) the parties to the marriage, civil partnership or relationship akin to marriage or civil partnership have met; and
3. (iii) the parties were married or formed a civil partnership or relationship akin to marriage or civil partnership at least 2 years ago; and
4. (iv) each of the parties intends to live permanently with the other as his or her spouse, civil partner, unmarried or same-sex partner; and
5. (v) the marriage, civil partnership or relationship akin to marriage or civil partnership is subsisting; and
6. (vi) has, or has last been granted, leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner; and
7. (vii) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276V. Indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 276U is met.

Refusal of indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276W. Indefinite leave to remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276U is met.

Children of a parent, parents or a relative settled or seeking settlement in the United Kingdom under paragraphs 276E to 276Q (HM Forces rules) or of members of HM Forces who are exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and have at least 5 years’ continuous service

Leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service.

276X. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service are that:
1. (i) the applicant is seeking indefinite leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
  1. (a) both parents are present and settled in the United Kingdom; or
  2. (b) both parents are being admitted on the same occasion for settlement; or
  3. (c) one parent is present and settled in the United Kingdom or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and the other is being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service; or
  4. (d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and the other parent is dead; or
  5. (e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and has had sole responsibility for the child’s upbringing; or
  6. (f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
2. (ii) is under the age of 18; and
3. (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
4. (iv) holds a valid United Kingdom entry clearance for entry in this capacity; and
5. (v) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276Y. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service may be granted provided that, on arrival, a valid passport or other identity document is produced to the Immigration Officer and the applicant has entry clearance for entry in this capacity.

Refusal of indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276Z. Indefinite leave to enter the United Kingdom as the child of a parent, parents, or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service is to be refused if on arrival, a valid passport or other identity document is not produced to the Immigration Officer and the applicant does not have entry clearance for entry in this capacity.

Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276AA. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service are that:
1. (i) the applicant is seeking indefinite leave to remain with a parent, parents or a relative in one of the following circumstances:
  1. (a) both parents are present and settled in the United Kingdom or being granted settlement on the same occasion; or (ab) one parent is present and settled in the United Kingdom or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and the other is being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service; or
  2. (b) one parent is present and settled in the United Kingdom or being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and the other parent is dead; or
  3. (c) one parent is present and settled in the United Kingdom or being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and has had sole responsibility for the child’s upbringing; or
  4. (d) one parent or a relative is present and settled in the United Kingdom or being granted settlement on the same occasion or is a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care; and
2. (ii) is under the age of 18; and
3. (iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
4. (iv) is not in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
5. (v) the applicant does not fall for refusal under the general grounds for refusal.

Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276AB. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service may be granted if the Secretary of State is satisfied that each of the requirements of paragraph 276AA is met.

Refusal of indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service

276AC. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q or of a member of HM Forces who is exempt from immigration control under section 8(4)(a) of the Immigration Act 1971 and has at least 5 years’ continuous service is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276AA is met.

Spouses, civil partners, unmarried or same-sex partners of armed forces members who are exempt from immigration control under section 8(4) of the Immigration Act 1971

Requirements for leave to enter or remain as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971

276AD. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 are that:
1. (i) the applicant is married to or the civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971; and
2. (ii) each of the parties intends to live with the other as his or her spouse or civil partner, unmarried or same-sex partner during the applicant’s stay and the marriage, civil partnership, or relationship akin to a marriage or civil partnership is subsisting; and
3. (iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
4. (iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds;
5. (v) the applicant does not intend to stay in the United Kingdom beyond his or her spouse’s, civil partner’s, unmarried or same-sex partner’s enlistment in the home forces, or period of posting or training in the United Kingdom; and
6. (vi) where the applicant is the unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971, the following requirements are also met:
  1. (a) any previous marriage or civil partnership or relationship akin to a marriage by the applicant or the exempt armed forces member must have permanently broken down,
  2. (b) the applicant and the exempt armed forces member must not be so closely related that they would be prohibited from marrying each other in the UK, and
  3. (c) the applicant and the exempt armed forces member must have been living together in a relationship akin to marriage or civil partnership for a period of at least 2 years.

Leave to enter or remain as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971

276AE. A person seeking leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in the United Kingdom for a period not exceeding 4 years or the expected duration of the enlistment, posting or training of his or her spouse, civil partner, unmarried or same-sex partner, whichever is shorter, provided that the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is satisfied that each of the requirements of paragraph 276AD (i)-(vi) is met.

Refusal of leave to enter or remain as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971

276AF. Leave to enter or remain in the United Kingdom as the spouse, civil partner, unmarried or same-sex partner of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 276AD (i)-(vi) is met.

Children of armed forces members who are exempt from immigration control under section 8(4) of the Immigration Act 1971

Requirements for leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971

276AG. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 are that:
1. (i) he is the child of a parent who is an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971; and
2. (ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
3. (iii) he is unmarried and is not a civil partner , has not formed an independent family unit and is not leading an independent life; and
4. (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
5. (v) he will not stay in the United Kingdom beyond the period of his parent’s enlistment in the home forces, or posting or training in the United Kingdom; and
6. (vi) his other parent is being or has been admitted to or allowed to remain in the United Kingdom save where:
  1. (a) the parent he is accompanying or joining is his sole surviving parent; or
  2. (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
  3. (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care.

Leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971

276AH. A person seeking leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in the United Kingdom for a period not exceeding 4 years or the duration of the enlistment, posting or training of his parent, whichever is the shorter, provided that the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is satisfied that each of the requirements of 276AG (i)-(vi) is met.

Refusal of leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971

276AI. Leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 276AG (i)-(vi) is met.

Entry clearance to come to the United Kingdom as a relevant Afghan citizen

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Parent of a Child Student

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