Immigration Rules

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.

  1. 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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

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

  1. 248. Leave to enter as a person exercising rights of access to a child resident in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 249. DELETED

Indefinite leave to enter as the holder of a special voucher

  1. 250. DELETED

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

  1. 251. DELETED

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

  1. 252. DELETED

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

  1. 253. DELETED

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

  1. 254. DELETED

EEA Nationals and their families

Settlement

  1. 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.
  1. 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.
  1. 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.
  1. 256. DELETED
  1. 257. DELETED
  1. 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.
  1. 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.
  1. 257C. DELETED.
  1. 257D. DELETED.
  1. 257E. DELETED.

The EEA family permit

  1. 258. DELETED

Requirements for the issue of an EEA family permit

259. DELETED

Issue of an EEA family permit

  1. 260. DELETED

Refusal of an application for an EEA family permit

  1. 261. DELETED

Registration with the police for family members of EEA nationals

  1. 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

  1. 266. The requirements for an extension of stay as a retired person of independent means are that the applicant:
    1. (i) entered the United Kingdom with a valid United Kingdom entry clearance as a retired person of independent means; and
    2. (ii) meets the following requirements:
      1. (a) has under his control and disposable in the United Kingdom an income of his own of not less than £25,000 per annum; and
      2. (b) is able and willing to maintain and accommodate himself and any dependants indefinitely in the United Kingdom from his own resources with no assistance from any other person and without taking employment or having recourse to public funds; and
      3. (c) can demonstrate a close connection with the United Kingdom; and
    3. (iii) has made the United Kingdom his main home; and
    4. (iv) must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Extension of stay as a retired person of independent means

  1. 266A. DELETED
  1. 266C. DELETED
  1. 266D.DELETED
  1. 266E. DELETED
  1. 267. An extension of stay as a retired person of independent means, with a prohibition on the taking of employment, may be granted so as to bring the person’s stay in this category up to a maximum of 5 years in aggregate, provided the Secretary of State is satisfied that each of the requirements of paragraph 266 is met.

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

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

Indefinite leave to remain for a retired person of independent means

  1. 269. Indefinite leave to remain may be granted, on application, to a person admitted as a retired person of independent means provided the applicant:
    1. (i) has spent a continuous period of 5 years lawfully in the United Kingdom in this capacity; and
    2. (ii) has met the requirements of paragraph 266 throughout the 5 year period and continues to do so; and
    3. (iii) does not fall for refusal under the general grounds for refusal; and
    4. (iv) must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded; and
    5. (v) in the case of absences for serious or compelling reasons, submits 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 continuous period of 5 years lawfully in the UK means residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
      1. (i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 calendar month periods preceding the date of the application for indefinite leave to remain; and
      2. (ii) the applicant has existing limited leave to enter or remain upon their departure and return, except that:
        1. (1) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 24 November 2016 and subsequently granted, that period and any period pending the applicant’s re-entry into the United Kingdom shall be disregarded; and
        2. (2) where, on or after 24 November 2016, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, the period spent outside the 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.

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

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

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

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

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

  1. 272. A person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain as a retired person of independent means, provided the Immigration Officer is satisfied that each of the requirements of paragraph 271 is met.

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

  1. 273. 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 is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 271 is met.

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

  1. 273A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means are that the applicant:
    1. (i) is the spouse, civil partner, unmarried or same sex partner of a person who:
      1. (1) has limited leave to enter or remain in the United Kingdom as a retired person of independent means; or
      2. (2) has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom as a retired person of independent means immediately before being granted indefinite leave to remain; and
    2. (ii) meets the requirements of paragraph 271(ii) - (vii); and
    3. (iii) was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    4. (iv) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

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

  1. 273B. An extension of stay in the United Kingdom as:
    1. (i) the partner of a person who has limited leave to enter or remain as a retired person of independent means may be granted for a period not in excess of that granted to the person with limited leave to enter or remain; or
    2. (ii) the partner of a person who is being admitted at the same time for settlement or the partner of a person who has indefinite leave to remain or has become a British citizen may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 273A is met.

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

  1. 273C. An extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 273A is met.

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

  1. 273D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means are that the applicant:
    1. (i) is the spouse, civil partner, unmarried or same-sex partner of a person who:
      1. (1) has limited leave to enter or remain in the United Kingdom as a retired person of independent means and who is being granted indefinite leave to remain at the same time; or
      2. (2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom as a retired person of independent means immediately before being granted indefinite leave to remain; and
    2. (ii) meets the requirements of paragraph 271(ii) - (vii); and
    3. (iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
    4. (iv) was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    5. (v) must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

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

  1. 273E. Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 273D is met.

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

  1. 273F. Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 273D is met.

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

  1. 274. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means are that:
    1. (i) he is the child of a parent who has been admitted to or allowed to remain in the United Kingdom as a retired person of independent means or, for applications for leave to remain, of a parent with indefinite leave to remain in the UK and who had limited leave as a retired person of independent means immediately before being granted indefinite leave; and
    2. (ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
    3. (iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
    4. (iv) he can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
    5. (v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
    6. (vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
      1. (a) the parent he is accompanying or joining is his sole surviving parent; or
      2. (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
      3. (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
    7. (vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, he was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release; and
    8. (viii) if seeking leave to remain, must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

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

  1. 275. (a) A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United as a retired person of independent means may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain as a retired person of independent means if:
    1. (i) in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity; or
    2. (ii) in the case of an application for limited leave to remain, he was not last granted:
      1. (1) entry clearance or leave as a visitor, short-term student or short-term student (child),
      2. (2) temporary admission, or
      3. (3) temporary release, and is able to satisfy the Secretary of State that each of the requirements of paragraph 274(i)-(vi) and (viii) is met.
  1. (b) A person seeking limited leave to remain as the child of a parent who has indefinite leave to remain in the UK and who had limited leave as a retired person of independent means immediately before being granted indefinite leave may be given leave to remain in the UK for a period of 30 months provided he is in the UK with valid leave under paragraph 275 and is able to satisfy the Secretary of State that each of the requirements of paragraph 274(i) to (vi) and (viii) are satisfied.
  1. 275A. An application for indefinite leave to remain in this category may be granted provided the applicant meets 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. (i) he is the child of a parent with limited leave to enter or remain in the United Kingdom as a retired person of independent means who is, at the same time, being granted indefinite leave to remain, or he is the child of a parent who has indefinite leave to remain in the United Kingdom and who had limited leave under paragraphs 263-269 immediately before being granted indefinite leave; and
    2. (ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
    3. (iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
    4. (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
    5. (v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
    6. (vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
      1. (a) the parent he is accompanying or joining is his sole surviving parent; or
      2. (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
      3. (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care;
    7. (vii) he 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;
    8. (viii) if aged 18 or over, he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with Appendix KoLL of these Rules;
    9. (ix) indefinite leave to remain is, at the same time, being granted to the person with limited leave as a retired person of independent means unless, at the time when indefinite leave to remain was granted to that person, the applicant was aged 18 or over and unable to satisfy paragraph 275A(viii) and the applicant has continued to be in the United Kingdom with leave to remain as a child of that person.

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

  1. 276. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival, or in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) and (viii) is met. An application for indefinite leave to remain in this category is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 275 is met.

Long residence

Long residence in the United Kingdom

  1. 276A. For the purposes of paragraphs 276B to 276D and 276ADE(1).
    1. (a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
      1. (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
      2. (ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
      3. (iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
      4. (iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
      5. (v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
    2. (b) “lawful residence” means residence which is continuous residence pursuant to:
      1. (i) existing leave to enter or remain; or
      2. (ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or
      3. (iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
    3. (c) ‘lived continuously’ and ‘living continuously’ mean ‘continuous residence’, except that paragraph 276A(a)(iv) shall not apply.

(2). Where leave to enter is granted in accordance with paragraph 276A01(1), paragraph 276BE(1) shall apply to an application for leave to remain on the grounds of private life in the UK as if for “leave to remain under this sub-paragraph” there were substituted “leave to enter in accordance with paragraph 276A01(1)”.

  1. 276A0. For the purposes of paragraph 276ADE(1) the requirement to make a valid application will not apply when the Article 8 claim is raised:
    1. (i) as part of an asylum claim, or as part of a further submission in person after an asylum claim has been refused;
    2. (ii) where a migrant is in immigration detention. A migrant in immigration detention or their representative must submit any application or claim raising Article 8 to a prison officer, a prisoner custody officer, a detainee custody officer or a member of Home Office staff at the migrant’s place of detention; or
    3. (iii) in an appeal (subject to the consent of the Secretary of State where applicable).
  1. 276A00. Where leave to remain is granted under paragraphs 276ADE- 276DH, or where an applicant does not meet the requirements in paragraph 276ADE(1) but the Secretary of State grants leave to remain outside the rules on Article 8 grounds, (and without prejudice to the specific provision that is made in paragraphs 276ADE-276DH in respect of a no recourse to public funds condition), that leave may be subject to such conditions as the Secretary of State considers appropriate in a particular case.
  1. 276A01(1). Where an applicant for leave to enter the UK remains in the UK on temporary admission or temporary release and satisfies the requirements in paragraph 276ADE(1), as if those were requirements for leave to enter not leave to remain (and except that the reference to “leave to remain” in sub-paragraph (ii) is to be read as if it said “leave to enter”), or the Secretary of State decides to grant leave to enter outside the rules on Article 8 grounds:
    1. (a) paragraph 276BE(1) shall apply, as if the first reference in paragraph 276BE(1) to limited leave to remain were to limited leave to enter and as if the wording from “provided that” to “under this sub-paragraph” were omitted; and
    2. (b) paragraph 276BE(2) shall apply, as if the reference in paragraph 276BE(2) to limited leave to remain were to limited leave to enter.
  2. 276A02. In all cases where:
    1. (a) limited leave on the grounds of private life in the UK is granted under paragraph 276BE(1) or 276DG; or
    2. (b) limited leave is granted outside the rules on Article 8 grounds under paragraph 276BE(2), leave will normally be granted subject to a condition of no recourse to public funds, unless the applicant has provided the decision-maker with (i) satisfactory evidence that the applicant is destitute as defined in section 95 of the Immigration and Asylum Act 1999, or (ii) satisfactory evidence that there are particularly compelling reasons relating to the welfare of a child of a parent in receipt of a very low income.
  3. 276A03. Where a person aged 18 or over is granted limited leave to remain under this Part on the basis of long residence or private life in the UK or limited leave to enter in accordance with paragraph 276A01(1) (or limited leave to enter or remain outside the rules on Article 8 grounds), or where a person granted such limited leave to enter or remain will be aged 18 before that period of limited leave expires, the leave will, in addition to any other conditions which may apply, be granted subject to the conditions in Part 15 of these rules.
  4. 276A04. Where a person who has made an application for indefinite leave to remain under this Part does not meet the requirements for indefinite leave to remain but falls to be granted limited leave to remain under this Part on the basis of long residence or private life in the UK, or outside the rules on Article 8 grounds:
    1. (a) The Secretary of State will treat that application for indefinite leave to remain as an application for limited leave to remain;
    2. (b) The Secretary of State will notify the applicant in writing of any requirement to pay an immigration health charge under the Immigration (Health Charge) Order 2015; and
    3. (c) If there is such a requirement and that requirement is not met, the application for limited leave to remain will be invalid and the Secretary of State will not refund any application fee paid in respect of the application for indefinite leave to remain.

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

276A1.The requirement to be met by a person seeking an extension of stay on the ground of long residence in the United Kingdom is that the applicant meets each of the requirements in paragraph 276B(i)-(ii) and (v).

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

  1. 276A2. An extension of stay on the ground of long residence in the United Kingdom may be granted for a period not exceeding 2 years provided that the Secretary of State is satisfied that the requirement in paragraph 276A1 is met (but see paragraph 276A04), and a person granted such an extension of stay following an application made before 9 July 2012 will remain subject to the rules in force on 8 July 2012.

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

  1. 276A3. Where an extension of stay is granted under paragraph 276A2:
    1. (i) if the applicant has spent less than 20 years in the UK , the grant of leave should be subject to the same conditions attached to his last period of lawful leave, or
    2. (ii) if the applicant has spent 20 years or more in the UK, the grant of leave should not contain any restriction on employment.

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

  1. 276A4. An extension of stay on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that the requirement in paragraph 276A1 is met.

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

  1. 276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
    1. (i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom.
    2. (ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
      1. (a) age; and
      2. (b) strength of connections in the United Kingdom; and
      3. (c) personal history, including character, conduct, associations and employment record; and
      4. (d) domestic circumstances; and
      5. (e) compassionate circumstances; and
      6. (f) any representations received on the person’s behalf; and
    3. (iii) the applicant does not fall for refusal under the general grounds for refusal.
    4. (iv) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
    5. (v) 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. Any previous period of overstaying between periods of leave will also be disregarded where –
      1. (a) the previous application was made before 24 November 2016 and within 28 days of the expiry of leave; or
      2. (b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

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

  1. 276C. Indefinite leave to remain on the ground of long residence in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 276B is met.

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

  1. 276D. Indefinite leave to remain on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276B is met.

Private life

Requirements to be met by an applicant for leave to remain on the grounds of private life

  1. 276ADE (1). The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:
    1. (i) does not fall for refusal under any of the grounds in Section S-LTR 1.2 to S-LTR 2.3. and S-LTR.3.1. to S-LTR.4.5. in Appendix FM; and
    2. (ii) has made a valid application for leave to remain on the grounds of private life in the UK; and
    3. (iii) has lived continuously in the UK for at least 20 years (discounting any period of imprisonment); or
    4. (iv) is under the age of 18 years and has lived continuously in the UK for at least 7 years (discounting any period of imprisonment) and it would not be reasonable to expect the applicant to leave the UK; or
    5. (v) is aged 18 years or above and under 25 years and has spent at least half of his life living continuously in the UK (discounting any period of imprisonment); or
    6. (vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.
  1. 276ADE (2). Sub-paragraph (1)(vi) does not apply, and may not be relied upon, in circumstances in which it is proposed to return a person to a third country pursuant to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.

Leave to remain on the grounds of private life in the UK

  1. 276BE(1). Limited leave to remain on the grounds of private life in the UK may be granted for a period not exceeding 30 months provided that the Secretary of State is satisfied that the requirements in paragraph 276ADE(1) are met or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), were met in a previous application which led to a grant of limited leave to remain under this sub-paragraph. Such leave shall be given subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.
  2. 276BE(2). Where an applicant does not meet the requirements in paragraph 276ADE(1) but the Secretary of State grants leave to remain outside the rules on Article 8 grounds, the applicant will normally be granted leave for a period not exceeding 30 months and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.
  3. 276BE(3). Where an applicant has extant leave at the date of application, the remaining period of that extant leave up to a maximum of 28 days will be added to the period of limited leave to remain granted under paragraph 276BE(1) (which may therefore exceed 30 months).

Refusal of limited leave to remain on the grounds of private life in the UK

  1. 276CE. Limited leave to remain on the grounds of private life in the UK is to be refused if the Secretary of State is not satisfied that the requirements in paragraph 276ADE(1) are met.

Requirements for indefinite leave to remain on the grounds of private life in the UK

  1. 276DE. The requirements to be met for the grant of indefinite leave to remain on the grounds of private life in the UK are that:
    1. (a) the applicant has been in the UK with continuous leave on the grounds of private life for a period of at least 120 months. This continuous leave will disregard any current period of overstaying where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave on the grounds of private life will also be disregarded where –
      1. (a) the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or
      2. (b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied;
    2. (b) the applicant meets the requirements of paragraph 276ADE(1) or, in respect of the requirements in paragraph 276ADE(1)(iv) and (v), the applicant met the requirements in a previous application which led to a grant of limited leave to remain under paragraph 276BE(1);
    3. (c) the applicant does not fall for refusal under any of the grounds in Section S-ILR: Suitability-indefinite leave to remain in Appendix FM;
    4. (d) the applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and
    5. (e) there are no reasons why it would be undesirable to grant the applicant indefinite leave to remain based on the applicant’s conduct, character or associations or because the applicant represents a threat to national security.

Indefinite leave to remain on the grounds of private life in the UK

  1. 276DF. Indefinite leave to remain on the grounds of private life in the UK may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 276DE is met.
  1. 276DG. If the applicant does not meet the requirements for indefinite leave to remain on the grounds of private life in the UK only for one or both of the following reasons-
    1. (a) paragraph S-ILR.1.5. or S-ILR.1.6. in Appendix FM applies;
    2. (b) the applicant has not demonstrated sufficient knowledge of the English language or
      about life in the UK in accordance with Appendix KoLL,
  2. subject to compliance with any requirement notified under paragraph 276A04(b), the applicant may be granted further limited leave to remain on the grounds of private life in the UK for a period not exceeding 30 months, and subject to a condition of no recourse to public funds unless the Secretary of State considers that the person should not be subject to such a condition.

Refusal of indefinite leave to remain on the grounds of private life in the UK

  1. 276DH. Indefinite leave to remain on the grounds of private life in the UK is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276DE is met, subject to paragraph 276DG.

HM Forces

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

  1. 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.
  1. 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.
  1. 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).
  1. 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

  1. 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

  1. 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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

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

  1. 276H. Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

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

  1. 276N. Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

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

  1. 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

  1. 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

  1. 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.

  1. 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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.

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

  1. 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 a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.

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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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

  1. 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.

Limited leave to enter for relevant Afghan citizens

Limited leave to enter the United Kingdom as a relevant Afghan citizen

  1. 276BA1. Limited leave to enter the United Kingdom for a period not exceeding 5 years will be granted to relevant Afghan citizens, unless the application falls for refusal under paragraph 276BC1.

Definition of a “relevant Afghan citizen”

  1. 276BB1. A relevant Afghan citizen is a person who:
    1. (i) is in Afghanistan;
    2. (ii) is an Afghan citizen;
    3. (iii) is aged 18 years or over;
    4. (iv) was employed in Afghanistan directly by the Ministry of Defence, the Foreign and Commonwealth Office or the Department for International Development;
    5. (v) was made redundant on or after 19 December 2012; and
    6. (vi) the Ministry of Defence, the Foreign and Commonwealth Office, or the Department for International Development has determined should qualify for the resettlement redundancy package as described in the written Ministerial statement of the Secretary of State for Defence dated 4th June 2013.

Refusal of limited leave to enter the United Kingdom as a relevant Afghan citizen

  1. 276BC1. An applicant will be refused leave to enter as a relevant Afghan citizen if:
    1. (i) their application falls for refusal under the general grounds of refusal contained in Part 9 of these Rules;
    2. (ii) there are serious reasons for considering that the applicant has committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes;
    3. (iii) there are serious reasons for considering that the applicant is guilty of acts contrary to the purposes and principles of the United Nations or has committed, prepared or instigated such acts or encouraged or induced others to commit, prepare or instigate such acts; or
    4. (iv) there are serious reasons for considering that the applicant constitutes a danger to the community or to the security of the United Kingdom.

Curtailment of leave to enter the United Kingdom as a relevant Afghan citizen

  1. 276BD1. Limited leave to enter the United Kingdom as a relevant Afghan citizen under paragraph 276BA1 may be curtailed where the person is a danger to the security or public order of the United Kingdom or leave may be curtailed where:
    1. (i) the relevant Afghan citizen has made false representations or failed to disclose any material fact for the purpose of obtaining leave to enter; and/or
    2. (ii) it is undesirable to permit the relevant Afghan citizen to remain in the United Kingdom in the light of his conduct, character or associations or the fact that he represents a threat to national security.

Dependants of a relevant Afghan citizen

  1. 276BE1. A relevant Afghan citizen may include a partner or minor dependant child in his or her application for limited leave to enter as his or her dependants.
  2. 276BF1. All dependants included in the application for limited leave to enter the United Kingdom must be:
    1. (i) Afghan citizens; and
    2. (ii) in Afghanistan.
  3. 276BG1. The application must include the details of all dependents seeking relocation at the time the application is made. Additional dependants cannot normally be added after the application has been made.
  4. 276BH1. If the application is successful, the relevant Afghan citizen and his eligible dependents must all travel at the same time.
  5. 276BI1. If the relevant Afghan citizen is in a polygamous marriage, his or her application for limited leave may only include one partner.

Limited leave to enter the United Kingdom as the partner of a relevant Afghan citizen

  1. 276BJ1. Limited leave to enter the United Kingdom for a period not exceeding 5 years will be granted to the partner of a relevant Afghan citizen where;
    1. (i) the relationship requirements under paragraph 276BL1 are met; and
    2. (ii) the application does not fall for refusal under paragraph 276BM1.

Definition of “partner” of a relevant Afghan citizen

  1. 276BK1.For the purposes of this section a partner of a relevant Afghan citizen (the principal applicant) is a person who:
    1. (i) is the principal applicant’s spouse; or
    2. (ii) is the principal applicant’s civil partner; or
    3. (iii) has been living together with the principal applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.

Relationship requirements for a partner of a relevant Afghan citizen

  1. 276BL1. The relationship requirements for a partner of a relevant Afghan citizen (the principal applicant) are that:
    1. (i) they are aged 18 or over at the date of application;
    2. (ii) they are in a relationship with the principal applicant that is not within the prohibited degree of relationship;
    3. (iii) they have met the principal applicant in person;
    4. (iv) they are in a genuine and subsisting relationship with the principal applicant;
    5. (v) if the principal applicant and partner are married or in a civil partnership, they must be in a valid marriage or civil partnership and must provide reasonable evidence to the equivalent of a marriage certificate or civil partnership certificate issued in the United Kingdom and valid under the law in force in the relevant country;
    6. (vi) any previous relationship of the principal applicant or their partner must have broken down permanently, unless it is a relationship which falls with paragraph 278(i) of these Rules; and
    7. (vii) they must intend to live together permanently in the UK with the principal applicant.

Refusal of limited leave to enter the United Kingdom as the partner of a relevant Afghan citizen

  1. 276BM1. A partner of a relevant Afghan citizen (the principal applicant) will be refused limited leave to enter the United Kingdom if:
    1. (i) their application falls for refusal under the general grounds of refusal contained in Part 9 of these Rules;
    2. (ii) there are serious reasons for considering that the partner of the principal applicant has committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes;
    3. (iii) there are serious reasons for considering that the partner of the principal applicant is guilty of acts contrary to the purposes and principles of the United Nations or has committed, prepared or instigated such acts or encouraged or induced others to commit, prepare or instigate such acts; or
    4. (iv) there are serious reasons for considering that the partner of the principal applicant constitutes a danger to the community or to the security of the United Kingdom.

Curtailment of limited leave to enter the United Kingdom as the partner of a relevant Afghan citizen

  1. 276BN1. Limited leave to enter the United Kingdom as the partner of a relevant Afghan citizen and who has been granted leave in accordance with paragraph 276BJ1 may be curtailed where the person is a danger to the security or public order of the United Kingdom or leave may be curtailed where:
    1. (i) the partner of a relevant Afghan citizen has made false representations or failed to disclose any material fact for the purpose of obtaining leave to enter; and/or
    2. (ii) it is undesirable to permit the partner of a relevant Afghan citizen to remain in the United Kingdom in the light of his conduct, character or associations or the fact that he represents a threat to national security.

Limited leave to enter the United Kingdom as the minor dependant child of a relevant Afghan citizen or their partner

  1. 276BO1. Limited leave to enter the United Kingdom for a period not exceeding 5 years will be granted to the minor dependant child of a relevant Afghan citizen or their partner where;
    1. (i) the relationship requirements under paragraph 276BQ1 are met; and
    2. (ii) the application does not fall for refusal under paragraph 276BR1.

Definition of “minor dependant child” of a relevant Afghan citizen or their partner

  1. 276BP1. For the purposes of paragraphs 276BO1, 276BQ1, 276BR1 and 276BS1 a minor dependant child of a relevant Afghan citizen (the principal applicant) or their partner is a person who:
    1. (i) is the child of the principal applicant or the partner of the principal applicant who is also seeking leave to enter the United Kingdom on the same application; and who
    2. (ii) was under the age of 18 at 19 December 2012;
    3. (iii) is not married or in a civil partnership;
    4. (iv) has not formed an independent family unit; and
    5. (v) must not be leading an independent life.

Relationship requirements for a minor dependant child of a relevant Afghan citizen or their partner

  1. 276BQ1. The relationship requirements for a minor dependant child of a relevant Afghan citizen (the principal applicant) or their partner are that the person:
    1. (i) is the child of the principal applicant and the child’s other parent is the principal applicant’s partner; or
    2. (ii) is the child of the principal applicant; and
      1. (a) the child’s other parent is dead; or
      2. (b) the principal applicant has sole responsibility for the child’s upbringing; or
    3. (iii) is the child of the principal applicant’s partner; and
      1. (a) the child’s other parent is dead; or
      2. (b) the principle applicant’s partner has sole responsibility for the child’s upbringing; or
    4. (iv) is the adopted child of the principal applicant as defined at paragraphs 309A or 309B of these Rules and where the requirements at paragraph 310 (vi) - (xi) of these Rules are fulfilled; or
    5. (v) is the adopted child of the principal applicant’s partner who is also seeking leave to enter the UK on the same application and as defined at paragraphs 309A or 309B of these Rules and where the requirements at paragraph 310 (vi) - (xi) of these Rules are fulfilled.

Refusal of limited leave to enter the United Kingdom as the minor dependant child of a relevant Afghan citizen or their partner

  1. 276BR1. A minor dependant child of a relevant Afghan citizen (the principal applicant) or their partner will be refused limited leave to enter the United Kingdom if:
    1. (i) their application falls for refusal under the general grounds of refusal contained in Part 9 of these Rules;
    2. (ii) there are serious reasons for considering that the minor dependant child of the principal applicant or their partner has committed a crime against peace, a war crime, a crime against humanity, or any other serious crime or instigated or otherwise participated in such crimes;
    3. (iii) there are serious reasons for considering that the minor dependant child of the principal applicant or their partner is guilty of acts contrary to the purposes and principles of the United Nations or has committed, prepared or instigated such acts or encouraged or induced others to commit, prepare or instigate such acts; or
    4. (iv) there are serious reasons for considering that the minor dependant child of the principal applicant or their partner constitutes a danger to the community or to the security of the United Kingdom.

Curtailment of limited leave to enter the United Kingdom as the minor dependant child of a relevant Afghan citizen or their partner

  1. 276BS1. Limited leave to enter the United Kingdom as the minor dependant child of a relevant Afghan citizen or their partner and who has been granted leave in accordance with paragraph 276BO1 may be curtailed where the person is a danger to the security or public order of the United Kingdom or leave may be curtailed where:
    1. (i) the minor dependant child of a relevant Afghan citizen has made false representations or failed to disclose any material fact for the purpose of obtaining leave to enter; and/or
    2. (ii) it is undesirable to permit the minor dependant child of a relevant Afghan citizen to remain in the United Kingdom in the light of his conduct, character or associations or the fact that he represents a threat to national security.

Parent of a Tier 4 (child) student

Requirements for leave to enter or remain as the parent of a Tier 4 (child) student

  1. 276BT1 The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the parent of a Tier 4 (child) student is that the parent is over 18 years old and:
    1. (i) is genuinely seeking leave to enter or remain for a period of up to 12 months to be the sole carer for their child who is under 12 years of age and attending or seeking to attend an independent fee paying day school in the United Kingdom, provided the child:
      1. a) meets the requirements of paragraph 245ZZA if seeking leave to enter as a Tier 4 (Child) Student, or
      2. b) meets the requirements of paragraph 245ZZC if seeking leave to remain as a Tier 4 (Child) Student;
    2. (ii) will maintain and accommodate himself, the child and any other dependants adequately out of resources available to him without recourse to public funds or taking employment;
    3. (iii) can provide satisfactory evidence of adequate and reliable funds for maintaining a second home in the United Kingdom;
    4. (iv) is not seeking to make the United Kingdom their main home;
    5. (v) does not intend to take employment, to produce goods or provide services within the United Kingdom including the selling of goods or services direct to members of the public;
    6. (vi) does not intend to study in the UK;
    7. (vii) the parent was not last admitted to the United Kingdom under the Approved Destination Status Agreement with China;
    8. (viii) if seeking leave to remain must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

Leave to enter or remain as the parent of a Tier 4 (child) student

276BU1 A person seeking leave to enter or remain in the United Kingdom as the parent of a Tier 4 (child) student may be admitted or allowed to remain for a period not exceeding 12 months, subject to a condition prohibiting employment, study and recourse to public funds, provided the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is satisfied that each of the requirements of paragraph 276BT1 is met.

Refusal of leave to enter or remain as the parent of a Tier 4 (child) student

276BV1 Leave to enter or remain in the United Kingdom as the parent of a Tier 4 (child) student is to be refused if the Immigration Officer or, in the case of an application for limited leave to remain, the Secretary of State is not satisfied that each of the requirements of paragraph 276BT1 is met.