Introduction
The Home Secretary has made changes in the Rules laid down by him as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 March 1990 (HC 251) (as amended). This statement contains the Rules as changed and replaces the provisions of HC 251 (as amended).
2. Immigration Officers, Entry Clearance Officers and all staff of the Home Office Immigration and Nationality Directorate will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in the United Kingdom and in compliance with the provisions of the Human Rights Act 1998.
3. In these Rules words importing the masculine gender include the feminine unless the contrary intention appears.
Implementation and transitional provisions
4. These Rules come into effect on 1 October 1994 and will apply to all decisions taken on or after that date save that any application made before 1 October 1994 for entry clearance, leave to enter or remain or variation of leave to enter or remain other than an application for leave by a person seeking asylum shall be decided under the provisions of HC 251, as amended, as if these Rules had not been made.
Application
5. Save where expressly indicated, these Rules do not apply to those persons who are entitled to enter or remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations. But any person who is not entitled to rely on the provisions of those Regulations is covered by these Rules.
Interpretation
6. In these Rules the following interpretations apply:
"the Immigration Acts" mean the Immigration Act 1971 and the Immigration Act 1988.
"the 1993 Act" is the Asylum and Immigration Appeals Act 1993.
"the 1996 Act" is the Asylum and Immigration Act 1996
"the 2006 EEA Regulations" means the Immigration (European Economic Area) Regulations 2006
"adoption" unless the contrary intention appears, includes a de facto adoption in accordance with the requirements of paragraph 309A of these Rules, and "adopted" and "adoptive parent" should be construed accordingly.
"Approved Destination Status Agreement with China" means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People's Republic of China to the United Kingdom as a approved destination, signed on 21 January 2005.
"a bona fide private education institution" is a private education institution which:
a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Border and Immigration Agency when requested;
b) provides courses which involve a minimum of 15 hours organised daytime study per week;
c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students;
d) offers courses leading to qualifications recognised by the appropriate accreditation bodies;
e)employs suitably qualified staff to provide teaching, guidance and support to the students;
f) provides adequate accommodation, facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and
g) if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body.
"civil partner" means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly);
"degree level study" means a course which leads to a recognised United Kingdom degree at bachelor's level or above, or an equivalent qualification at level 6 or above of the revised National Qualifications Framework, or levels 9 or above of the Scottish Credit and Qualifications Framework.
"EEA national" has the meaning given in regulation 2(1) of the 2006 EEA Regulations.
"an external student" is a student studying for a degree from a UK degree awarding body without any requirement to attend the UK degree awarding body's premises or a UK Listed Body's premises for lectures and tutorials.
"United Kingdom passport" bears the meaning it has in the Immigration Act 1971.
"a UK Bachelors degree" means
(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or
(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.
"Immigration Officer" includes a Customs Officer acting as an Immigration Officer.
"Multiple Entry work permit employment" is work permit employment where the person concerned does not intend to spend a continuous period in the United Kingdom in work permit employment.
"public funds" means
(a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;
(b) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.
(c) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; or income based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995.
"settled in the United Kingdom" means that the person concerned:
(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and
(b) is either:
(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or
(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.
"a parent" includes
(a) the stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;
(b) the stepmother of a child whose mother is dead and the reference to stepmother includes a relationship arising through civil partnership and;
(c) the father as well as the mother of an illegitimate child where he is proved to be the father;
(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);
(e) in the case of a child born in the United Kingdom who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parent(s)' inability to care for the child.
"intention to live permanently with the other" means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the United Kingdom immediately following the outcome of the application in question or as soon as circumstances permit thereafter, and "intends to live permanently with the other" shall be construed accordingly.
"present and settled" means that the person concerned is settled in the United Kingdom, and, at the time that an application under these Rules is made, is physically present here or is coming here with or to join the applicant and intends to make the United Kingdom their home with the applicant if their application is successful.
"sponsor" means the person in relation to whom an applicant is seeking leave to enter or remain as their spouse, fiance, civil partner, proposed civil partner, unmarried partner, same-sex partner or dependent relative, as the case may be, under paragraphs 277 to 295O or 317 to 319.
"visa nationals" are the persons specified in Appendix 1 to these Rules who need a visa for the United Kingdom.
"Non-visa nationals" are persons who are not specified in Appendix 1 to these Rules.
"specified national" is a person specified in Appendix 3 to these Rules who seeks leave to enter the United Kingdom for a period of more than 6 months.
"employment" unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.
"the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom.
"Immigration employment document" means a work permit or any other document which relates to employment and is issued for the purpose of these Rules or in connection with leave to enter or remain in the United Kingdom.
"Employment as a Doctor in Training" means employment in a medical post or programme offered by the National Health Service which has been approved by the Postgraduate Medical Education and Training Board as a training programme or post.
"these Rules" means these immigration rules (HC 395) made under section 3(2) of the Immigration Act 1971.
"Tier 1 (General) Migrant" means a migrant who is granted leave under paragraphs 245A to 245D of these Rules.
Under Part 6A of these Rules, "Highly Skilled Migrant" means a migrant granted leave under paragraphs 135A to 135G of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Highly Skilled Migrant Programme Approval Letter" means a letter issued by the Home Office confirming that the applicant meets the criteria specified by the Secretary of State for entry to or stay in the UK under the Highly Skilled Migrant Programme.
Under Part 6A of these Rules, "Innovator" means a migrant granted leave under paragraphs 210A to 210F of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Lawfully" means with valid leave.
Under Part 6A of these Rules, "Participant in the Fresh Talent Working in Scotland Scheme" means a migrant granted leave under paragraphs 143A to 143F of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Participant in the International Graduates Scheme" means a migrant granted leave under paragraphs 135O to 135T of the Rules in force before 30th June 2008.
Under Part 6A of these Rules, "Postgraduate Doctor or Dentist" means a migrant who is granted leave under paragraphs 70 to 75 of these Rules.
Under Part 6A of these Rules, "Self-Employed" means an applicant is registered as self-employed with HM Revenue & Customs, or is employed by a company of which the applicant is a controlling shareholder.
Under Part 6A of these Rules, "Student" means a migrant who is granted leave under paragraphs 57 to 62 of these Rules.
Under Part 6A of these Rules, "Student Nurse" means a migrant who is granted leave under paragraphs 63 to 69 of these Rules.
Under Part 6A of these Rules, "Student Re-Sitting an Examination" means a migrant who is granted leave under paragraphs 69A to 69F of these Rules.
Under Part 6A of these Rules, "Student Writing-Up a Thesis" means a migrant who is granted leave under paragraphs 69G to 69L of these Rules.
Under Part 6A of these Rules, "Work Permit Holder" means a migrant who is granted leave under paragraphs 128 to 133 of these Rules.
"Business person" means a migrant granted leave under paragraphs 200 to 208 of the Rules in force before 30th June 2008.
"Investor" means a migrant granted leave under paragraphs 224 to 229 of the Rules in force before 30th June 2008.
"Self-employed Lawyer" means a migrant granted entry clearance, or leave to enter or remain, outside the Rules under the concession for Self-employed lawyers that formerly appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate instructions.
"Tier 1 (General) Migrant" means a migrant who is granted leave under paragraphs 245B to 245F of these Rules.
"Tier 1 (Entrepreneur) Migrant" means a migrant who is granted leave under paragraphs 245H to 245N of these Rules.
"Tier 1 (Investor) Migrant" means a migrant who is granted leave under paragraphs 245O to 245U of these Rules.
"Tier 1 (Post-Study Work) Migrant" means a migrant who is granted leave under paragraphs 245V to 245ZA of these Rules.
"Tier 1 Migrant" means a migrant who is granted leave as Tier 1 (General) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Investor) Migrant or a Tier 1 (Post-Study Work) Migrant.
"Writer, Composer or Artist" means a migrant granted leave under paragraphs 232 to 237 of the Rules in force before 30th June 2008.
"In paragraph 320(7B) and paragraph 320(11) of these Rules:
"Deception" means making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts.
"Illegal Entrant" has the same definition as in section 33(1) of the Immigration Act 1971.
"Overstayed" or "Overstaying" means the applicant has stayed in the UK beyond the time limit attached to his leave, or beyond the period that his leave was extended under sections 3C or 3D of the Immigration Act 1971."
6A. For the purpose of these Rules, a person is not to be regarded as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds.
6B. A person shall not be regarded as having recourse to public funds if he is a person who is not excluded from specified benefits under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002.