Part 3 - Persons seeking to enter or remain in the United Kingdom for studies
Students
Requirements for leave to enter as a student
57. The requirements to be met by a person seeking leave to enter the United Kingdom as a student are that he:
(i) has been accepted for a course of study, or a period of research, which is to be provided by or undertaken at an organisation which is included on the Register of Education and Training Providers, and is at either;
(a) a publicly funded institution of further or higher education which maintains satisfactory records of enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; or
(b) a bona fide private education institution; or
(c) an independent fee paying school outside the maintained sector which maintains satisfactory records of enrolment and attendance of students and supplies these to the Border and Immigration Agency when requested; and
(ii) is able and intends to follow either:
(a) a recognised full-time degree course or postgraduate studies at a publicly funded institution of further or higher education; or
(b) a period of study and/or research in excess of 6 months at a publicly funded institution of higher education where this forms part of an overseas degree course; or
(c) a weekday full-time course involving attendance at a single institution for a minimum of 15 hours organised daytime study per week of a single subject, or directly related subjects; or
(d) a full-time course of study at an independent fee paying school; and
(iii) if under the age of 16 years is enrolled at an independent fee paying school on a full time course of studies which meets the requirements of the Education Act 1944; and
(iv) if he has been accepted to study externally for a degree at a private education institution, he is also registered as an external student with the UK degree awarding body; and
(v) he holds a valid Academic Technology Approval Scheme (ATAS) clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, he intends to undertake and the institution at which he wishes to undertake it; if he intends to undertake either,
(i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules; or
(ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules; or
(iii) a period of study or research, as described in paragraph 57(ii)(b), in one of the disciplines listed in paragraph 1 or 2 of Appendix 6 to these Rules, that forms part of an overseas postgraduate qualification; and
(vi) intends to leave the United Kingdom at the end of his studies; and
(vii) does not intend to engage in business or to take employment, except part-time or vacation work undertaken with the consent of the Secretary of State; and
(viii) is able to meet the costs of his course and accommodation and the maintenance of himself and any dependants without taking employment or engaging in business or having recourse to public funds; and
(ix) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a student
58. A person seeking leave to enter the United Kingdom as a student may be admitted for an appropriate period depending on the length of his course of study and his means, and with a condition restricting his freedom to take employment, provided he is able to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a student
59. Leave to enter as a student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 57 is met.
Requirements for an extension of stay as a student
60. The requirements for an extension of stay as a student are that the applicant:
(i)(a) was last admitted to the United Kingdom in possession of a valid student entry clearance in accordance with paragraphs 57- 62 or valid prospective student entry clearance in accordance with paragraphs 82 - 87 of these Rules; or
(b) has previously been granted leave to enter or remain in the United Kingdom to re-sit an examination in accordance with paragraphs 69A-69F of these Rules; or
(c) if he has been accepted on a course of study at degree level or above, has previously been granted leave to enter or remain in the United Kingdom in accordance with paragraphs 87A-87F, 128-135, 135O-135T and 143A to 143F or 245V to 245ZA of these Rules; or
(d) has valid leave as a student in accordance with paragraphs 57-62 of these Rules; and
(ii) meets the requirements for admission as a student set out in paragraph 57 (i) - (viii); and
(iii) has produced evidence of his enrolment on a course which meets the requirements of paragraph 57; and
(iv) can produce satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
(v) can show evidence of satisfactory progress in his course of study including the taking and passing of any relevant examinations; and
(vi) would not, as a result of an extension of stay, spend more than 2 years on short courses below degree level (ie courses of less than 1 years duration, or longer courses broken off before completion); and
(vii) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available.
Extension of stay as a student
61. An extension of stay as a student may be granted, subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 60.
Refusal of extension of stay as a student
62. An extension of stay as a student is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 60 is met.
Student nurses
Definition of student nurse
63. For the purposes of these Rules the term student nurse means a person accepted for training as a student nurse or midwife leading to a registered nursing qualification.
Requirements for leave to enter as a student nurse
64. The requirements to be met by a person seeking leave to enter the United Kingdom as a student nurse are that the person:
(i) comes within the definition set out in paragraph 63 above; and
(ii) has been accepted for a course of study in a recognised nursing educational establishment offering nursing training which meets the requirements of the Nursing and Midwifery Council.
(iii) did not obtain acceptance on the course of study referred to in (ii) above by misrepresentation;
(iv) is able and intends to follow the course; and
(v) does not intend to engage in business or take employment except in connection with the training course; and
(vi) intends to leave the United Kingdom at the end of the course; and
(vii) has sufficient funds available for accommodation and maintenance for himself and any dependants without engaging in business or taking employment (except in connection with the training course) or having recourse to public funds. The possession of a Department of Health bursary may be taken into account in assessing whether the student meets the maintenance requirement.
Leave to enter the United Kingdom as a student nurse
65. A person seeking leave to enter the United Kingdom as a student nurse may be admitted for the duration of the course, with a restriction on his freedom to take employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 64 is met.
Refusal of leave to enter as a student nurse
66. Leave to enter as a student nurse is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 64 is met.
Requirements for an extension of stay as a student nurse
67. The requirements for an extension of stay as a student nurse are that the applicant:
(i) was last admitted to the United Kingdom in possession of a valid student entry clearance, or valid prospective student entry clearance in accordance with paragraphs 82 to 87 of these Rules, if he is a person specified in Appendix 1 to these Rules; and
(ii) meets the requirements set out in paragraph 64 (i)-(vii);and
(iii) has produced evidence of enrolment at a recognised nursing educational establishment; and
(iv) can provide satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
(v) would not, as a result of an extension of stay, spend more than 4 years in obtaining the relevant qualification; and
(vi) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and evidence that sufficient sponsorship funding is available.
Extension of stay as a student nurse
68. An extension of stay as a student nurse may be granted, subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 67.
Refusal of extension of stay as a student nurse
69. An extension of stay as a student nurse is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 67 is met.
Re-sits of examinations
Requirements for leave to enter to re-sit an examination
69A. The requirements to be met by a person seeking leave to enter the United Kingdom in order to re-sit an examination are that the applicant:
(i) (a) meets the requirements for admission as a student set out in paragraph 57(i)-(viii); or
(b) met the requirements for admission as a student set out in paragraph 57 (i)-(iii) in the previous academic year and continues to meet the requirements of paragraph 57 (iv)-(viii)
save, for the purpose of paragraphs (i) (a) or (b) above, where leave was last granted in accordance with paragraphs 57 - 62 of these Rules before 30 November 2007, the requirements of paragraph 57(v) do not apply; and
(ii) has produced written confirmation from the education institution or independent fee paying school which he attends or attended in the previous academic year that he is required to re-sit an examination; and
(iii) can provide satisfactory evidence of regular attendance during any course which he has already begun; or any other course for which he has been enrolled in the past; and
(iv) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available; and
(v) has not previously been granted leave to re-sit the examination.
Leave to enter to re-sit an examination
69B. A person seeking leave to enter the United Kingdom in order to re-sit an examination may be admitted for a period sufficient to enable him to re-sit the examination at the first available opportunity with a condition restricting his freedom to take employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 69A is met.
Refusal of leave to enter to re-sit an examination
69C. Leave to enter to re-sit an examination is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 69A is met.
Requirements for an extension of stay to re-sit an examination
69D. The requirements for an extension of stay to re-sit an examination are that the applicant:
(i) was admitted to the United Kingdom with a valid student entry clearance if he was then a visa national; and
(ii) meets the requirements set out in paragraph 69A (i)-(v).
Extension of stay to re-sit an examination
69E. An extension of stay to re-sit an examination may be granted for a period sufficient to enable the applicant to re-sit the examination at the first available opportunity, subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 69D.
Refusal of extension of stay to re-sit an examination
69F. An extension of stay to re-sit an examination is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69D is met.
Writing up a thesis
Requirements for leave to enter to write up a thesis
69G. The requirements to be met by a person seeking leave to enter the United Kingdom in order to write up a thesis are that the applicant:
(i) (a) meets the requirements for admission as a student set out in paragraph 57(i)-(viii); or
(b) met the requirements for admission as a student set out in paragraph 57 (i)-(iii) in the previous academic year and continues to meet the requirements of paragraph 57 (iv)-(viii)
save, for the purpose of paragraphs (i) (a) or (b) above, where leave was last granted in accordance with paragraphs 57 - 62 of these Rules before 30 November 2007, the requirements of paragraph 57(v) do not apply; and
(ii) can provide satisfactory evidence that he is a postgraduate student enrolled at an education institution as either a full time, part time or writing up student; and
(iii) can demonstrate that his application is supported by the education institution; and
(iv) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor for a further period of study in the United Kingdom and satisfactory evidence that sufficient sponsorship funding is available; and
(v) has not previously been granted 12 months leave to write up the same thesis.
Leave to enter to write up a thesis
69H. A person seeking leave to enter the United Kingdom in order to write up a thesis may be admitted for 12 months with a condition restricting his freedom to take employment, provided the Immigration Officer is satisfied that each of the requirements of paragraph 69G is met.
Refusal of leave to enter to write up a thesis
69I. Leave to enter to write up a thesis is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 69G is met.
Requirements for an extension of stay to write up a thesis
69J. The requirements for an extension of stay to write up a thesis are that the applicant:
(i) was admitted to the United Kingdom with a valid student entry clearance if he was then a visa national; and
(ii) meets the requirements set out in paragraph 69G (i)-(v).
Extension of stay to write up a thesis
69K. An extension of stay to write up a thesis may be granted for 12 months subject to a restriction on his freedom to take employment, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 69J.
Refusal of extension of stay to write up a thesis
69L. An extension of stay to write up a thesis is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69J is met.
Requirements for leave to enter as an overseas qualified nurse or midwife
69M. The requirements to be met by a person seeking leave to enter as an overseas qualified nurse or midwife are that the applicant:
(i) has obtained confirmation from the Nursing and Midwifery Council that he is eligible:
(a) for admission to the Overseas Nurses Programme; or
(b) to undertake a period of supervised practice; or
(c) to undertake an adaptation programme leading to registration as a midwife; and
(ii) has been offered:
(a) a supervised practice placement through an education provider that is recognised by the Nursing and Midwifery Council; or
(b) a supervised practice placement in a setting approved by the Nursing and Midwifery Council; or
(c) a midwifery adaptation programme placement in a setting approved by the Nursing and Midwifery Council; and
(iii) did not obtain acceptance of the offer referred to in paragraph 69 (ii) by misrepresentation; and
(iv) is able and intends to undertake the supervised practice placement or midwife adaptation programme; and
(v) does not intend to engage in business or take employment, except:
(a) in connection with the supervised practice placement or midwife adaptation programme; or
(b) part-time work of a similar nature to the work undertaken on the supervised practice placement or midwife adaptation programme; and
(vi) is able to maintain and accommodate himself and any dependants without recourse to public funds.
Leave to enter the United Kingdom as an overseas qualified nurse or midwife
69N. Leave to enter the United Kingdom as an overseas qualified nurse or midwife may be granted for a period not exceeding 18 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 69M is met.
Refusal of leave to enter as an overseas qualified nurse or midwife
69O. Leave to enter the United Kingdom as an overseas qualified nurse or midwife is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 69M is met.
Requirements for an extension of stay as an overseas qualified nurse or midwife
69P. The requirements to be met by a person seeking an extension of stay as an overseas qualified nurse or midwife are that the applicant:
(i) has leave to enter or remain in the United Kingdom as a prospective student in accordance with paragraphs 82 - 87 of these Rules; or
(ii) has leave to enter or remain in the United Kingdom as a student in accordance with paragraphs 57 to 69L of these Rules; or
(iii)(a) has leave to enter or remain in the United Kingdom as a work permit holder in accordance with paragraphs 128 to 135 of these Rules; or
(iv) has leave to enter or remain as an overseas qualified nurse or midwife in accordance with paragraphs 69M - 69R of these Rules; and
(v) meets the requirements set out in paragraph 69M (i) - (vi); and
(vi) can provide satisfactory evidence of regular attendance during any previous period of supervised practice or midwife adaptation course; and
(vii)if he has previously been granted leave:
(a) as an overseas qualified nurse or midwife under paragraphs 69M-69R of these Rules, or
(b) to undertake an adaptation course as a student nurse under paragraphs 63 - 69 of these Rules; is not seeking an extension of stay in this category which, when amalgamated with those previous periods of leave, would total more than 18 months; and
(viii) if his previous studies, supervised practice placement or midwife adaptation programme placement were sponsored by a government or international scholarship agency, he has the written consent of his official sponsor to remain in the United Kingdom as an overseas qualified nurse or midwife.
Extension of stay as an overseas qualified nurse or midwife
69Q. An extension of stay as an overseas qualified nurse or midwife may be granted for a period not exceeding 18 months, provided that the Secretary of State is satisfied that each of the requirements of paragraph 69P is met.
Refusal of extension of stay as an overseas qualified nurse or midwife
69R. An extension of stay as an overseas qualified nurse or midwife is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 69P is met.
Postgraduate doctors, dentists and trainee general practitioners
Requirements for leave to enter the United Kingdom as a postgraduate doctor or dentist
70.The requirements to be met by a person seeking leave to enter the UK as a postgraduate doctor or dentist are that the applicant:
(i) has successfully completed and obtained a recognised UK degree in medicine or dentistry from either:
(a) a UK publicly funded institution of further or higher education; or
(b) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance; and
(ii) has previously been granted leave:
(a) in accordance with paragraphs 57 to 69L of these Rules for the final academic year of the studies referred to in (i) above; and
(b) as a student under paragraphs 57 to 62 of these Rules for at least one other academic year (aside from the final year) of the studies referred to in (i) above; and
(iii) holds a letter from the Postgraduate Dean confirming he has a full-time place on a recognised Foundation Programme; and
(iv) intends to train full time in his post on the Foundation Programme; and
(v) is able to maintain and accommodate himself and any dependants without recourse to public funds; and
(vi) intends to leave the United Kingdom if, on expiry of his leave under this paragraph, he has not been granted leave to remain in the United Kingdom as:
(a) a doctor or dentist undertaking a period of clinical attachment or a dental observer post in accordance with paragraphs 75G to 75M of these Rules; or
(b) a work permit holder in accordance with paragraphs 128 to 135 of these Rules; or
(c) a Tier 1 (General) Migrant or Tier (1) (Entreprenuer) Migrant; and
(vii) if his study at medical school or dental school, or any subsequent studies he has undertaken, were sponsored by a government or international scholarship agency, he has the written consent of his sponsor to enter or remain in the United Kingdom as a postgraduate doctor or dentist; and
(viii) if he has not previously been granted leave in this category has completed his medical or dental degree in the 12 months preceding this application; and
(ix) if he has previously been granted leave as a postgraduate doctor or dentist, is not seeking leave to enter to a date beyond 3 years from that date on which he was first granted leave to enter or remain in this category; and
(x) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter as a postgraduate doctor or dentist
71.Leave to enter the United Kingdom as a postgraduate doctor or dentist may be granted for the duration of the Foundation Programme, for a period not exceeding 26 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 70 is met.
Refusal of leave to enter as a postgraduate doctor or dentist
72. Leave to enter as a postgraduate doctor or dentist is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 70 is met.
Requirements for an extension of stay as a postgraduate doctor or dentist
73.The requirements to be met by a person seeking an extension of stay as a postgraduate doctor or dentist are that the applicant:
(i) meets the requirements of paragraph 70 (i) to (vii); and
(ii) has leave to enter or remain in the United Kingdom as either:
(a) a student in accordance with paragraphs 57 to 69L of these Rules; or
(b) as a postgraduate doctor or dentist in accordance with paragraphs 70 to 75 of these Rules; or
(c) as a doctor or dentist undertaking a period of clinical attachment or a dental observer post in accordance with paragraphs 75G to 75M of these Rules.
(iii) if he has not previously been granted leave in this category, has completed his medical or dental degree in the last 12 months;
(iv) would not, as a result of an extension of stay, remain in the United Kingdom as a postgraduate doctor or dentist to a date beyond 3 years from the date on which he was first given leave to enter or remain in this capacity.
Extension of stay as a postgraduate doctor or dentist
74.An extension of stay as a postgraduate doctor or dentist may be granted for the duration of the Foundation Programme, for a period not exceeding 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 73 is met.
Refusal of an extension of stay as a postgraduate doctor or dentist
75.An extension of stay as a postgraduate doctor or dentist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 73 is met.
Requirements for leave to enter the United Kingdom to take the PLAB Test
75A. The requirements to be met by a person seeking leave to enter in order to take the PLAB Test are that the applicant:
(i) is a graduate from a medical school and intends to take the PLAB Test in the United Kingdom; and
(ii) can provide documentary evidence of a confirmed test date or of his eligibility to take the PLAB Test; and
(iii) meets the requirements of paragraph 41 (iii) - (vii) for entry as a visitor; and
(iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain:
(a) as a postgraduate doctor or trainee general practitioner in accordance with paragraphs 70 to 75; or
(b) to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules; or
(c) as a work permit holder for employment in the United Kingdom as a doctor in accordance with paragraphs 128 to 135.
Leave to enter to take the PLAB Test
75B. A person seeking leave to enter the United Kingdom to take the PLAB Test may be admitted for a period not exceeding 6 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 75A is met.
Refusal of leave to enter to take the PLAB Test
75C. Leave to enter the United Kingdom to take the PLAB Test is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 75A is met.
Requirements for an extension of stay in order to take the PLAB Test
75D. The requirements for an extension of stay in the United Kingdom in order to take the PLAB Test are that the applicant:
(i) was given leave to enter the United Kingdom for the purposes of taking the PLAB Test in accordance with paragraph 75B of these Rules; and
(ii) intends to take the PLAB Test and can provide documentary evidence of a confirmed test date; and
(iii) meets the requirements set out in paragraph 41 (iii)-(vii); and
(iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is successful in the PLAB Test and granted leave to remain:
(a) as a postgraduate doctor or trainee general practitioner in accordance with paragraphs 70 to 75; or
(b) to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules; or
(c) as a work permit holder for employment in the United Kingdom as a doctor in accordance with paragraphs 128 to 135; and
(v) would not as a result of an extension of stay spend more than 18 months in the United Kingdom for the purpose of taking the PLAB Test.
Extension of stay to take the PLAB Test
75E. A person seeking leave to remain in the United Kingdom to take the PLAB Test may be granted an extension of stay for a period not exceeding 6 months, provided the Secretary of State is satisfied that each of the requirements of paragraph 75D is met.
Refusal of extension of stay to take the PLAB Test
75F. Leave to remain in the United Kingdom to take the PLAB Test is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 75D is met.
Requirements for leave to enter to undertake a clinical attachment or dental observer post
75G. The requirements to be met by a person seeking leave to enter to undertake a clinical attachment or dental observer post are that the applicant:
(i) is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the United Kingdom; and
(ii) can provide documentary evidence of the clinical attachment or dental observer post which will:
(a) be unpaid; and
(b) only involve observation, not treatment, of patients; and
(iii) meets the requirements of paragraph 41 (iii ) - (vii) of these Rules; and
(iv) intends to leave the United Kingdom at the end of his leave granted under this paragraph unless he is granted leave to remain:
(a) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75;
(b) as a work permit holder for employment in the United Kingdom as a doctor or dentist in accordance with paragraphs 128 to 135; and
(v) if he has previously been granted leave in this category, is not seeking leave to enter which, when amalgamated with those previous periods of leave, would total more than 6 months.
Leave to enter to undertake a clinical attachment or dental observer post
75H. A person seeking leave to enter the United Kingdom to undertake a clinical attachment or dental observer post may be admitted for the period of the clinical attachment or dental observer post, up to a maximum of 6 weeks at a time or 6 months in total in this category, provided the Immigration Officer is satisfied that each of the requirements of paragraph 75G is met.
Refusal of leave to enter to undertake a clinical attachment or dental observer post
75J. Leave to enter the United Kingdom to undertake a clinical attachment or dental observer post is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 75G is met.
Requirements for an extension of stay in order to undertake a clinical attachment or dental observer post
75K. The requirements to be met by a person seeking an extension of stay to undertake a clinical attachment or dental observer post are that the applicant:
(i) was given leave to enter or remain in the United Kingdom to undertake a clinical attachment or dental observer post or:
(a) for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F and has passed both parts of the PLAB Test;
(b) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75; or
(c) as a work permit holder for employment in the UK as a doctor or dentist in accordance with paragraphs 128 to 135; and
(ii) is a graduate from a medical or dental school and intends to undertake a clinical attachment or dental observer post in the United Kingdom; and
(iii) can provide documentary evidence of the clinical attachment or dental observer post which will:
(a) be unpaid; and
(b) only involve observation, not treatment, of patients; and
(iv) intends to leave the United Kingdom at the end of his period of leave granted under this paragraph unless he is granted leave to remain:
(a) as a postgraduate doctor, dentist or trainee general practitioner in accordance with paragraphs 70 to 75; or
(b) as a work permit holder for employment in the United Kingdom as a doctor or dentist in accordance with paragraphs 128 to 135; and
(v) meets the requirements of paragraph 41 (iii) - (vii) of these Rules; and
(vi) if he has previously been granted leave in this category, is not seeking an extension of stay which, when amalgamated with those previous periods of leave, would total more than 6 months.
Extension of stay to undertake a clinical attachment or dental observer post
75L. A person seeking leave to remain in the United Kingdom to undertake a clinical attachment or dental observer post up to a maximum of 6 weeks at a time or 6 months in total in this category, may be granted an extension of stay for the period of their clinical attachment or dental observer post, provided that the Secretary of State is satisfied that each of the requirements of paragraph 75K is met.
Refusal of extension of stay to undertake a clinical attachment or dental observer post
75M. Leave to remain in the United Kingdom to undertake a clinical attachment or dental observer post is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 75K is met.
Spouses of students or civil partners of prospective students
Requirements for leave to enter or remain as the spouse or civil partner of a student or prospective student
76. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student are that::
(i) the applicant is married to or the civil partner of a person admitted to or allowed to remain in the United Kingdom under paragraphs 57-75 or 82-87F; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant's stay and the marriage or the civil partner of is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to take employment except as permitted under paragraph 77 below; and
(vi) the applicant intends to leave the United Kingdom at the end of any period of leave granted to him.
Leave to enter or remain as the spouse or civil partner of a student or prospective student
77. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partner of a student or a prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student 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 76 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.
Refusal of leave to enter or remain as the spouse or civil partner of a student or prospective student
78. Leave to enter or remain as the spouse or civil partner of a student or prospective 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 76 is met.
Children of students or prospective students
Requirements for leave to enter or remain as the child of a student or prospective student
79. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a student or prospective student are that he:
(i) is the child of a parent admitted to or allowed to remain in the United Kingdom as a student or prospective student under paragraphs 57-75 or 82-87F; and
(ii) is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) is unmarried, has not formed an independent family unit and is not leading an independent life; and
(iv) can, and will, be maintained and accommodated adequately without recourse to public funds; and
(v) will not stay in the United Kingdom beyond any period of leave granted to his parent.
Leave to enter or remain as the child of a student or prospective student
80. A person seeking leave to enter or remain in the United Kingdom as the child of a student or prospective student may be admitted or allowed to remain for a period not in excess of that granted to the student or prospective student 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 79 is met. Employment may be permitted where the period of leave granted to the student or prospective student is, or was, 12 months or more.
Refusal of leave to enter or remain as the child of a student or prospective student
81. Leave to enter or remain in the United Kingdom as the child of a student or prospective 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 79 is met.
Prospective students
Requirements for leave to enter as a prospective student
82. The requirements to be met by a person seeking leave to enter the United Kingdom as a prospective student are that he:
(i) can demonstrate a genuine and realistic intention of undertaking, within 6 months of his date of entry:
(a) a course of study which would meet the requirements for an extension of stay as a student under paragraphs 60 to 67 of these Rules; or
(b) a supervised practice placement or midwife adaptation course which would meet the requirements for an extension of stay as an overseas qualified nurse or midwife under paragraphs 69P to 69R of these Rules; and
(ii) intends to leave the United Kingdom on completion of his studies or on the expiry of his leave to enter if he is not able to meet the requirements for an extension of stay:
(a) as a student in accordance with paragraph 60 or 67 of these Rules; or
(b) as an overseas qualified nurse or midwife in accordance with paragraph 69P of these Rules; and
(iii) is able without working or recourse to public funds to meet the costs of his intended course and accommodation and the maintenance of himself and any dependants while making arrangements to study and during the course of his studies; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a prospective student
83. A person seeking leave to enter the United Kingdom as a prospective student may be admitted for a period not exceeding 6 months with a condition prohibiting employment, provided he is able to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a prospective student
84. Leave to enter as a prospective student is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 82 is met.
Requirements for extension of stay as a prospective student
85. Six months is the maximum permitted leave which may be granted to a prospective student. The requirements for an extension of stay as a prospective student are that the applicant:
(i) was admitted to the United Kingdom with a valid prospective student entry clearance; and
(ii) meets the requirements of paragraph 82; and
(iii) would not, as a result of an extension of stay, spend more than 6 months in the United Kingdom.
Extension of stay as a prospective student
86. An extension of stay as a prospective student may be granted, with a prohibition on employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 85 is met.
Refusal of extension of stay as a prospective student
87. An extension of stay as a prospective student is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 85 is met.
Students' unions sabbatical officers
Requirements for leave to enter as a sabbatical officer
87A. The requirements to be met by a person seeking leave to enter the United Kingdom as a sabbatical officer are that the person:
(i) has been elected to a full-time salaried post as a sabbatical officer at an educational establishment at which he is registered as a student;
(ii) meets the requirements set out in paragraph 57 (i)-(ii) or met the requirements set out in paragraph 57 (i)-(ii) in the academic year prior to the one in which he took up or intends to take up sabbatical office; and
(iii) does not intend to engage in business or take employment except in connection with his sabbatical post; and
(iv) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(v) at the end of the sabbatical post he intends to:
(a) complete a course of study which he has already begun; or
(b) take up a further course of study which has been deferred to enable the applicant to take up the sabbatical post; or
(c) leave the United Kingdom; and
(vi) has not come to the end of a period of government or international scholarship agency sponsorship, or has the written consent of his official sponsor to take up a sabbatical post in the United Kingdom; and
(vii) has not already completed 2 years as a sabbatical officer.
Leave to enter the United Kingdom as a sabbatical officer
87B. A person seeking leave to enter the United Kingdom as a sabbatical officer may be admitted for a period not exceeding 12 months on conditions specifying his employment provided the Immigration Officer is satisfied that each of the requirements of paragraph 87A is met.
Refusal of leave to enter the United Kingdom as a sabbatical officer
87C. Leave to enter as a sabbatical officer is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 87A is met.
Requirements for an extension of stay as a sabbatical officer
87D. The requirements for an extension of stay as a sabbatical officer are that the applicant:
(i) was admitted to the United Kingdom with a valid student entry clearance if he was then a visa national; and
(ii) meets the requirements set out in paragraph 87A (i) - (vi); and
(iii) would not, as a result of an extension of stay, remain in the United Kingdom as a sabbatical officer to a date beyond 2 years from the date on which he was first given leave to enter the United Kingdom in this capacity.
Extension of stay as a sabbatical officer
87E. An extension of stay as a sabbatical officer may be granted for a period not exceeding 12 months on conditions specifying his employment provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 87D.
Refusal of extension of stay as a sabbatical officer
87F. An extension of stay as a sabbatical officer is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 87D is met