Immigration Rules and Legislation Overview

Immigration Rules and Legislation

• Purpose of Resource Book: Aids OISC exam preparation; not for general use. OISC doesn't accept responsibility for errors.
• Updates: Compiled as of November 8, 2024, updated to reflect changes from Statement of Changes HC217 (September 10, 2024). Specific paragraphs amended.
• Key Legislation Mentioned: Immigration Act 1971, British Nationality Act 1981, Immigration and Asylum Act 1999, Nationality, Immigration, and Asylum Act 2002, Tribunal Procedure Rules 2014, Immigration Rules (HC395).
• Immigration Act 1971: Part I regulates UK entry. Part III covers criminal proceedings. Sections 1, 3(5), 3(6), 3C, 24, 24A, 24B, 25, 25A are outlined. It discusses deportation, illegal entry, deception, assisting unlawful immigration, and general offences.
• British Nationality Act 1981: Details acquisition of British citizenship by birth, descent, registration, and naturalization.
• Immigration Rules (HC395): Extensive document covering various aspects of UK immigration. Includes detailed appendices, interpreted definitions, and specific parameters for different categories. Rules concerning leave to enter/remain, family members, grounds for refusal, and procedure/appeals are mentioned.

Key Definitions and Concepts

• Common Travel Area: Includes UK, Channel Islands, Isle of Man, and Ireland. No border controls.
• Adequate Maintenance and Accommodation: Income, after taxes, housing costs, must be equal to income support levels.
• Administrative Review: A review under the immigration rules; Appendix AR relates.
• Illegal Entry/Illegal Working(Immigration Act 1971): Various sections pertaining to illegal entry, deception related to immigration, and illegal working.
• Breach of immigration laws: Includes offenses like overstaying, illegal entry, breaching conditions of leave, and employing deception.
• English Language Requirement: Detailed in Appendix English Language, specifying requirements for various visa categories (Student, Skilled Worker, business, religious, sports, Ancestry, Global Talent, Start-up, Innovator Founder, Temporary Work, Domestic Worker, High Potential, Settlement Family Life, Private life, Scale-up, Hong Kong British National (Overseas)).

Appeals and Procedure

• Appeals: Rights of appeal exist for protection claims, human rights claims, and revocation of protection status (Nationality Immigration and Asylum Act 2002).
• Notice of Appeal (Tribunal Procedure Rules 2014): Time limits for filing appeals vary based on location (UK or outside).
• Citizens' Rights Immigration Decisions: Separate appeal procedures exist as outlined in r. 19 of the Tribunal Procedure Rules 2014.

English Language Requirements (Appendix English Language)

• Exemptions: Applicants aged 65+ or under 18, with disabilities preventing meeting the requirement, or partners/parents/dependents over 18 who have spent 15 continuous years in the UK with permission, meeting A2 CEFR or ESOL entry level 2 or Scottish Credit and Qualification Framework level 3, providing confirmation from a qualified English teacher of 75+ guided learning hours in the last 12 months, are unlikely to reach B1 level.
• Meeting the Requirement: Meeting any requirement in EL 3-6 fulfills the English language requirement; similarly for student applicants meeting criteria in EL 7.1-8.4, Skilled Workers satisfying EL 7.1, 7.2, or 9.1.; Start-ups, Innovator Founders, and Scale-ups meeting EL 7.1 and 7.2; High Potential Individuals, applicants from Settlement Family Life or Private Life and International Sportspeople meeting EL 7.1 and 7.2.
• Previous Successful Applications: Applicants who have successfully met the English language requirement in a previous application for entry clearance or permission to stay will meet the requirement for their current application.
• Majority English-Speaking Countries: Nationals from majority English-speaking countries (e.g. US, Australia, UK) meet the english language requirement.
• Academic Qualifications: Applicants with a UK bachelor’s, master’s, or doctorate degree, or a degree/degree-level qualification taught in a majority-English-speaking country listed in EL 4.1 (excluding Canada) or Ireland meeting or exceeding the recognised standard of a UK bachelor’s, master’s, or doctorate degree; or a degree/degree level qualification exceeding a UK bachelor’s, master’s, or doctorate degree taught or researched in English. (Evidence required varies by awarding body).
• English Language Tests: Applicants can meet the requirement by providing a valid digital reference number from an approved provider demonstrating passage of an approved English language test to the required level in required components within 2 years of application. (Refer to GOV.UK for up-to-date list of approved providers/tests.)
• GCSE/A Level English: Applicants can meet requirements by having a GCSE, A-level, Scottish National Qualification (level 4 or 5), Scottish Higher or Advanced Higher in English (language or literature), awarded by a regulated body (Ofqual, SQA, Qualifications Wales or CCEA) following education undertaken in a UK school while under 18. (Evidence: awarding body certificate or official transcript).
• Student Applicants: Students fulfilling degree-level or higher education requirements with sponsorship from providers who have assessed English ability according to B2 level or higher Common European Framework for Language Learning or alternative specified standard. Short-term study abroad programs of up to 6 months in the US leading to a UK bachelor’s degree level or higher academic qualification are applicable as well.
• Skilled Workers: Skilled Workers sponsored to work in specific regulated professions (doctor, dentist, nurse, midwife, veterinarian) will have their English language requirement met through passage on an English Language assessment by the relevant professional body.