OISC Level 1 Exam Resource Book November 2024 PDF

OISC LEVEL 1 EXAM RESOURCE BOOK NOVEMBER 2024 VERSION This version of the resource book contains the law as of 8 November 2024. This Resource Book has been published solely for the purpose of assisting candidates with their OISC examination and preparation for the exam. For any other purpose, you should be using up to date materials on the GOV.UK website. Although great care has been taken in the compilation and preparation of this book to ensure accuracy, the OISC cannot in any circumstances accept responsibility for any errors or omissions. Contents Note: the Appendices to the Immigration Rules have been listed alphabetically for ease of reference. November 2024 edition updating note.................................................................................................... 3 Immigration Act 1971 ss 1, 3(5), 3(6), 3C, 24, 24A, 24B, 25, 25A.......................................................... 4 British Nationality Act 1981 ss 1-3, 4L, 6, 41A, 50(1) & (9), Sch 1 para 1, 2, 3.................................... 13 Immigration and Asylum Act 1999 s 10................................................................................................ 20 Nationality Immigration and Asylum Act 2002 s 82.............................................................................. 22 Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (r. 19 only). 23 Immigration Rules (HC395) (extract only)............................................................................................. 25 Index to the Immigration Rules..................................................................................................................... 25 Interpretation (paragraph 6, extract only)..................................................................................................... 27 Part 1 Leave to enter or stay in the UK (extract only - Rules 11-11B, 15, 24, 27, 28, 28A, 30, A34, 34A-X, 35, 39, 39B-E)................................................................................................................................... 37 Part 8 Family members – extract only: Children of settled parent(s) paras 297-299................................... 47 Part 9 Grounds for Refusal........................................................................................................................... 49 Appendix Adult Dependent Relative............................................................................................................. 61 Appendix Administrative Review.................................................................................................................. 68 Appendix Children......................................................................................................................................... 73 Appendix Continuous Residence.................................................................................................................. 77 Appendix English Language......................................................................................................................... 81 Appendix EU................................................................................................................................................. 84 Appendix EU (Family Permit)..................................................................................................................... 138 Appendix FM – Family Members................................................................................................................ 165 Appendix FM-SE – Family Members Specified Evidence.......................................................................... 196 Appendix Finance....................................................................................................................................... 219 Appendix Graduate..................................................................................................................................... 222 Appendix KoLL............................................................................................................................................ 227 1 Appendix KOL UK....................................................................................................................................... 235 Appendix Long Residence.......................................................................................................................... 236 Appendix Relationship with Partner............................................................................................................ 241 Appendix Returning Resident..................................................................................................................... 243 Appendix Immigration Salary List............................................................................................................... 246 Appendix Skilled Occupations (extracts only)............................................................................................ 249 Appendix Skilled Worker............................................................................................................................. 252 Appendix Student........................................................................................................................................ 279 Appendix Temporary Work: Religious Worker........................................................................................... 295 Appendix Tuberculosis (TB)....................................................................................................................... 303 Appendix UK Ancestry................................................................................................................................ 308 Appendix V: Visitor...................................................................................................................................... 315 Appendix Visitor: Permitted Activities......................................................................................................... 324 Appendix Visitor: Visa national list.............................................................................................................. 328 Home Office guidance Part 8 – Family Migration: Adequate Maintenance & Accommodation.......... 332 The Immigration (Health Charge) Order 2015.................................................................................... 336 List of Commonwealth Countries by Region....................................................................................... 342 2 November 2024 edition updating note This version the Resource Book has been updated to include minor amendments to the Immigration Rules now brought into force (as of 8 November 2024) by Statement of Changes HC217 published on 10 September 2024. The Rules have been amended to take account of the following paragraphs of HC217: APP VN2 APP VN10 APP AR1 APP AR3 to APP AR5 APP SW3 INTRO1 7.1 9.1 to 9.3 9.6 to 9.9 APP AR2 APP EU1 TO APP EU11 APP FM1 APP KOLL1 to APP KOLL6 APP SW1 and APP SW2 APP SW4 to APP SW8 APP SO1 and APP SO2 APP EL1 APP KOLUK1 APP FIN1 APP CR1 to APP CR29 APP RWP1 APP CHI1 TO APP CHI3 9.4 and 9.5 APP FM-SE1 to APP FM-SE5 The extract from Paragraph 6 of the immigration Rules (Interpretation) has been expanded. The list of Commonwealth countries has been updated. There have also been minor corrections to the content page, and some minor stylistic changes. 3 Immigration Act 1971 ss 1, 3(5), 3(6), 3C, 24, 24A, 24B, 25, 25A Immigration Act 1971 PART I REGULATION OF ENTRY INTO AND STAY IN UNITED KINGDOM 1 General principles 2 Statement of right of abode in United Kingdom 2A Deprivation of right of abode 3 General provisions for regulation and control 3A Further provision as to leave to enter 3B Further provision as to leave to remain 3C Continuation of leave pending variation decision 3D... 5 Procedure for, and further provisions as to, deportation 6 Recommendations by court for deportation 7 Exemption from deportation for certain existing residents PART III CRIMINAL PROCEEDINGS 24 Illegal entry and similar offences 24A Deception 24B Illegal working 25 Assisting unlawful immigration to member State 25A Helping asylum-seeker to enter United Kingdom 26 General offences in connection with administration of Act SCHEDULE 2 Administrative Provisions as to Control on Entry etc Part I General Provisions 1.— General principles. (1) All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in, and to come and go into and from, the United Kingdom without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person. (2) Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act; and indefinite leave to enter or remain in the United Kingdom shall, by virtue of this provision, be treated as having been given under this Act to those in the United Kingdom at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain). (3) Arrival in and departure from the United Kingdom on a local journey from or to any of the Islands (that is to say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the United Kingdom on so arriving, except in so far as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the United Kingdom and those places, or such of them as are not so excluded, are collectively referred to as “the common travel area”. (4) The rules laid down by the Secretary of State as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the United Kingdom of persons not having the right of abode shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the rules, and subject or not to conditions as to length of stay or otherwise) persons coming for the purpose of taking employment, or for purposes of study, or as visitors, or as dependants of persons lawfully in or entering the United Kingdom. 3.— General provisions for regulation and control. (5) A person who is not a British citizen is liable to deportation from the United Kingdom if— (a) the Secretary of State deems his deportation to be conducive to the public good; or 4 (b) another person to whose family he belongs is or has been ordered to be deported. (5A) The Secretary of State may not deem a relevant person's deportation to be conducive to the public good under subsection (5) if the person's deportation— (a) would be in breach of the obligations of the United Kingdom under Article 20 of the EU withdrawal agreement , Article 19 of the EEA EFTA separation agreement, or Article 17 or 20(3) of the Swiss citizens' rights agreement, or (b) would be in breach of those obligations if the provision in question mentioned in paragraph (a) applied in relation to the person. (6) Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so. (6A) A court may not recommend under subsection (6) that a relevant person be deported if the offence for which the person was convicted consisted of or included conduct that took place before IP completion day. 3C Continuation of leave pending variation decision 3C Continuation of leave pending variation decision (1) This section applies if— (a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave, (b) the application for variation is made before the leave expires, and (c) the leave expires without the application for variation having been decided. (2) The leave is extended by virtue of this section during any period when— (a) the application for variation is neither decided nor withdrawn, (b) an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought , while the appellant is in the United Kingdom2 against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), (c) an appeal under that section against that decision , brought while the appellant is in the United Kingdom,4 is pending (within the meaning of section 104 of that Act) (ca) an appeal could be brought under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 ("the 2020 Regulations"), while the appellant is in the United Kingdom, against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), (cb) an appeal under the 2020 Regulations against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of those Regulations), or (d) an administrative review of the decision on the application for variation— (i) could be sought, or (ii) is pending. (3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom. (3A) Leave extended by virtue of this section may be cancelled if the applicant— (a) has failed to comply with a condition attached to the leave, or 5 (b) has used or uses deception in seeking leave to remain (whether successfully or not). (4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section. (5) But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a). (6) The Secretary of State may make regulations determining when an application is decided for the purposes of this section; and the regulations– (a) may make provision by reference to receipt of a notice, (b) may provide for a notice to be treated as having been received in specified circumstances, (c) may make different provision for different purposes or circumstances, (d) shall be made by statutory instrument, and (e) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section— “administrative review” means a review conducted under the immigration rules; the question of whether an administrative review is pending is to be determined in accordance with the immigration rules. 24.— Illegal entry and similar offences. (A1) A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence. (B1) A person who— (a) requires leave to enter the United Kingdom under this Act, and (b) knowingly enters the United Kingdom without such leave, commits an offence. (C1) A person who— (a) has only a limited leave to enter or remain in the United Kingdom, and (b) knowingly remains beyond the time limited by the leave, commits an offence. (D1) A person who— (a) requires entry clearance under the immigration rules, and (b) knowingly arrives in the United Kingdom without a valid entry clearance, commits an offence. (F1) A person who commits an offence under any of subsections (A1) to (E1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); (d) on conviction on indictment— (i) for an offence under subsection (A1), to imprisonment for a term not exceeding five years or a fine (or both); (ii) for an offence under any of subsections (B1) to (E1), to imprisonment for a term 6 not exceeding four years or a fine (or both). (G1) In relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in subsection (F1)(a) to 12 months is to be read as a reference to six months. (1) A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:— (b) if, having only a limited leave to enter or remain in the United Kingdom, he knowingly fails to observe a condition of the leave; (c) if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1); (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer; (f) if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom; (g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act (h) if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule. (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave. (…) (3) The extended time limit for prosecutions which is provided for by section 28(1) below shall apply to offences under subsections (A1), (B1), (C1), (D1), (E1) and (1)(c) above. (3A) The extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above. (4) In proceedings for an offence [under subsection (B1)]14 above of entering the United Kingdom without leave,— (a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved; (b) proof that a person had leave to enter the United Kingdom shall lie on the defence (5) In proceedings for an offence under subsection (D1) above of arriving in the United Kingdom without a valid entry clearance— (a) any document attached to a passport or other travel document purporting to have been issued by the Secretary of State for the purposes of providing evidence of entry clearance for a particular period is to be presumed to have been duly so issued unless the contrary is proved; (b) proof that a person had a valid entry clearance is to lie on the defence. 24A.— Deception (1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him— 7 (a) he obtains or seeks to obtain – (i) leave to enter or remain in the United Kingdom; or (ii) an ETA; or (b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him. (2) “Enforcement action”, in relation to a person, means— (a) the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999; (b) the making of a deportation order against him under section 5 of this Act; or (c) his removal from the United Kingdom in consequence of directions or a deportation order. (3) A person guilty of an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both. 24B Illegal working (1) A person (“P”) who is subject to immigration control commits an offence if— (a) P works at a time when P is disqualified from working by reason of P's immigration status, and (b) at that time P knows or has reasonable cause to believe that P is disqualified from working by reason of P's immigration status. (2) For the purposes of subsection (1) a person is disqualified from working by reason of the person's immigration status if— (a) the person has not been granted leave to enter or remain in the United Kingdom, or (b) the person's leave to enter or remain in the United Kingdom— (i) is invalid, (ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or (iii) is subject to a condition preventing the person from doing work of that kind. (3) A person who is guilty of an offence under subsection (1) is liable on summary conviction— (a) in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine, or both, (b) in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale, or both. (4) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months. 8 (5) If a person is convicted of an offence under subsection (1) in England and Wales, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 70 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered). (6) If a person is convicted of an offence under subsection (1) in Scotland, the prosecutor must consider whether to ask the court to act under section 92 of the Proceeds of Crime Act 2002 (making of confiscation order). (7) If a person is convicted of an offence under subsection (1) in Northern Ireland, the prosecutor must consider whether to ask the court to commit the person to the Crown Court under section 218 of the Proceeds of Crime Act 2002 (committal with view to confiscation order being considered). (8) The reference in subsection (1) to a person who is subject to immigration control is to a person who under this Act requires leave to enter or remain in the United Kingdom. (9) Where a person is on immigration bail within the meaning of Part 1 of Schedule 10 to the Immigration Act 2016— (a) the person is to be treated for the purposes of subsection (2) as if the person had been granted leave to enter the United Kingdom, but (b) any condition as to the person's work in the United Kingdom to which the person's immigration bail is subject is to be treated for those purposes as a condition of leave. (10) The reference in subsection (1) to a person working is to that person working— (a) under a contract of employment, (b) under a contract of apprenticeship, (c) under a contract personally to do work, (d) under or for the purposes of a contract for services, (e) for a purpose related to a contract to sell goods, (f) as a constable, (g) in the course of Crown employment, (h) as a relevant member of the House of Commons staff, or (i) as a relevant member of the House of Lords staff. (11) In subsection (10)— “contract to sell goods” means a contract by which a person acting in the course of a trade, business, craft or profession transfers or agrees to transfer the property in goods to another person (and for this purpose “goods” means any tangible moveable items); “Crown employment” — (a) in relation to England and Wales and Scotland, has the meaning given by section 191(3) of the Employment Rights Act 1996; (b) in relation to Northern Ireland, has the meaning given by Article 236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI 1996/1919 (NI 16)); “relevant member of the House of Commons staff” has the meaning given by section 195(5) of the Employment Rights Act 1996; 9 “relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996. (12) Subsection (1) does not apply to— (a) service as a member of the naval, military or air forces of the Crown, or (b) employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996. (13) In this section “contract” means a contract whether express or implied and, if express, whether oral or in writing. 25 Assisting unlawful immigration to member State or the United Kingdom (1) A person commits an offence if he— (a) does an act which facilitates the commission of a breach or attempted breach of immigration law by an individual who is not a national of the United Kingdom, (b) knows or has reasonable cause for believing that the act facilitates the commission of a breach or attempted breach of immigration law by the individual, and (c) knows or has reasonable cause for believing that the individual is not a national of the United Kingdom. (2) In subsection (1) “immigration law” means a law which has effect in a member State or the United Kingdom and which controls, in respect of some or all persons who are not nationals of the State or, as the case may be, of the United Kingdom, entitlement to— (a) enter or arrive in the State or the United Kingdom, (b) transit across the State or the United Kingdom, or (c) be in the State or the United Kingdom. (2A) In subsections (1) and (2), "national of the United Kingdom" means— (a) a British citizen; (b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or (b) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. (3) A document issued by the government of a member State certifying a matter of law in that State— (a) shall be admissible in proceedings for an offence under this section, and (b) shall be conclusive as to the matter certified. (4) Subsection (1) applies to things done whether inside or outside the United Kingdom. (5) repealed (6) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for life, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. 10 (7) In this section– (a) a reference to a member State includes a reference to Norway or Iceland. 25A Helping asylum-seeker to enter United Kingdom (1) A person commits an offence if— (a) he knowingly facilitates the arrival or attempted arrival in, or the entry or attempted entry into, the United Kingdom of an individual, and (b) he knows or has reasonable cause to believe that the individual is an asylum-seeker. (2) In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom's obligations under— (a) the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or (b) the Human Rights Convention (within the meaning given by that section). (3) Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which— (a) aims to assist asylum-seekers, and (b) does not charge for its services. (4) subsections (4) and (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section. 26.— General offences in connection with administration of Act. (1) A person shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases— (a) if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act; (b) if, without reasonable excuse, he refuses to fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce; (c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of a relevant enactment a return, statement or representation which he knows to be false or does not believe to be true; (d) if, without lawful authority, he alters any certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false; (e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act; (f) if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above; (g) if, without reasonable excuse, he obstructs an immigration officer or other person lawfully 11 acting in the execution of this Act. (h) if, without reasonable excuse, the person fails to comply with a direction under paragraph 1(6) of Schedule 2 (direction to move a container for purposes of a search). (2) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above. (3) “Relevant enactment” means— (a) this Act; (b) the Immigration Act 1988; (c) the Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5 ); (d) the Immigration and Asylum Act 1999 (apart from Part VI ); or (e) the Nationality, Immigration and Asylum Act 2002 (apart from Part 5). 12 British Nationality Act 1981 ss 1-3, 4L, 6, 41A, 50(1) & (9), Sch 1 para 1, 2, 3 British Nationality Act 1981 1981 CHAPTER 61 PART I BRITISH CITIZENSHIP Acquisition after commencement 1 Acquisition by birth or adoption 2 Acquisition by descent 3 Acquisition by registration: minors 4L Acquisition by registration: special circumstances 6 Acquisition by naturalisation 14 Meaning of British citizen “by descent” 31 Defences based on Article 31(1) of the Refugee Convention 40 Deprivation of citizenship 40A Deprivation of citizenship: appeal 41A Registration: requirement to be of good character 42 Registration and naturalisation: citizenship ceremony, oath and pledge 50 Interpretation 50A Meaning of references to being in breach of immigration laws 51 Meaning of certain expressions relating to nationality in other Acts and instruments 52 Consequential amendments, transitional provisions, repeals and savings 53 Citation, commencement and extent SCHEDULES SCHEDULE 1 Requirements for Naturalisation PART I BRITISH CITIZENSHIP 1.— Acquisition by birth or adoption. (1) A person born in the United Kingdom after commencement, or in a qualifying territory on or after the appointed day, shall be a British citizen if at the time of the birth his father or mother is— (a) a British citizen; or (b) settled in the United Kingdom or that territory. (1A) A person born in the United Kingdom or a qualifying territory on or after the relevant day shall be a British citizen if at the time of the birth his father or mother is a member of the armed forces. (2) A new-born infant who, after commencement, is found abandoned in the United Kingdom, or on or after the appointed day is found abandoned in a qualifying territory, shall, unless the contrary is shown, be deemed for the purposes of subsection (1)— (a) to have been born in the United Kingdom after commencement or in that territory on or after the appointed day; and (b) to have been born to a parent who at the time of the birth was a British citizen or settled in the United Kingdom or that territory. (3) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor— (a) his father or mother becomes a British citizen or becomes settled in the United Kingdom; and (b) an application is made for his registration as a British citizen. (3A) A person born in the United Kingdom on or after the relevant day who is not a British citizen by 13 virtue of subsection (1), (1A) or (2) or section 10A shall be entitled to be registered as a British citizen if, while he is a minor— (a) his father or mother becomes a member of the armed forces; and (b) an application is made for his registration as a British citizen. (4) A person born in the United Kingdom after commencement who is not a British citizen by virtue of subsection (1), (1A) or (2) or section 10A shall be entitled, on an application for his registration as a British citizen made at any time after he has attained the age of ten years, to be registered as such a citizen if, as regards each of the first ten years of that person's life, the number of days on which he was absent from the United Kingdom in that year does not exceed 90. (5) Where— (a) any court in the United Kingdom or, on or after the appointed day, any court in a qualifying territory makes an order authorising the adoption of a minor who is not a British citizen; or (b) a minor who is not a British citizen is adopted under a Convention adoption effected under the law of a country or territory outside the United Kingdom, that minor shall, if the requirements of subsection (5A) are met, be a British citizen as from the date on which the order is made or the Convention adoption is effected, as the case may be. (5A) Those requirements are that on the date on which the order is made or the Convention adoption is effected (as the case may be)— (a) the adopter or, in the case of a joint adoption, one of the adopters is a British citizen; and (b) in a case within subsection (5)(b), the adopter or, in the case of a joint adoption, both of the adopters are habitually resident in the United Kingdom or in a designated territory. (6) Where an order or a Convention adoption in consequence of which any person became a British citizen by virtue of subsection (5) ceases to have effect, whether on annulment or otherwise, the cesser shall not affect the status of that person as a British citizen. (7) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of subsection (4) treat the person to whom the application relates as fulfilling the requirement specified in that subsection although, as regards any one or more of the first ten years of that person's life, the number of days on which he was absent from the United Kingdom in that year or each of the years in question exceeds 90. (8) In this section and elsewhere in this Act “settled” has the meaning given by section 50. (9) The relevant day for the purposes of subsection (1A) or (3A) is the day appointed for the commencement of section 42 of the Borders, Citizenship and Immigration Act 2009 (which inserted those subsections). 2.— Acquisition by descent. (1) A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother— (a) is a British citizen otherwise than by descent; or (b) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service to which this paragraph applies, his or her recruitment for that service having taken place in the United Kingdom or a qualifying territory; or (c) is a British citizen and is serving outside the United Kingdom and the qualifying territories in service under an EU institution, his or her recruitment for that service having taken place in a country which at the time of the recruitment was a member of the European Union. (2) Paragraph (b) of subsection (1) applies to— (a) Crown service under the government of the United Kingdom or of a qualifying territory; 14 and (b) service of any description for the time being designated under subsection (3). (3) For the purposes of this section the Secretary of State may by order made by statutory instrument designate any description of service which he considers to be closely associated with the activities outside the United Kingdom and the qualifying territories of Her Majesty's government in the United Kingdom or in a qualifying territory. (4) Any order made under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3.— Acquisition by registration: minors. (1) If while a person is a minor an application is made for his registration as a British citizen, the Secretary of State may, if he thinks fit, cause him to be registered as such a citizen. (2) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the requirements specified in subsection (3) or, in the case of a person born stateless, the requirements specified in paragraphs (a) and (b) of that subsection, are fulfilled in the case of either that person's father or his mother (“the parent in question”). (3) The requirements referred to in subsection (2) are— (a) that the parent in question was a British citizen by descent at the time of the birth; and (b) that the father or mother of the parent in question— (i) was a British citizen otherwise than by descent at the time of the birth of the parent in question; or (ii) became a British citizen otherwise than by descent at commencement, or would have become such a citizen otherwise than by descent at commencement but for his or her death; and (c) that, as regards some period of three years ending with a date not later than the date of the birth— (i) the parent in question was in the United Kingdom or a qualifying territory at the beginning of that period; and (ii) the number of days on which the parent in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270. (5) A person born outside the United Kingdom and the qualifying territories shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely— (a) that at the time of that person's birth his father or mother was a British citizen by descent; and (b) subject to subsection (6), that that person and his father and mother were in the United Kingdom or a qualifying territory at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom and the qualifying territories in that period does not exceed 270; and (c) subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner. 15 (6) In the case of an application under subsection (5) for the registration of a person as a British citizen— (a) if his father or mother died, or their marriage or civil partnership was terminated, on or before the date of the application, or his father and mother were legally separated on that date, the references to his father and mother in paragraph (b) of that subsection shall be read either as references to his father or as references to his mother; and (b) if his father or mother died on or before that date, the reference to his father and mother in paragraph (c) of that subsection shall be read as a reference to either of them. 4L. – Acquisition by registration: special circumstances (1) If an application is made for a person of full age and capacity ("P") to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State's opinion, P would have been, or would have been able to become, a British citizen but for— (a) historical legislative unfairness, (b) an act or omission of a public authority, or (c) exceptional circumstances relating to P. (3) For the purposes of subsection (1)(a), "historical legislative unfairness" includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person's nationality status— (a) treated males and females equally, (b) treated children of unmarried couples in the same way as children of married couples, or (c) treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father. (4) In subsection (1)(b), "public authority" means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal. (5) In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character. 6.— Acquisition by naturalisation. (1) If, on an application for naturalisation as a British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. (2) If, on an application for naturalisation as a British citizen made by a person of full age and capacity who on the date of the application is married to a British citizen or is the civil partner of a British citizen, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen. 41A Registration: requirement to be of good character (1) An application for registration of an adult or young person as a British citizen under section 1(3), (3A) or (4), 3(1), (2) or (5), 4(2) or (5), 4A, 4D, 5, 10(1) or (2) or 13(1) or (3) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. (1A) An application for registration of an adult or young person as a British citizen under section 4F, so far as the relevant registration provision (as defined in section 4F(2)) is section 1(3), 3(2), 3(5) or 4D , must not be granted unless the Secretary of State is satisfied that the adult or young person is of 16 good character. (2) An application for registration of an adult or young person as a British overseas territories citizen under section 15(3) or (4), 17(1), (2) or (5), 22(1) or (2) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. (2A) An application for registration of an adult or young person as a British overseas territories citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2)) is section 15(3), 17(2) or 17(5), must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. (2B) Subsection (2C) applies to an application for registration of an adult or young person as a British citizen under section 4K who is, or would have been, entitled to be registered as a British overseas territories citizen under section 17C, so far as the relevant registration provision (as defined in section 17C(2)) is section 15(3), 17(2) or 17(5). (2C) The application must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. (3) An application for registration of an adult or young person as a British Overseas citizen under section 27(1) must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. (4) An application for registration of an adult or young person as a British subject under section 32 must not be granted unless the Secretary of State is satisfied that the adult or young person is of good character. (5) In this section, “adult or young person” means a person who has attained the age of 10 years at the time when the application is made. 50.— Interpretation (1) In this Act, unless the context otherwise requires— (9) For the purposes of this Act a child's mother is the woman who gives birth to the child. (9A) For the purposes of this Act a child's father is— (a) the husband or rmale civil partner, at the time of the child's birth, of the woman who gives birth to the child, or (b) where a person is treated as the father of the child under section 28 of the Human Fertilisation and Embryology Act 1990 or section 35 or 36 of the Human Fertilisation and Embryology Act 2008, that person, or (ba) where a person is treated as a parent of the child under section 42 or 43 of the Human Fertilisation and Embryology Act 2008, that person, or (c) where none of paragraphs (a) to (ba) applies, a person who satisfies prescribed requirements as to proof of paternity. (9B) In subsection (9A)(c) “prescribed” means prescribed by regulations of the Secretary of State; and the regulations— (a) may confer a function (which may be a discretionary function) on the Secretary of State or another person, (b) may make provision which applies generally or only in specified circumstances, (c) may make different provision for different circumstances, (d) must be made by statutory instrument, and 17 (e) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (9C) The expressions “parent”, “child” and “descended” shall be construed in accordance with subsections (9) and (9A). Schedule 1 REQUIREMENTS FOR NATURALISATION Naturalisation as a British citizen under section 6(1) 1.— (1) Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it— (a) the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and (b) that he is of good character; and (c) that he has a sufficient knowledge of the English, Welsh or Scottish Gaelic language; and (ca) that he has sufficient knowledge about life in the United Kingdom; and (d) that either— (i) his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or (ii) he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty's government therein is a member, or service in the employment of a company or association established in the United Kingdom. (2) The requirements referred to in sub-paragraph (1)(a) of this paragraph are— (a) that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and (b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and (c) that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and (d) that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws. (3) The alternative requirement referred to in sub-paragraph (1)(a) of this paragraph is that on the date of the application he is serving outside the United Kingdom in Crown service under the government of the United Kingdom. 2. (1) If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely— 18 (za) treat the applicant as fulfilling the first requirement specified in paragraph 1(2)(a) although the applicant was not in the United Kingdom at the beginning of the period there mentioned; (a) treat the applicant as fulfilling the [second requirement specified in paragraph 1(2)(a) or the requirement specified in paragraph 1(2)(b)]3, or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned; (b) treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent; (c) disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application; (d) treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned; (e) waive the need to fulfil either or both of the requirements specified in paragraph 1(1)(c) and (ca) if he considers that because of the applicant's age or physical or mental condition it would be unreasonable to expect him to fulfil that requirement or those requirements. (1A) Sub-paragraph (1B) applies where the applicant has indefinite leave to enter or remain in the United Kingdom. (1B) The Secretary of State may for the purposes of paragraph 1 treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d), without enquiring into whether or not the applicant was in the United Kingdom in breach of the immigration laws in the period there mentioned. (1C) The reference in sub-paragraph (1A) to having indefinite leave to enter or remain is to be construed in accordance with the Immigration Act 1971. Naturalisation as a British citizen under section 6(2) 3. Subject to paragraph 4, the requirements for naturalisation as a British citizen under section 6(2) are, in the case of any person who applies for it— (a) that he was in the United Kingdom at the beginning of the period of three years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 270; and (b) that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and (c) that on the date of the application he was not subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and (d) that he was not at any time in the period of three years ending with the date of the application in the United Kingdom in breach of the immigration laws; and (e) the requirements specified in paragraph 1(1)(b), (c) and (ca). 19 Immigration and Asylum Act 1999 s 10 Immigration and Asylum Act 1999 PART I IMMIGRATION: GENERAL Leave to enter, or remain in, the United Kingdom 10 Removal of persons unlawfully in the United Kingdom PART V IMMIGRATION ADVISERS AND IMMIGRATION SERVICE PROVIDERS Interpretation 82 Interpretation of Part V The Immigration Services Commissioner 83 The Commissioner The general prohibition 84 Provision of immigration services 85 Registration exemption by the Commissioner 86 Designated professional bodies 86A Designated qualifying regulators Appeals to the First-tier Tribunal 87 Appeals to the First-tier Tribunal 88 Appeal upheld by the First-tier Tribunal 89 Disciplinary charge upheld by the First-tier Tribunal 90 Orders by disciplinary bodies Enforcement 91 Offences 92 Enforcement 92A Investigation of offence: power of entry 92B Advertising 10 Removal of persons unlawfully in the United Kingdom (1) A person may be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer if the person requires leave to enter or remain in the United Kingdom but does not have it. (2) Where a person (“P”) is liable to be or has been removed from the United Kingdom under subsection (1), a member of P's family who meets the following three conditions may also be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer, provided that the Secretary of State or immigration officer has given the family member written notice of the intention to remove him or her. (3) The first condition is that the family member is— (a) P's partner, (b) P's child, or a child living in the same household as P in circumstances where P has care of the child, (c) in a case where P is a child, P's parent, or (d) an adult dependent relative of P. (4) The second condition is that— (a) in a case where the family member has leave to enter or remain in the United Kingdom, that leave was granted on the basis of his or her family life with P; 20 (b) in a case where the family member does not have leave to enter or remain in the United Kingdom, in the opinion of the Secretary of State or immigration officer the family member— (i) would not, on making an application for such leave, be granted leave in his or her own right, but (ii) would be granted leave on the basis of his or her family life with P, if P had leave to enter or remain. 5) The third condition is that the family member is none of the following— (a) a British citizen, (b) an Irish citizen, (c) a person who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules. (6) A notice given to a family member under subsection (2) invalidates any leave to enter or remain in the United Kingdom previously given to the family member. (7) For the purposes of removing a person from the United Kingdom under subsection (1) or (2), the Secretary of State or an immigration officer may give any such direction for the removal of the person as may be given under paragraphs 8 to 10 of Schedule 2 to the 1971 Act. (8) But subsection (7) does not apply where a deportation order is in force against a person (and any directions for such a person's removal must be given under Schedule 3 to the 1971 Act). (9) The following paragraphs of Schedule 2 to the 1971 Act apply in relation to directions under subsection (7) (and the persons subject to those directions) as they apply in relation to directions under paragraphs 8 to 10 of Schedule 2 (and the persons subject to those directions)— (a) paragraph 11 (placing of person on board ship or aircraft); (b) paragraph 16(2) to (4) (detention of person where reasonable grounds for suspecting removal directions may be given or pending removal in pursuance of directions); (c) paragraph 17 (arrest of person liable to be detained and search of premises for person liable to arrest); (d) paragraph 18 (supplementary provisions on detention); (e) paragraph 18A (search of detained person); (f) paragraph 18B (detention of unaccompanied children); (g) paragraphs 19 and 20 (payment of expenses of custody etc);... (j) paragraphs 25A to 25E (searches etc). (10) The Secretary of State may by regulations make further provision about— (a) the time period during which a family member may be removed under this section; (b) the service of a notice under subsection (2) or sections 10A to 10E. (11) In this section “child” means a person who is under the age of 18. 21 Nationality Immigration and Asylum Act 2002 s 82 Part 5 Appeals in respect of Protection and Human Rights Claims Appeal to Tribunal 82 Right of appeal to the Tribunal (1) A person (“P”) may appeal to the Tribunal where— (a) the Secretary of State has decided to refuse a protection claim made by P, (b) the Secretary of State has decided to refuse a human rights claim made by P, or (c) the Secretary of State has decided to revoke P's protection status. (2) For the purposes of this Part— (a) a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom— (i) would breach the United Kingdom's obligations under the Refugee Convention, or (ii) would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection; (b) P's protection claim is refused if the Secretary of State makes one or more of the following decisions— (i) that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention; (ii) that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection; (c) a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection; (d) “humanitarian protection” is to be construed in accordance with the immigration rules; (e) “refugee” has the same meaning as in the Refugee Convention. (3) The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part. 22 Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (r. 19 only) CHAPTER 1 BEFORE THE HEARING 19 Notice of appeal Part 3 Proceedings Before the Tribunal Chapter 1 Before the Hearing 19 Notice of appeal (1) An appellant must start proceedings by providing a notice of appeal to the Tribunal. (2) If the person is in the United Kingdom, the notice of appeal must be received not later than 14 days after they are sent the notice of the decision against which the appeal is brought. (3) If the person is outside the United Kingdom, the notice of appeal must be received-- (a) not later than 28 days after their departure from the United Kingdom if the person-- (i) was in the United Kingdom when the decision against which they are appealing was made, and (ii) may not appeal while they are in the United Kingdom by reason of a provision of the 2002 Act; or (b) in any other case, not later than 28 days after they receive the notice of the decision. (3A) But paragraphs (2) and (3) do not apply in relation to the bringing of an appeal against a citizens' rights immigration decision. "A citizens' rights immigration decision" is a decision which can be appealed against under the 2020 Regulations. (3B) The notice of appeal in relation to an appeal against a citizens' rights immigration decision must be received— (a) if the person is in the United Kingdom, not later than 14 days after the appellant is sent the notice of the decision; (b) if the person is outside the United Kingdom, not later than 28 days after the appellant receives the notice of the decision. But this paragraph is subject to paragraph (3D). (3C) Paragraph (3D) applies where— (a) a person ("P") applies for an administrative review of a citizens' rights immigration decision ("the original decision") under the relevant rules, and (b) P had not, before P receives notice of the decision on administrative review, started proceedings in relation to the original decision. (3D) Where this paragraph applies, the notice of appeal against the original decision must be received— (a)if P is in the United Kingdom, within the period of 14 days beginning with the day— (i)P is sent the notice of the decision on administrative review, or (ii)P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review; (b)if P is outside the United Kingdom, within the period of 28 days beginning with the day— (i)P is sent the notice of the decision on administrative review, or 23 (ii)P sends a notice of withdrawal of administrative review to the Secretary of State, where P has not been sent a notice of the decision on administrative review. (3E) In this rule, "the relevant rules" means— (a) residence scheme immigration rules or relevant entry clearance immigration rules (within the meanings given in section 17 of the European Union (Withdrawal Agreement) Act 2020), or (b) the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (see regulations 21 to 23 of those Regulations). (4) The notice of appeal must-- (a) identify which of the available statutory grounds of appeal are relied upon; (b) be signed and dated by the appellant or their representative; (c) if the notice of appeal is signed by the appellant's representative, the representative must certify in the notice of appeal that it has been completed in accordance with the appellant's instructions. (5) The appellant must provide with the notice of appeal-- (a) the notice of decision against which the appellant is appealing or if it is not practicable to include the notice of decision, the reasons why it is not practicable; (b) any statement of reasons for that decision; (c) any documents in support of the appellant's case which have not been supplied to the respondent; (d) an application for the Lord Chancellor to issue a certificate of fee satisfaction; (e) any further information or documents required by an applicable practice direction. (6) The Tribunal must send a copy of the notice of appeal and the accompanying documents or information provided by the appellant to the respondent. (7) An appellant may, with the permission of the Tribunal, vary the grounds on which they rely in the notice of appeal. (8) A practice direction may require that, in a specified category of case, the notice of appeal must also set out the grounds of appeal. 24 Immigration Rules (HC395) (extract only) Index to the Immigration Rules NB: Each part of the Immigration Rules is listed in the index with further explanation. Only those parts of explanations which may be helpful have been included here. Immigration Rules: introduction This contains an explanation of who’s covered by the Immigration Rules, dates of effect and definitions/interpretations of the terms used. Immigration Rules part 1: leave to enter or stay in the UK. General provisions regarding entry clearance, leave to enter or remain in the United Kingdom (paragraphs 7 to 39E). Immigration Rules part 5: Persons seeking to enter or remain in the UK for employment Immigration Rules part 6: self-employment and business people Immigration Rules part 6A: the points-based system (paras 245AAA to 245ZZE) Immigration Rules part 7: other categories (paras A246 to 276BVI). Immigration Rules part 8: family members (paragraphs A277 to 319Y). Immigration Rules part 9: grounds for refusal Immigration Rules part 11: asylum (paragraphs 326A to 352H). Immigration Rules part 11A: temporary protection Immigration Rules part 11B: Asylum (Paragraphs 357 to 361) Immigration Rules part 12: Procedure and rights of appeal [Fresh claim para 353, 353A&B] Immigration Rules part 13: deportation Immigration Rules part 14: stateless persons Immigration Rules Appendix A: attributes Immigration Rules Appendix AR: administrative review Immigration Rules Appendix AR (EU) Immigration Rules Appendix Armed Forces Immigration Rules Appendix B: English language Immigration Rules Appendix C: maintenance (funds) Tier 1 (Entrepreneur) Immigration Rules Appendix E Immigration Rules Appendix ECAA: Extension of Stay Immigration Rules Appendix ECAA Settlement Immigration Rules Appendix EU Immigration Rules Appendix EU (Family Permit) Immigration Rules Appendix FM: family members Immigration Rules Appendix FM-SE: family members specified evidence Immigration Rules Appendix KoLL Immigration rules Appendix O: approved English language tests Immigration Rules Appendix SN: Service of notices Immigration Rules Appendix Settlement Protection Immigration Rules Appendix V: Visitor Immigration Rules Appendix Visitor: Permitted Activities Immigration Rules Appendix Visitor: Visa national list Immigration Rules Appendix Visitor: Permit Free Festival List Immigration Rules Appendix Visitor: Transit Without Visa Scheme Immigration Rules Appendix Electronic Travel Authorisation Immigration Rules Appendix S2 Healthcare Visitor Immigration Rules: Appendix Student Immigration Rules Appendix Short-term Student (English language) Immigration Rules Appendix Child Student Immigration Rules Appendix Parent of a Child Student Immigration Rules Appendix Graduate Immigration Rules Appendix Skilled Worker Immigration Rules Appendix Skilled Occupations 25 Immigration Rules Appendix Shortage Occupation List Immigration Rules Appendix Global Business Mobility routes Immigration Rules Appendix T2 Minister of Religion Immigration Rules Appendix Representative of an Overseas Business Immigration Rules Appendix UK Ancestry Immigration Rules Appendix Global Talent Immigration Rules Appendix Global Talent: Prestigious Prizes Immigration Rules Appendix High Potential Individual Immigration Rules Appendix Scale-up Immigration Rules Appendix Start-up Immigration Rules Appendix Innovator Founder Immigration Rules Appendix International Sportsperson Immigration Rules Appendix Sports Governing Bodies Immigration Rules Appendix Overseas Domestic Worker Immigration Rules Appendix Domestic Workers in a Private Household Immigration Rules Appendix Domestic Worker who is a Victim of Modern Slavery Immigration Rules Appendix Domestic Worker Statement Immigration Rules Appendix Temporary Work - Seasonal Worker Immigration Rules Appendix Youth Mobility Scheme Immigration Rules Appendix Youth Mobility Scheme: eligible nationals Immigration Rules Appendix Temporary Work – Creative Worker Immigration Rules Appendix Temporary Work – Religious Worker Immigration Rules Appendix Temporary Work - Charity Worker Immigration Rules Appendix Temporary Work - International Agreement Immigration Rules Appendix Temporary Work – Government Authorised Exchange Immigration Rules Appendix Government Authorised Exchange schemes Immigration Rules Appendix Creative Worker Codes of Practice Immigration Rules Appendix Service Providers from Switzerland Immigration Rules Appendix Hong Kong British National (Overseas) Immigration Rules Appendix Ukraine Scheme Immigration Rules Appendix Afghan Relocation and Assistance Policy (ARAP) Immigration Rules Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery Immigration Rules Appendix Family Reunion (Protection) Immigration Rules Appendix Child staying with or joining a Non-Parent Relative (Protection) Immigration Rules Appendix Adult Dependent Relative Immigration Rules Appendix Private Life Immigration Rules Appendix Settlement Family Life Immigration Rules Appendix Gurkha and Hong Kong military unit veteran discharged before 1 July 1997 Immigration Rules Appendix ATAS: Academic Technology Approval Scheme (ATAS) Immigration Rules Appendix English Language Immigration Rules Appendix KOL UK Immigration Rules Appendix Finance Immigration Rules Appendix Returning Resident Immigration Rules Appendix Continuous Residence Immigration Rules Appendix Relationship with Partner Immigration Rules Appendix Children Immigration Rules Appendix Tuberculosis (TB) 26 Interpretation (paragraph 6, extract only) 6.1. In these rules, unless the contrary intention appears, references to paragraphs are to paragraphs of the Immigration Rules (HC 395 as amended) made under section 3(2) of the Immigration Act 1971, and references to Appendices are to Appendices to those rules. 6.2. In these rules: (a) references to primary and secondary legislation refers to that legislation as amended from time to time; and (b) unless the contrary intention appears, the following definitions apply: “Adequate” and “adequately” in relation to a maintenance and accommodation requirement means that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the person or family the level of income or funds that would be available to them if the person or family was in receipt of income support. “Administrative review” means a review conducted in accordance with Appendix AR, or where applicable Appendix AR (EU). “Adoption” means an adoption in accordance with the requirements of Appendix Adoption, and “adopted” and “adoptive parent” shall be construed accordingly. “Application for asylum” has the meaning given in paragraph 327 of these rules. “Application for leave to remain” and “application for permission to stay” includes an application for variation of leave to enter or remain of a person in the UK. “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 an approved destination, signed on 21 January 2005. “Approved sponsor” means a sponsor which is listed in the register of licensed sponsors: workers or register of licensed sponsors: students on the gov.uk website as being licensed for the relevant route of these rules and found at: https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers https://www.gov.uk/government/publications/register-of-licensed-sponsors-students. “Biometric immigration document” means a document recording biometric information issued in accordance with regulations made under section 5 of the UK Borders Act 2007. “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 Home Office when requested; and (b) provides courses which involve a minimum of 15 hours’ organised daytime study per week; and (c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students; and (d) offers courses leading to qualifications recognised by the appropriate accreditation bodies; and (e) employs suitably qualified staff to provide teaching, guidance and support to the students; and (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. “Born in the UK or Islands” in Appendix UK Ancestry means born: 27 (a) in the UK; or (b) in the Channel Islands (Bailiwick of Guernsey, Bailiwick of Jersey); or (c) in the Isle of Man; or (d) before 31 March 1922, in Ireland; or (e) on a British-owned or registered ship or aircraft if the requirements of either section 50(7)(a) of the British Nationality Act 1981, or section 32(5) of the British Nationality Act 1948, as applicable, are met. “BN(O) Adult Dependent Relative” means a person granted permission as a BN(O) Adult Dependent Relative under Appendix Hong Kong British National (Overseas). “BN(O) Household Child” means a person falling within HK 15.1. and who is granted permission as a BN(O) Household Child under Appendix Hong Kong British National (Overseas). “BN(O) Household Member” means a person granted permission as a BN(O) Household Member under Appendix Hong Kong British National (Overseas). “BN(O) Status Holder” means a person granted permission as a BN(O) Status Holder under Appendix Hong Kong British National (Overseas). “Breach of immigration laws” - a person is in breach of immigration laws for the purpose of these rules where the person is an overstayer; is an illegal entrant; is in breach of a condition of their permission; or used deception in relation to their most recent application for entry clearance or permission; and “previously breached immigration laws” – a person previously breached immigration laws if they overstayed or used deception in relation to a previous application for entry clearance or permission. “Business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the UK to which the notice is sent, Christmas Day or Good Friday. Certificate of Sponsorship” means either: (a) an electronic document, with a unique reference, issued by a sponsor using the Sponsorship Management System; or (b) the record linked to a Sponsorship Reference Number, given by a sponsor to an applicant through an invitation to apply, using the “Sponsor a Worker” scheme operated by the Secretary of State, that confirms the details of the job for which the sponsor is sponsoring the applicant. “Calendar year” means a year beginning on 1 January and ending on 31 December. “Cancellation” in Part 9, Appendix S2 Healthcare Visitor and Appendix Service Providers from Switzerland means cancellation, variation in duration, or curtailment, of entry clearance or permission, which can take effect immediately or at a specified future date and whether the person is in the UK or overseas. And in relation to Appendix Temporary Permission to stay for Victims of Human Trafficking or Slavery the term “cancellation” has the same meaning as “revocation” in section 65(8) of the Nationality and Borders Act 2022. “Certificate of Sponsorship” means either: (a) an electronic document, with a unique reference, issued by a sponsor using the Sponsorship Management System; or (b) the record linked to a Sponsorship Reference Number, given by a sponsor to an applicant through an invitation to apply, using the “Sponsor a Worker” scheme operated by the Secretary of State, that confirms the details of the job for which the sponsor is sponsoring the applicant. “Child” means a person who is aged under 18 years. “Civil partnership” means a civil partnership under or by virtue of the Civil Partnership Act 2004. “Close relative” means a grandparent, brother, sister, step-parent, uncle (brother or half-brother of a child’s parent) or aunt (sister or half-sister of a child’s parent) who is aged 18 or over. 28 “Commonwealth citizen” means: (a) a British Overseas Territories citizen, a British National (Overseas), a British Overseas citizen or a British subject; or (b) a citizen of a country listed in Schedule 3 to the British Nationality Act 1981. “Condition” means a condition of leave to enter or leave to remain under section 3(1)(c) of the Immigration Act 1971, such as a prohibition on employment or study. “Confirmation of Acceptance for Studies reference number” means a number which links to a single Confirmation of Acceptance for Studies that was assigned to a Student or Child Student by their student sponsor. “Conviction” means conviction for a criminal offence in the UK or any other country. “Course of study” means the course for which a Confirmation of Acceptance for Studies was assigned, or a new course with the person’s current student sponsor which they were permitted to study without applying for further permission on the Student route. “Confirmation of Acceptance for Studies” means an electronic document with a unique reference number electronically issued by a student sponsor via the Sponsor Management System, to a person who the student sponsor has agreed to sponsor, for use in an application as a Student or Child Student, in accordance with these rules. “Curtailment”, in relation to the curtailment of a person’s leave to enter or leave to remain, means cancelling or curtailing their leave such that they will have a shorter period of, or no, leave remaining. “Custodial sentence” means a period of imprisonment, not including a suspended sentence. “Date of application” means: If applying for entry clearance either: (a) the date of payment of the relevant fee; or (b) where a fee is not required, the date on which the application is submitted online; or (c) where a fee is not required and an online application is not available, the date on which the paper application form is received by the Home Office. If applying for permission to enter, the date the person seeks entry. If applying for permission to stay: (a) where the paper application form is sent by post by Royal Mail, whether or not accompanied by a fee waiver request form, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or (b) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or (c) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted, and the relevant fee is paid; or (d) where the application is made via the online application process, and includes a request for a fee waiver, the date on which the online request for a fee waiver is submitted, as long as the completed application is submitted within 10 working days of the receipt of the decision on the request for a fee waiver. “Decision maker” means an entry clearance officer, immigration officer, the Secretary of State or such other person as is authorised by the Secretary of State to make the decision in question, as the case may be. And in Part 11 references to the Secretary of State as the decision maker include such other person as is authorised by the Secretary of State to make the decision in question. “Degree level study” means a course which leads to a recognised UK bachelor’s degree, or an equivalent qualification at level 6 of the Regulated Qualifications Framework, or at level 9 or 10 of the Scottish Credit and Qualifications Framework. “Ecctis” is a service which provides information, advice and opinion on academic, vocational and professional qualifications and skills from all over the world, set out at: https://ecctis.com/. 29 “EEA citizen” and “EEA national” means a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland; and who is not also a British citizen. “EEA Regulations” means: (a) (where relevant to something done before 11pm on 31 December 2020) the Immigration (European Economic Area) Regulations 2016 (as they have effect immediately before that date or, in the case of an application made under these rules where the date of decision is before 11pm on 31 December 2020, as they have effect at the date of application); or (b) (where relevant to something done after 11pm on 31 December 2020) the Immigration (European Economic Area) Regulations 2016 (as, despite the revocation of those Regulations, they continue to have effect, with specified modifications, by virtue of regulations made under section 7, 9 or 11 of the European Union (Withdrawal Agreement) Act 2020). “ETA” means an Electronic Travel Authorisation as defined in section 11C(1) of the Immigration Act 1971. “Employment” 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. Standing for or filling an elected post in local or devolved government is not considered to be employment for the purposes of the immigration rules, and conditions restricting employment do not affect the ability to undertake such activities. “Employment as a doctor or dentist in training” means employment in a medical post or training programme which has been approved by the General Medical Council, or employment in a postgraduate training programme in dentistry. “English language course” means a course that solely consists of English language study. “External student” means 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. “False document” includes: (a) a document which has been altered or tampered with; and (b) a counterfeit document; and (c) a document which is being used by an imposter; and (d) a document which has been fraudulently obtained or issued; and (e) a document which contains a falsified or counterfeit entry clearance, visa or endorsement. “Foundation degree” means a programme of study which leads to a qualification awarded by an English higher education provider with degree awarding powers which is at a minimum of level 5 on the Regulated Qualifications Framework, or awarded on a directly equivalent basis in the devolved administrations. “Graduate” means a person who has, or had, permission as a Graduate under Appendix Graduate of these Rules. “Grandparent” in Appendix UK Ancestry, Appendix Ukraine Scheme and Appendix Adult Dependent Relative means a biological grandparent or grandparent by reason of an adoption recognised by the laws of the UK relating to adoption. “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 UK. “Humanitarian protection” means status granted under paragraph 339C and which has not been revoked under paragraphs 339G to 339H. 30 “Illegal entrant” has the same meaning as in section 33(1) of the Immigration Act 1971. “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 UK. “Immigration Officer” includes a Customs Officer acting as an Immigration Officer. “Intention to live permanently with the other in the UK” or “intend to live together permanently in the UK” means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter. However, where an application is made under Appendix Armed Forces the words “in the UK” in this definition do not apply. Where an application is made under Appendix FM and the sponsor is a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council, the Foreign, Commonwealth and Development Office or the Home Office on a tour of duty outside the UK, the words “in the UK” in this definition do not apply. “Islands” means any of the Channel Islands or the Isle of Man. “Must not be leading an independent life” or “is not leading an independent life” means that the person: (a) does not have a partner; and (b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education). Where a relative other than a parent may act as the sponsor or carer of the person, references in this definition to living with their “parent” shall be read as applying to that other relative. “National Referral Mechanism” means the arrangements administered by the Competent Authorities as set out in the guidance found at: https://www.gov.uk/government/publications/victims- of-trafficking-guidance-for-competent-bodies. “Notice of liability for removal” means a notice given that a person is or will be liable for removal under section 10 of the Immigration and Asylum Act 1999, and for notices that pre-date the Immigration Act 2014 coming into force, refers to a decision to remove in accordance with section 10 of the Immigration and Asylum Act 1999, a decision to remove an illegal entrant by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971, or a decision to remove in accordance with section 47 of the Immigration, Asylum and Nationality Act 2006. “Occupation code” means the relevant 4-digit code in the Standard Occupational Classification (SOC) 2010 system, published by the Office for National Statistics at: https://www.ons.gov.uk/methodology/classificationsandstandards/standardoccupationalclassifications oc/soc2010. “Occupy exclusively” in relation to accommodation means that part of the accommodation must be for the exclusive use of the person or family. “Overcrowded” means overcrowded within the meaning of the Housing Act 1985, the Housing (Scotland) Act 1987 or the Housing (Northern Ireland) Order 1988 (as appropriate). “Overstayed” or “overstaying” means the person has stayed in the UK beyond the latest of: (a) the time limit attached to the last permission granted; or (b) the period that the permission was extended under section 3C or 3D of the Immigration Act 1971. “Parent” means: (a) biological parent; and (b) legal parent, including birth mother where the child is not genetically related, spouse or civil partner of the birth mother at the time of the child’s birth, and person with a parental order under section 54, or section 54A of the Human Fertilisation and Embryology Act 2008; and (c) adoptive parent: 31 (i) who, when habitually resident outside the UK, adopted a child in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK; or (ii) whose adopted child has been granted permission under Appendix Adoption, or Part 8 of these Rules, and, if applicable, the adoption has been formally completed in the UK. “Partner” means a person’s: (a) spouse; or (b) civil partner; or (c) unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years. “Passport” means a document which: (a) is issued by or on behalf of the government of any country recognised by the UK, or dealt with as a government by the UK, and which complies with international passport practice; and (b) shows both the identity and nationality of the holder; and (c) gives the holder the right to enter the country of the government which issued the document; and (d) is authentic and not unofficially altered or tampered with; and (e) is not damaged in a way that compromises the integrity of the document; and (f) is used by the rightful holder; and (g) has not expired. “Pathway Course” means a course which prepares a student for progression to another course at a specific UK recognised body or a body in receipt of public funding as a higher education institution from the Department for the Economy in Northern Ireland, the Office for Students, the Higher Education Funding Council for Wales, the Scottish Funding Council or any other provider registered with the Office for Students. It does not include a pre-sessional course. “Period of imprisonment” has the same meaning as in section 38(2) of the UK Borders Act 2007. “Permission to enter” has the same meaning as leave to enter under the Immigration Act 1971. “Permission to stay” has the same meaning as leave to remain under the Immigration Act 1971 (and includes a variation of leave to enter or remain and an extension of leave to enter or remain). And references in these rules to a person having, having had or being granted “Permission” means either permission to enter or permission to stay. “Postgraduate level study” means a course at level 7 or above of the Regulated Qualifications Framework, or level 11 or above of the Scottish Credit and Qualifications Framework, which leads to a recognised UK postgraduate degree at master’s level or above, or an equivalent qualification at the same level. “Premium Sponsor” means a sponsor which is recorded as holding Premium status on the register of licensed sponsors maintained by the Home Office. “Present and settled” means that the person concerned is settled in the UK and, at the date of application, is physically present in the UK. Where the person concerned is a British Citizen or settled in the UK and is: (a) a member of HM Forces serving overseas; or (b) an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government, or a permanent member of the British Council on a tour of duty outside the UK, and the applicant has provided the evidence specified in paragraph 26A of Appendix FM-SE, then for the purposes of Appendix FM and Appendix Settlement Family Life, where the applicant is applying for settlement the person is to be regarded as present and settled in the UK, and in paragraphs R-LTRP.1.1.(a) and 32 RILRP.1.1.(a) of Appendix FM the requirement “and their partner must be in the UK” is to be disregarded. “Primary degree” means a qualification obtained from a course of degree level study, which did not feature as an entry requirement a previous qualification obtained from degree level study, for example an undergraduate degree is a primary degree, but a master’s degree that has a bachelor’s degree as an entry requirement is not a primary degree. “Probationary Sponsor” means a student sponsor which is recorded as having “Probationary Sponsor status” on the register of licensed student sponsors maintained by the Home Office. “Prohibited degree of relationship” has the same meaning as in the Marriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004. “Protection claim” has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002. “Protection status” means refugee leave, refugee permission to stay, temporary refugee permission to stay, humanitarian protection and temporary humanitarian protection. “Provisional rating” means a sponsor which is recorded as having a rating of “Provisional” on the regi

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