Immigration Rules
Immigration Rules: Immigration Rules Part 5 Working In The Uk
gov.uk change note: Updated to reflect Statement of Changes HC 1333
Headline
Immigration Rules Part 5 has been extensively restructured with most substantive provisions moved to bullet point formatting, but no changes to the actual requirements for work-related immigration routes or family members.
Changes in detail
-
Throughout the document — All numbered paragraphs containing substantive immigration requirements have been reformatted from standard paragraph format to bullet point format using minus (-) symbols. This affects approximately 40-50 separate provisions including paragraphs 194, 196A, 196B, 196D, 197, 198, 198A, and 199.
-
All section headings — Extra blank lines have been added after every section heading throughout the document (indicated by + symbols in the diff).
Practical implications
No action required by practitioners. The reformatting is purely cosmetic and does not alter any eligibility criteria, evidential requirements, time limits, or decision-making processes. All existing case law, guidance, and precedents remain applicable. Pending applications are unaffected as the substantive legal requirements are identical.
Administrative changes
The entire document has undergone formatting standardization where: - Numbered paragraphs have been converted to bullet point format using minus (-) symbols - Additional blank lines have been inserted after section headings - No substantive text has been changed - only the visual presentation of existing requirements
The changes affect formatting only and do not modify any legal obligations, thresholds, or procedures under the Immigration Rules.
Diff
@@ -5,6 +5,7 @@ ## General requirements for indefinite leave to remain + 128A. DELETED @@ -12,6 +13,7 @@ ## Requirements for leave to enter the United Kingdom for work permit employment + 128.DELETED @@ -19,6 +21,7 @@ ## Indefinite leave to remain for a work permit holder + 134.DELETED @@ -26,6 +29,7 @@ ## 134SD - Specified documents + DELETED @@ -33,6 +37,7 @@ ## Refusal of indefinite leave to remain for a work permit holder + 135.DELETED @@ -44,6 +49,7 @@ ## Requirements for leave to enter the United Kingdom as a highly skilled migrant + 135A. DELETED @@ -51,6 +57,7 @@ ## Leave to enter as a highly skilled migrant + 135B.DELETED @@ -58,6 +65,7 @@ ## Refusal of leave to enter as a highly skilled migrant + 135C.DELETED. @@ -65,30 +73,39 @@ ## Requirements for an extension of stay as a highly skilled migrant + 135D. DELETED + 135DA. DELETED + 135DB. DELETED + 135DC. DELETED + 135DD. DELETED + 135DE. DELETED + 135DF. DELETED + 135DG. DELETED + 135DH. DELETED @@ -96,6 +113,7 @@ ## Extension of stay as a highly skilled migrant + 135E.DELETED @@ -103,6 +121,7 @@ ## Refusal of extension of stay as a highly skilled migrant + 135F.DELETED @@ -110,6 +129,7 @@ ## Requirements for indefinite leave to remain as a highly skilled migrant + 135G DELETED @@ -117,6 +137,7 @@ ## Indefinite leave to remain as a highly skilled migrant + 135GA. DELETED @@ -124,6 +145,7 @@ ## Refusal of indefinite leave to remain as a highly skilled migrant + 135H. DELETED @@ -131,6 +153,7 @@ ## Additional grounds for refusal for highly skilled migrants + 135HA. DELETED @@ -142,6 +165,7 @@ ## Requirements for leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme + 135I.DELETED. @@ -149,6 +173,7 @@ ## Leave to enter for the purpose of employment under the Sectors-Based Scheme + 135J.DELETED @@ -156,6 +181,7 @@ ## Refusal of leave to enter for the purpose of employment under the Sectors-Based Scheme + 135K.DELETED. @@ -163,6 +189,7 @@ ## Requirements for an extension of stay for Sector-Based employment + 135L.DELETED. @@ -170,6 +197,7 @@ ## Extension of stay for Sectors-Based Scheme employment + 135M.DELETED. @@ -177,6 +205,7 @@ ## Refusal of extension of stay for Sectors-Based Scheme employment + 135N.DELETED. @@ -188,6 +217,7 @@ ## Requirements for leave to enter as a participant in the International Graduates Scheme + 135O.DELETED @@ -195,6 +225,7 @@ ## Leave to enter as a participant in the International Graduates Scheme + 135P.DELETED @@ -202,6 +233,7 @@ ## Refusal of leave to enter as a participant in the International Graduates Scheme + 135Q.DELETED @@ -209,6 +241,7 @@ ## Requirements for leave to remain as a participant in the International Graduates Scheme + 135R.DELETED @@ -216,6 +249,7 @@ ## Leave to remain as a participant in the International Graduates Scheme + 135S.DELETED @@ -223,6 +257,7 @@ ## Refusal of leave to remain as a participant in the International Graduates Scheme + 135ST.DELETED @@ -234,6 +269,7 @@ ## Requirements for leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation + 136.DELETED @@ -241,6 +277,7 @@ ## Indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation + 142.DELETED @@ -248,6 +285,7 @@ ## 142-SD Specified documents + DELETED @@ -255,9 +293,11 @@ ## Refusal of indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation. + 143.DELETED + 143A.DELETED @@ -265,6 +305,7 @@ ## Leave to enter as a Fresh Talent: Working in Scotland scheme participant + 143B.DELETED @@ -272,6 +313,7 @@ ## Refusal of leave to enter as a Fresh Talent: Working in Scotland scheme participant + 143C.DELETED @@ -279,6 +321,7 @@ ## Requirements for an extension of stay as a Fresh Talent: Working in Scotland scheme participant + 143D.DELETED @@ -286,6 +329,7 @@ ## Extension of stay as a Fresh Talent: Working in Scotland scheme participant + 143E.DELETED @@ -293,6 +337,7 @@ ## Refusal of an extension of stay as a Fresh Talent: Working in Scotland scheme participant + 143F.DELETED @@ -304,6 +349,7 @@ ## Requirements for leave to enter as a representative of an overseas business + 144.DELETED @@ -311,6 +357,7 @@ ## 144-SD Specified documents + DELETED @@ -318,6 +365,7 @@ ## Leave to enter as a representative of an overseas business + 145.DELETED @@ -325,6 +373,7 @@ ## Refusal of leave to enter as a representative of an overseas business + 146.DELETED @@ -332,6 +381,7 @@ ## Requirements for an extension of stay as a representative of an overseas business + 147.DELETED @@ -339,6 +389,7 @@ ## Extension of stay as a representative of an overseas business + 148.DELETED @@ -346,6 +397,7 @@ ## Refusal of extension of stay as a representative of an overseas business + 149.DELETED @@ -353,6 +405,7 @@ ## Indefinite leave to remain for a representative of an overseas business + 150.DELETED @@ -360,6 +413,7 @@ ## 150-SD Specified documents + DELETED @@ -367,6 +421,7 @@ ## Refusal of indefinite leave to remain for a sole representative of an overseas business + 151.DELETED @@ -378,6 +433,7 @@ ## Requirements for leave to enter as a private servant in a diplomatic household + 152.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 158 and 159. @@ -385,10 +441,9 @@ ## Indefinite leave to remain for a servant in a diplomatic household - - - -158. DELETED. + + +- 158. DELETED. @@ -397,342 +452,380 @@ ## 158-SD Specified documents - - - + + +- DELETED. + + + + + +## Refusal of indefinite leave to remain for a servant in a diplomatic household + + + + +159. DELETED + + + + +## Domestic workers in private households + + + +## Requirements for leave to enter as a domestic worker in a private household + + + +159A. DELETED + + + +## Leave to enter as a domestic worker in a private household + + + +159B. DELETED + + + +## Refusal of leave to enter as a domestic worker in a private household + + + +159C. DELETED + + + +## Requirements for extension of stay as a domestic worker in a private household + + + +159D. DELETED + + + +## Extension of stay as a domestic worker in a private household + + + +159E. DELETED + + + +159EA. DELETED + + + +## Extension of stay as a domestic worker in a private household for applicants who entered the United Kingdom under the Rules in place before 6 April 2012 + + + +159EB DELETED + + + +## Refusal of extension of stay as a domestic worker in a private household + + + +159F. DELETED + + + +## Indefinite leave to remain for a domestic worker in a private household + + + +159G. DELETED + + + +159G-SD DELETED + + + +## Refusal of indefinite leave to remain for a domestic worker in a private household + + + +159H. DELETED + + + +## Domestic workers who are the victim of slavery or human trafficking + + + +## Requirements for leave to remain as a domestic worker who is the victim of slavery or human trafficking + + + +159I. DELETED + + + +## Leave to remain as a domestic worker who is the victim of slavery or human trafficking + + + +159J. DELETED + + + +## Refusal of leave to remain as a domestic worker who is the victim of slavery or human trafficking + + + +159K. DELETED + + + +## Overseas government employees + + + +## Requirements for leave to enter as an overseas government employee + + + +160.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 167 and 168. + + + +## Indefinite leave to remain for an overseas government employee + + + + +- 167. DELETED. + + + + + +## 167-SD Specified documents + + + DELETED. - - - - - -## Refusal of indefinite leave to remain for a servant in a diplomatic household - - - - -159. DELETED - - - - -## Domestic workers in private households - - - -## Requirements for leave to enter as a domestic worker in a private household - - -159A. DELETED - - - -## Leave to enter as a domestic worker in a private household - - -159B. DELETED - - - -## Refusal of leave to enter as a domestic worker in a private household - - -159C. DELETED - - - -## Requirements for extension of stay as a domestic worker in a private household - - -159D. DELETED - - - -## Extension of stay as a domestic worker in a private household - - -159E. DELETED - - -159EA. DELETED - - - -## Extension of stay as a domestic worker in a private household for applicants who entered the United Kingdom under the Rules in place before 6 April 2012 - - -159EB DELETED - - - -## Refusal of extension of stay as a domestic worker in a private household - - -159F. DELETED - - - -## Indefinite leave to remain for a domestic worker in a private household - - -159G. DELETED - - -159G-SD DELETED - - - -## Refusal of indefinite leave to remain for a domestic worker in a private household - - -159H. DELETED - - - -## Domestic workers who are the victim of slavery or human trafficking - - - -## Requirements for leave to remain as a domestic worker who is the victim of slavery or human trafficking - - -159I. DELETED - - - -## Leave to remain as a domestic worker who is the victim of slavery or human trafficking - - -159J. DELETED - - - -## Refusal of leave to remain as a domestic worker who is the victim of slavery or human trafficking - - -159K. DELETED - - - -## Overseas government employees - - - -## Requirements for leave to enter as an overseas government employee - - -160.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 167 and 168. - - - -## Indefinite leave to remain for an overseas government employee - - - - - -167. DELETED. - - - - - -## 167-SD Specified documents + + + +## Refusal of indefinite leave to remain for an overseas government employee + + + +168.DELETED. + + + +## Requirements for leave to enter as a minister of religion, missionary, or member of a religious order + + + +169.DELETED + + + +170.DELETED + + + +## Refusal of extension of stay as a minister of religion, missionary or member of a religious order + + + +175.DELETED + + + +## Indefinite leave to remain for a minister of religion, missionary or member of a religious order + + + +176.DELETED + + + +## 176-SD Specified documents + + + +DELETED + + + +## Refusal of indefinite leave to remain for a minister of religion, missionary or member of a religious order + + + +177.DELETED + + + +177A.DELETED + + + +## Requirements for leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role + + + +177B.DELETED + + + +## Leave to enter as a visiting religious worker or a religious worker in a non-pastoral role + + + +177C.DELETED + + + +177D.DELETED + + + +## Requirements for an extension of stay as a visiting religious worker or a religious worker in a non pastoral role + + + +177E.DELETED + + + +## Extension of stay as a visiting religious worker or a religious worker in a non-pastoral role + + + +177F.DELETED + + + +## Refusal of an extension of stay as a visiting religious worker or a religious worker in a non pastoral role + + + +177G.DELETED + + + +## Airport based operational ground staff of overseas-owned airlines + + + +## Requirements for leave to enter the United Kingdom as a member of the operational ground staff of an overseas-owned airline + + + +178.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 184 and 185. + + + +## Indefinite leave to remain for a member of the operational ground staff of an overseas owned airline + + + + +- 184. DELETED. + + + + + +## 184-SD Specified documents + DELETED. -## Refusal of indefinite leave to remain for an overseas government employee - - -168.DELETED. - - - -## Requirements for leave to enter as a minister of religion, missionary, or member of a religious order - - -169.DELETED - - -170.DELETED - - - -## Refusal of extension of stay as a minister of religion, missionary or member of a religious order - - -175.DELETED - - - -## Indefinite leave to remain for a minister of religion, missionary or member of a religious order - - -176.DELETED - - - -## 176-SD Specified documents +## Refusal of indefinite leave to remain for a member of the operational ground staff of an overseas owned airline + + + + +185. DELETED. + + + + +## Persons with United Kingdom ancestry + + + +## Requirements for leave to enter on the grounds of United Kingdom ancestry + + + +186.DELETED + + + +## Leave to enter the United Kingdom on the grounds of United Kingdom ancestry + + + +187.DELETED + + + +## Refusal of leave to enter on the grounds of United Kingdom ancestry + + + +188.DELETED + + + +## Requirements for an extension of stay on the grounds of United Kingdom ancestry + + + +189.DELETED + + + +## Extension of stay on the grounds of United Kingdom ancestry + + + +190.DELETED + + + +## Refusal of extension of stay on the grounds of United Kingdom ancestry + + + +191.DELETED + + + +## Indefinite leave to remain on the grounds of United Kingdom ancestry + + + +192.DELETED + + + +## 192-SD Specified documents + DELETED -## Refusal of indefinite leave to remain for a minister of religion, missionary or member of a religious order - - -177.DELETED - - -177A.DELETED - - - -## Requirements for leave to enter the United Kingdom as a visiting religious worker or a religious worker in a non-pastoral role - - -177B.DELETED - - - -## Leave to enter as a visiting religious worker or a religious worker in a non-pastoral role - - -177C.DELETED - - -177D.DELETED - - - -## Requirements for an extension of stay as a visiting religious worker or a religious worker in a non pastoral role - - -177E.DELETED - - - -## Extension of stay as a visiting religious worker or a religious worker in a non-pastoral role - - -177F.DELETED - - - -## Refusal of an extension of stay as a visiting religious worker or a religious worker in a non pastoral role - - -177G.DELETED - - - -## Airport based operational ground staff of overseas-owned airlines - - - -## Requirements for leave to enter the United Kingdom as a member of the operational ground staff of an overseas-owned airline - - -178.Deleted on 27 November 2008 by paragraph 39 of Statement of Changes HC 1113 except insofar as relevant to paragraph 184 and 185. - - - -## Indefinite leave to remain for a member of the operational ground staff of an overseas owned airline - - - - - -184. DELETED. - - - - - -## 184-SD Specified documents - - -DELETED. - - - -## Refusal of indefinite leave to remain for a member of the operational ground staff of an overseas owned airline - - - - -185. DELETED. - - - - -## Persons with United Kingdom ancestry - - - -## Requirements for leave to enter on the grounds of United Kingdom ancestry - - -186.DELETED - - - -## Leave to enter the United Kingdom on the grounds of United Kingdom ancestry - - -187.DELETED - - - -## Refusal of leave to enter on the grounds of United Kingdom ancestry - - -188.DELETED - - - -## Requirements for an extension of stay on the grounds of United Kingdom ancestry - - -189.DELETED - - - -## Extension of stay on the grounds of United Kingdom ancestry - - -190.DELETED - - - -## Refusal of extension of stay on the grounds of United Kingdom ancestry - - -191.DELETED - - - -## Indefinite leave to remain on the grounds of United Kingdom ancestry - - -192.DELETED - - - -## 192-SD Specified documents - - -DELETED - - - ## Refusal of indefinite leave to remain on the grounds of United Kingdom ancestry + 193.DELETED @@ -740,6 +833,7 @@ ## Partners of persons who have or have had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) + 193A.Nothing in paragraphs 194-196F is to be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as a partner of a person granted entry clearance or leave to enter under Paragraph 159A where that entry clearance or leave to enter was granted under 159A on or after 6 April 2012. @@ -747,38 +841,37 @@ ## Requirements for leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -194.The requirements to be met by a person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that: - - -(i) the applicant is the spouse, civil partner, unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and - -(ii) if an unmarried or same-sex partner: - - -(1) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and - -(2) the parties are not involved in a consanguineous relationship with one another; and - -(3) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and - - - -(iii) each of the parties intends to live with the other as his or her partner during the applicant’s stay and the relationship is genuine and subsisting; and - -(iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and - -(v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and - -(vi) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and - -(vii) the applicant must not fall for refusal under Part Suitability; and - -(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and - -(ix) where the applicant is accompanying or joining a person granted entry clearance or leave to enter or limited leave to remain as the sole representative of an overseas business within the meaning of paragraph 144(ii)(a), the applicant does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement. + + +- 194.The requirements to be met by a person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that: + + +- (i) the applicant is the spouse, civil partner, unmarried or same-sex partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); and + +- (ii) if an unmarried or same-sex partner: + + +- (1) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and + +- (2) the parties are not involved in a consanguineous relationship with one another; and + +- (3) the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and + + + +- (iii) each of the parties intends to live with the other as his or her partner during the applicant’s stay and the relationship is genuine and subsisting; and + +- (iv) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and + +- (v) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and + +- (vi) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his partner; and + +- (vii) the applicant must not fall for refusal under Part Suitability; and + +- (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity; and + +- (ix) where the applicant is accompanying or joining a person granted entry clearance or leave to enter or limited leave to remain as the sole representative of an overseas business within the meaning of paragraph 144(ii)(a), the applicant does not have a majority stake in, or otherwise own or control, that overseas business, whether that ownership or control is by means of a shareholding, partnership agreement, sole proprietorship or any other arrangement. @@ -789,6 +882,7 @@ ## Leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 195.A person seeking leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K), subject to a condition on study as set out in Appendix ATAS of these Rules, provided the Immigration Officer is satisfied that each of the requirements of paragraph 194 is met. @@ -796,6 +890,7 @@ ## Refusal of leave to enter as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 196.Leave to enter the United Kingdom as the partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 194 is met. @@ -803,37 +898,36 @@ ## Requirements for extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -196A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: - - -(i) is the spouse, civil partner, unmarried or same sex partner of a person who: - - -(1)has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); or - -(2) has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and - - - -(ii) meets the requirements of paragraph 194(ii) - (vii); and - -(iii) was not last granted: - - -(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), - -(2) temporary admission, - -(3) temporary release, or - -(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and - - - -(iv) must not be in the UK in breach of immigration laws except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded. + + +- 196A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: + + +- (i) is the spouse, civil partner, unmarried or same sex partner of a person who: + + +- (1)has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K); or + +- (2) has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and + + + +- (ii) meets the requirements of paragraph 194(ii) - (vii); and + +- (iii) was not last granted: + + +- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), + +- (2) temporary admission, + +- (3) temporary release, or + +- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and + + + +- (iv) must not be in the UK in breach of immigration laws except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded. @@ -844,15 +938,14 @@ ## Extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -196B. An extension of stay in the United Kingdom as: - - -(i) the partner of a person who has limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted, subject to a condition on study as set out in Appendix ATAS of these Rules, for a period not in excess of that granted to the person with limited leave to enter or remain; or - -(ii) the partner of a person who is being admitted at the same time for settlement, or the partner of a person who has indefinite leave to remain or has become a British citizen, may be granted for a period not exceeding 2 years, subject to a condition on study as set out in Appendix ATAS of these Rules, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 196A is met. + + +- 196B. An extension of stay in the United Kingdom as: + + +- (i) the partner of a person who has limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted, subject to a condition on study as set out in Appendix ATAS of these Rules, for a period not in excess of that granted to the person with limited leave to enter or remain; or + +- (ii) the partner of a person who is being admitted at the same time for settlement, or the partner of a person who has indefinite leave to remain or has become a British citizen, may be granted for a period not exceeding 2 years, subject to a condition on study as set out in Appendix ATAS of these Rules, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 196A is met. @@ -863,6 +956,7 @@ ## Refusal of extension of stay as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 196C. An extension of stay in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 196A is met. @@ -870,39 +964,38 @@ ## Requirements for indefinite leave to remain for the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: - - -(i) is the spouse, civil partner, unmarried or same-sex partner of a person who: - - -(1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or - -(2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and - - - -(ii) meets the requirements of paragraph 194(ii) - (vii); and - -(iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and - -(iv) was not last granted: - - -(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), - -(2) temporary admission, - -(3) temporary release, or - -(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and - - - -(v) must not be in the UK in breach of immigration laws except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded. + + +- 196D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: + + +- (i) is the spouse, civil partner, unmarried or same-sex partner of a person who: + + +- (1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or + +- (2) is the spouse, civil partner, unmarried or same-sex partner of a person who has indefinite leave to remain in the United Kingdom or has become a British citizen, and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and + + + +- (ii) meets the requirements of paragraph 194(ii) - (vii); and + +- (iii) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL; and + +- (iv) was not last granted: + + +- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), + +- (2) temporary admission, + +- (3) temporary release, or + +- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and + + + +- (v) must not be in the UK in breach of immigration laws except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded. @@ -913,6 +1006,7 @@ ## Indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 196E.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 196D is met. @@ -920,6 +1014,7 @@ ## Refusal of indefinite leave to remain as the partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 196F.Indefinite leave to remain in the United Kingdom as the partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 196D is met. @@ -927,6 +1022,7 @@ ## Children of persons with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135i-135k) + 196G.Nothing in paragraphs 197-199 is to be construed as allowing a person to be granted entry clearance, leave to enter, leave to remain or variation of leave as the child of a person granted entry clearance or leave to enter under Paragraph 159A where that entry clearance or leave to enter was granted under 159A on or after 6 April 2012. @@ -934,47 +1030,46 @@ ## Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -197. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that: - - -(i) he is the child of a parent with limited leave to enter or remain in the United Kingdom under paragraphs 128-193(but not paragraphs 135I-135K) or, in respect of applications for leave to remain only, of a parent who has indefinite leave to remain in the UK but who immediately before that grant had limited leave to enter or remain under those paragraphs; and - -(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and - -(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and - -(iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and - -(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and - -(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where: - - -(a) the parent he is accompanying or joining is his sole surviving parent; or - -(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or - -(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and - - - -(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, he was not last granted: - - -(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), - -(2) temporary admission, - -(3) temporary release, or - -(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and - - - -(viii) if seeking leave to remain, must not be in the UK in breach of immigration laws except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded. + + +- 197. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that: + + +- (i) he is the child of a parent with limited leave to enter or remain in the United Kingdom under paragraphs 128-193(but not paragraphs 135I-135K) or, in respect of applications for leave to remain only, of a parent who has indefinite leave to remain in the UK but who immediately before that grant had limited leave to enter or remain under those paragraphs; and + +- (ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and + +- (iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and + +- (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and + +- (v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and + +- (vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where: + + +- (a) the parent he is accompanying or joining is his sole surviving parent; or + +- (b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or + +- (c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and + + + +- (vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, he was not last granted: + + +- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), + +- (2) temporary admission, + +- (3) temporary release, or + +- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary admission or temporary release would previously have been granted; and + + + +- (viii) if seeking leave to remain, must not be in the UK in breach of immigration laws except that, where the Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded. @@ -985,30 +1080,29 @@ ## Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -198. (a) A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K), subject to a condition on study as set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided that: - - -i) in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid passport or other identity document and has entry clearance for entry in this capacity; or - -ii) in the case of an application for limited leave to remain, he was not last granted: - - -(1) entry clearance or leave as a visitor, short-term student or short-term student (child), - -(2) temporary admission, - -(3) temporary release, or - -(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted, - - - -and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met. - -(b) A person seeking leave to remain as the child of a parent who has indefinite leave to remain in the UK and who had limited leave under paragraphs 128 - 193 (but not paragraphs 135l - 135K) immediately before being granted indefinite leave may be given leave to remain in the UK for a period of 30 months, subject to a condition on study as set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided he is in the UK with valid leave under paragraph 198 and is able to satisfy the Secretary of State that each of the requirements of paragraph 197(i) and 197 (ii) - (vi) and(viii) is met. + + +- 198. (a) A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I-135K), subject to a condition on study as set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided that: + + +- i) in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid passport or other identity document and has entry clearance for entry in this capacity; or + +- ii) in the case of an application for limited leave to remain, he was not last granted: + + +- (1) entry clearance or leave as a visitor, short-term student or short-term student (child), + +- (2) temporary admission, + +- (3) temporary release, or + +- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted, + + + +- and is able to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met. + +- (b) A person seeking leave to remain as the child of a parent who has indefinite leave to remain in the UK and who had limited leave under paragraphs 128 - 193 (but not paragraphs 135l - 135K) immediately before being granted indefinite leave may be given leave to remain in the UK for a period of 30 months, subject to a condition on study as set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires, provided he is in the UK with valid leave under paragraph 198 and is able to satisfy the Secretary of State that each of the requirements of paragraph 197(i) and 197 (ii) - (vi) and(viii) is met. @@ -1019,30 +1113,29 @@ ## Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -198A. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if: - - -(i) in relation to an application for leave to enter, a valid passport or other identity document is not produced to the Immigration Officer on arrival and the applicant does not have entry clearance for entry in this capacity; or - -(ii) in the case of an application for limited leave to remain, if the applicant was last granted: - - -(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), - -(2) temporary admission, - -(3) temporary release, or - -(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted, - - - - - -or is unable to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met. + + +- 198A. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if: + + +- (i) in relation to an application for leave to enter, a valid passport or other identity document is not produced to the Immigration Officer on arrival and the applicant does not have entry clearance for entry in this capacity; or + +- (ii) in the case of an application for limited leave to remain, if the applicant was last granted: + + +- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), + +- (2) temporary admission, + +- (3) temporary release, or + +- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted, + + + + + +- or is unable to satisfy the Secretary of State that each of the requirements of paragraph 197 (i)-(vi) and (viii) is met. @@ -1051,41 +1144,40 @@ ## Requirements for indefinite leave to remain as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) - - - -199.The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: - - -(i) is the child of a person who: - - -(1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or - -(2) has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and - - - -(ii) meets the requirements of paragraph 197(i) - (vi) and (viii); and - -(iii) was not last granted: - - -(1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), - -(2) temporary admission, - -(3) temporary release, or - -(4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted; and - - - -(iv) must not fall for refusal under Part Suitability; and - -(v) must not be in the UK in breach of immigration laws except that, where Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded; and - -(vi) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made. + + +- 199.The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) are that the applicant: + + +- (i) is the child of a person who: + + +- (1) has limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) and who is being granted indefinite leave to remain at the same time; or + +- (2) has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and + + + +- (ii) meets the requirements of paragraph 197(i) - (vi) and (viii); and + +- (iii) was not last granted: + + +- (1) entry clearance or leave to enter as a visitor, short-term student or short-term student (child), + +- (2) temporary admission, + +- (3) temporary release, or + +- (4) after the date on which paragraph 1 of Schedule 10 to the Immigration Act 2016 is commenced, immigration bail in circumstances in which temporary release or temporary admission would previously been granted; and + + + +- (iv) must not fall for refusal under Part Suitability; and + +- (v) must not be in the UK in breach of immigration laws except that, where Exceptions for overstayers section of Part Suitability applies, any current period of overstaying will be disregarded; and + +- (vi) has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made. @@ -1096,6 +1188,7 @@ ## Indefinite leave to remain as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 199A.Indefinite leave to remain in the United Kingdom as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 199 is met. @@ -1103,4 +1196,5 @@ ## Refusal of indefinite leave to remain as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) + 199B.Indefinite leave to remain in the United Kingdom as the child of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 199 is met.