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.

The Home Secretary has made changes in the Rules laid down by him as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 March 1990 (HC 251) (as amended). This statement contains the Rules as changed and replaces the provisions of HC 251 (as amended).

2.Immigration Officers, Entry Clearance Officers and all staff of the Home Office will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in the United Kingdom.
3.In these Rules words importing the masculine gender include the feminine unless the contrary intention appe

Implementation and transitional provisions

4.These Rules come into effect on 1 October 1994 and will apply to all decisions taken on or after that date save that any application made before 1 October 1994 for entry clearance, leave to enter or remain or variation of leave to enter or remain other than an application for leave by a person seeking asylum shall be decided under the provisions of HC 251, as amended, as if these Rules had not been made.

Provision for Irish citizens

5. DELETED

5A. DELETED

5B. DELETED

5C. Save where expressly indicated throughout these rules, these rules do not apply to an Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain, but an Irish citizen who does require leave to enter or remain is covered by these rules.

5D. Paragraph 5C does not apply to paragraph 11, Appendix EU, Appendix S2 Healthcare Visitor, Appendix Service Providers from Switzerland, Appendix EU (Family Permit), Appendix AR (EU), Part 11 (asylum) or Part 13 (deportation).

5E. An Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain is considered settled for the purposes of these rules.

Inrerpretation

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:
1. (a) references to primary and secondary legislation refers to that legislation as amended from time to time; and
2. (b) unless the contrary intention appears, the following definitions apply:

“Accompanying Person” in Appendix S2 Healthcare Visitor is a person with a healthcare right of entry and who is accompanying a patient (P) to the UK at the same time as P’s entry into the UK, or who is joining P in the UK on a date after P’s entry into the UK, for the purpose of providing P with care or support during their course of planned healthcare treatment.

“Accredited Institution” means an institution which is:
1. (a) the holder of a student sponsor licence; or
2. (b) the holder of valid accreditation from Accreditation UK, the Accreditation Body for Language Services (ABLS), the British Accreditation Council (BAC), or the Accreditation Service for International Colleges (ASIC); or
3. (c) the holder of a valid and satisfactory full institutional inspection, review or audit by Estyn, Education Scotland, the Independent Schools Inspectorate, Office for Standards in Education, the Office for Students, the Quality Assurance Agency for Higher Education or the Education and Training Inspectorate Northern Ireland; or
4. (d) an overseas higher education institution offering only part of its programmes in the UK.

“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” includes a de facto adoption in accordance with the requirements of paragraph 309A, and “adopted” and “adoptive parent” shall be construed accordingly.

“Agreement on the Free Movement of Persons” in Appendix Service Providers from Switzerland means the agreement between the Swiss Confederation and the European Union and its member states, which was signed in 1999 and came into force in 2002.

“Amateur” means a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity.

“Applicant” means a person who is making an application for entry clearance, permission to enter or permission to stay (and a person seeking entry at the UK Border is to be regarded as making an application for permission to enter).

“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.

“Application Centre” in the context of an application for entry clearance, means a commercial partner, a British Diplomatic Mission or Consular Post overseas, or designated government office overseas, authorised by the Secretary of State to take biometrics and receive documents from applicants for entry clearance.

“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 qualification” means a qualification which meets the Approved qualification requirements in Appendix Student.

“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.

“Approved sponsor” under the Homes for Ukraine Sponsorship Scheme means a sponsor who meets eligibility and suitability requirements under the Homes for Ukraine sponsor guidance, published by the Department for Levelling Up, Housing and Communities at https://www.gov.uk/guidance/homes-for-ukraine-sponsor-guidance. Or, in the case of a child who is not applying with or to join their parent or legal guardian in the UK, a sponsor who is approved as a sponsor for that applicant under the Homes for Ukraine Scheme under the guidance: “Homes for Ukraine – Applications to Homes for Ukraine for children who are not travelling or reuniting with their parent or legal guardian: Guidance for Councils”.

“Aunt” in Appendix Ukraine Scheme means the sister, or step-sister, of either of the UK-based sponsor’s parents, or the female partner of the UK-based sponsor’s uncle or aunt.

“Biometrics” has the same meaning as “biometric information” in section 15 of the UK Borders Act 2007 and means, in particular, a record of a person’s fingerprints and a photograph of a person’s face.

“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:
1. (a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Home Office when requested; and
2. (b) provides courses which involve a minimum of 15 hours’ organised daytime study per week; and
3. (c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students; and
4. (d) offers courses leading to qualifications recognised by the appropriate accreditation bodies; and
5. (e) employs suitably qualified staff to provide teaching, guidance and support to the students; and
6. (f) provides adequate accommodation, facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and
7. (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:
1. (a) in the UK; or
2. (b) in the Channel Islands (Bailiwick of Guernsey, Bailiwick of Jersey); or
3. (c) in the Isle of Man; or
4. (d) before 31 March 1922, in Ireland; or
5. (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.

“Cabotage operations” in Appendix Visitor: Permitted Activities means
1. (a) in relation to goods, national carriage for hire or reward carried out on a temporary basis in the UK; or
2. (b) in relation to passengers either:
  1. i. national road passenger services for hire and reward carried out on a temporary basis by a carrier in the UK, or
  2. ii. the picking up and setting down of passengers within the UK, in the course of a regular international service, provided that it is not the principal purpose of the service.

“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:
1. (a) an electronic document with a unique reference number issued by a sponsor via the Sponsor Management System, or
2. (b) confirmation of sponsorship, issued by a sponsor using the successor to the Sponsorship Management System,
that confirms the details of the job for which the sponsor is sponsoring the applicant.

“Charity Worker” means a person who has, or had, permission under any of the following:
1. (i) Appendix Temporary Work – Charity Worker; or
2. (ii) Appendix T5 (Temporary Worker) Charity Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) as a Tier 5 (Temporary Worker) migrant in the Charity Worker sub-category under part 6A of the rules in force before 1 December 2020.

“Child” means a person who is aged under 18 years.

“Child Student” means a person who has, or had, permission under Appendix Child Student, Appendix CS: Child Student under the rules in force before 1 December 2020, or as a Tier 4 (Child) Student under the rules in force before 5 October 2020.

“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.

“Common Travel Area” is as defined in section 1(3) of the Immigration Act 1971.

“Commonwealth citizen” means:
1. (a) a British Overseas Territories citizen, a British National (Overseas), a British Overseas citizen or a British subject; or
2. (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.

“Consecutive engagements” means where:
1. (a) the applicant is being sponsored for more than one engagement in the UK as a Creative Worker regardless of whether the applicant has engagements outside the UK that take place between those engagements in the UK; and
2. (b) the applicant will be sponsored by more than one sponsor for those engagements,
3. (c) each sponsor has issued a Certificate of Sponsorship on the Creative Worker route for the relevant engagement, or engagements; and
4. (d) there is no more than 14 days between each individual engagement in the UK, and for the purposes of calculating that 14-day period, time spent by the applicant outside the UK (including the dates of their departure from and return to the UK) will not be counted towards this period.

“Contact point meeting” means, for the purpose of Appendix Innovator Founder, a checkpoint assessment between the applicant and their Endorsing Body to assess progress against the applicant’s business plan.

“Control Zone” is as defined by article 2(1) of, and Schedule 1 to, the Channel Tunnel (International Arrangements) Order 1993 (SI 1993/1813) and article 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (SI 2003/2818) (as amended from time to time).

“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.

“Conviction” means conviction for a criminal offence in the UK or any other country.

“Cousin” in Appendix Ukraine Scheme means the biological, adopted or step-child of the UK-based sponsor’s uncle or aunt.

“Creative Worker” means a person who has, or had, permission under any of the following:
1. (i) Appendix Temporary Work – Creative Worker; or
2. (ii) Appendix T5 (Temporary Worker) Creative or Sporting Worker, working in the creative sector under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) as a Tier 5 (Temporary Worker) migrant in the Creative and Sporting sub-category working in the creative sector under part 6A of the rules in force before 1 December 2020 (inclusive).

“Crew member” has the same meaning as in the Immigration Act 1971.

“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.

“Customs breach” means a breach of any provision of the Customs and Excise Acts or any other breach relating to an assigned matter (which is any matter in relation to which the Commissioners or officers of His Majesty’s Revenue and Customs have a power or duty which the Home Office may exercise at the border).

“Date of application” means: If applying for entry clearance either:
1. (a) the date of payment of the relevant fee; or
2. (b) where a fee is not required, the date on which the application is submitted online; or
3. (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:
1. (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
2. (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
3. (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
4. (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 or the Secretary of State, as the case may be.

“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.

“Deportation order” means an order made under section 5(1) of the Immigration Act 1971.

“Distance learning course” means a course being undertaken at a UK Accredited Institution by a person who is overseas, and which does not require the person to be physically present in the UK for the majority of the course.

“Doctorate extension scheme” means a sponsored scheme which enables successful applicants to remain in the UK for 12 months from the expected end date of a course leading to the award of a PhD as in Appendix Student, or under the rules in force before 1 December 2020.

“Domestic Worker in a Private Household” means a person who has, or had, permission under Appendix Domestic Worker in a Private Household, or as a domestic worker in a private household under paragraph 159EA of the rules in force before 6 May 2021.

“Domestic Worker who is a Victim of Modern Slavery” means a person who has, or had, permission under Appendix Domestic Worker Victim of Modern Slavery, or as a domestic worker who is a victim of slavery or human trafficking under paragraph 159J of the rules in force before 6 May 2021.

“ECAA route” means Appendix ECAA Extension of Stay or under the ECAA rules in force on 30 December 2020.

“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/.

“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 EFTA separation agreement” means (as modified from time to time in accordance with any provision of it) the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom’s membership of the European Union.

“EEA Regulations” means:
1. (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
2. (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.

“Endorsed funder” means an organisation accepted by UKRI, and on a list published by them, as prestigious funders of research and innovation who have an excellent track record of awarding funding to researchers with critical skills, following a rigorous peer review process.

“Endorsing body” means an organisation which is currently approved by the Home Office to endorse an individual or business in connection with an application under one or more of the following routes:
1. (a) Start-up; or
2. (b) Innovator; or
3. (c) Innovator Founder; or
4. (d) Global Talent; or
5. (e) Scale-up.

“Endorsement letter” means an official letter issued by an endorsing body, confirming that the endorsing body has endorsed the applicant in the relevant category.

“English language course” means a course that solely consists of English language study.

“Evidence of P’s permission to enter or remain” under Appendix S2 Healthcare Visitor means:
1. (a) a valid document which is either a biometric immigration document, stamp or endorsement in a passport (whether or not the passport has expired), or other document or electronic document issued by the Home Office, confirming that the patient (P) has permission to enter or remain in the UK as an S2 Healthcare Visitor, which has not been cancelled; or
2. (b) the decision maker is otherwise satisfied from the information available that P has permission as an S2 Healthcare Visitor, which has not been cancelled.

“Exclusion decision” means a decision made personally by the Secretary of State that a person be excluded from the UK.

“Exclusion order” means an order made under regulation 23(5) of the EEA Regulations that the exclusion of an EEA national or the family member of an EEA national is justified on the grounds of public policy, public security or public health.

“Expected end date of a course leading to the award of a PhD” means the date the PhD is expected to be formally confirmed, by the student sponsor, as completed to the standard required for the award of a PhD and recorded on the Confirmation of Acceptance for Studies which applies to the application on the doctorate extension scheme.

“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:
1. (a) a document which has been altered or tampered with; and
2. (b) a counterfeit document; and
3. (c) a document which is being used by an imposter; and
4. (d) a document which has been fraudulently obtained or issued; and
5. (e) a document which contains a falsified or counterfeit entry clearance, visa or endorsement.

“Fee” means the amount the applicant must pay to the Secretary of State as specified in regulations made in exercise of the powers in sections 68, 69 and 74 of the Immigration Act 2014.

“Fee Waiver” means a decision by the Secretary of State that the usual fee in relation to an immigration function need not be paid or need only be paid in specified part (whether a fee waiver can be requested for an application or service is set out in the Immigration and Nationality (Fees) Regulations).

“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.

“Full-time course” means a course which is:
1. (a) a full-time course of course of study at UK bachelor’s degree level or above; or
2. (b) an overseas higher education course that a Student is studying in the UK and leads to a qualification from an overseas higher education institution that is recognised as being equivalent to a UK higher education qualification; or
3. (c) a course of study below UK degree level that involves a minimum of 15 hours a week of classroom-based, daytime study (08:00 – 18:00, Monday to Friday), but scheduled breaks do not count towards the 15 hours.

“Global Business Mobility routes” means any of the following:
1. (a) Appendix Global Business Mobility – Graduate Trainee; or
2. (b) Appendix Global Business Mobility – Secondment Worker; or
3. (c) Appendix Global Business Mobility – Senior or Specialist Worker; or
4. (d) Appendix Global Business Mobility – Service Supplier; or
5. (e) Appendix Global Business Mobility – UK Expansion Worker.

“Global Talent” means the route, or a person with permission as a lead applicant on the route, under Appendix Global Talent or as a Global Talent migrant under Appendix W of the rules in force before 1 December 2020, or as a Tier 1 (Exceptional Talent) Migrant.

“Global Universities List” means the list of universities published by the Home Office on the Gov.uk website, which is compiled on an annual basis and consists of all non-UK institutions that are ranked in the top 50 of at least two of the following ranking systems:
1. (a) Times Higher Education World University Rankings; and
2. (b) Quacquarelli Symonds World University Rankings; and
3. (c)The Academic Ranking of World Universities.

“Government Authorised Exchange Scheme” means a scheme under the T5 (Temporary Worker) Government Authorised Exchange Worker route which is endorsed by a Government Department in support of Government objectives and provides temporary work in an occupation which appears in Table 1 or Table 2 of Appendix Skilled Occupations and where the migrant will be supernumerary.

“Government Authorised Exchange route” means any of the following:
1. (i) the route in Appendix Temporary Work – Government Authorised Exchange; or
2. (ii) the route in Appendix T5 (Temporary Worker) Government Authorised Exchange Worker, under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) the Government Authorised Exchange sub-category in the Tier 5 (Temporary Worker) route under part 6A of the rules in force before 1 December 2020.

“Graduate” means a person who has, or had, permission as a Graduate under Appendix Graduate of these Rules.

“Graduate Trainee” means a person who has, or had, permission under any of the following:
1. (a) Appendix Global Business Mobility – Graduate Trainee; or
2. (b) the Intra-Company Graduate Trainee route of Appendix Intra-Company Routes under the rules in force before 11 April 2022; or
3. (c) as a Tier 2 (Intra-Company Transfer) migrant in the Graduate Trainee sub-category under the rules in force before 0900 on 1 December 2020.

“Grandchild” in Appendix Ukraine Scheme means a biological grandchild, step-grandchild or grandchild by reason of an adoption recognised by the laws of the UK relating to adoption.

“Grandparent” in Appendix UK Ancestry and Appendix Ukraine Scheme means a biological grandparent or grandparent by reason of an adoption recognised by the laws of the UK relating to adoption.

“High earner” means a person on the Global Business Mobility – Senior or Specialist Worker route or Global Business Mobility – UK Expansion Worker route who is sponsored in a job with a gross annual salary of £73,900 or more (based on working a maximum of 48 hours per week) as confirmed by their sponsor.

“Higher education provider” means a student sponsor which:
1. (a) in England, is an institution that is required to register with the Office for Students, because it is an “English Higher Education Provider”, as defined in the Office for Students Regulations and section 83 of the Higher Education and Research Act 2017; or
2. (b) in Northern Ireland, is a higher education institution as set out in the Education and Libraries (Northern Ireland) Order 1993, or a body that provides higher education, and is recognised under the Further Education (Northern Ireland) Order 1997, with “in developmental” or “established provider” status; or
3. (c) in Scotland, is an institution that provides higher education within the meaning of section 38 of the Further and Higher Education (Scotland) Act 1992 and which is a post-16 education body within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005; or
4. (d) in Wales, is an institution that offers higher education provision and is a “regulated institution”, as defined in the Higher Education (Wales) Act 2015 (for the purpose of the 2015 Act, higher education is defined as education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988).

“High Potential Individual” means a person who has, or had, permission as a High Potential Individual under Appendix High Potential Individual.

“High Potential Individual route” means the route under Appendix High Potential Individual.

“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.

“Illegal entrant” has the same meaning as in section 33(1) of the Immigration Act 1971.

“Immigration Acts” has the same meaning as in section 61(2) of the UK Borders Act 2007.

“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 Health Charge” means a charge under section 38 of the Immigration Act 2014 and the Immigration (Health Charge) Order 2015.

“Immigration Officer” includes a Customs Officer acting as an Immigration Officer.

“Immigration Skills Charge” means a charge payable under regulations made under section 70A of the Immigration Act 2014.

“Independent School” means:
1. (a) a school in England or Wales (which is not an Academy, a school maintained by a local authority, or a non-maintained special school), at which full-time education is provided for:
  1. (i) five or more pupils of compulsory school age (whether or not such education is also provided at it for pupils under or over that age); or
  2. (ii) for at least one pupil of compulsory school age (whether or not such education is also provided at it for pupils under or over that age) for whom an education, health and care (EHC) plan or a statement of special educational needs is maintained, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989); or
2. (b) a school in Scotland (which is not a public school or a grant-aided school), at which full-time education is provided for pupils of school age (whether or not such education is also provided for pupils under or over that age); or
3. (c) a school in Northern Ireland (which is not grant-aided), which has been registered with the Department of Education.

“Innovator” means a person who has, or had, permission as an Innovator under Appendix Innovator of the rules in force before 13 April 2023 or as an Innovator migrant under Appendix W of the rules in force before 1 December 2020.

“Innovator Founder” means a person who has, or had, permission under Appendix Innovator Founder, or as an Innovator under Appendix Innovator of the rules in force before 13 April 2023 or under Appendix W of the rules in force before 1 December 2020.

“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.

“International Agreement route” means any of the following:
1. (i) the route in Appendix Temporary Work – International Agreement; or
2. (ii) the route in Appendix T5 (Temporary Worker) International Agreement Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) the International Agreement sub-category in the Tier 5 (Temporary Worker) route under part 6A of the rules in force before 1 December 2020.

“International Operator Licence” in Appendix Visitor: Permitted Activities means:
1. (a) a licence issued by the competent authority of a country other than the United Kingdom authorising an operator to undertake international carriage of goods or passengers by road in accordance with an international agreement to which the United Kingdom is a party; or
2. (b) a community licence issued by a Member State of the Union in accordance with Regulation (EC) No 1072/2009 or Regulation (EC) No 1073/2009.

“International scholarship agency” means an international institution or organisation which provides funding to students studying in the UK.

“International Sportsperson” means a person who has, or had, permission under any of the following:
1. (i) Appendix International Sportsperson; or
2. (ii) Appendix T2 Sportsperson under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) as a sporting worker under Appendix T5 (Temporary Worker) Creative or Sporting Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
4. (iv) as a Tier 5 (Temporary Worker) migrant in the Creative and Sporting sub-category as a sporting worker under part 6A of the rules in force before 1 December 2020, and/or
5. (v) as a Tier 2 (Sportsperson) Migrant under part 6A of the rules in force before 1 December 2020.

“Intra-Company routes” means any of the following:
1. (a) Appendix Global Business Mobility – Senior or Specialist Worker; or
2. (b) Appendix Global Business Mobility – Graduate Trainee; or
3. (c) Appendix Intra-Company routes under the rules in force before 11 April 2022; or
4. (d) the Tier 2 (Intra-Company Transfer) route under the rules in force before 0900 on 1 December 2020.

“Islands” means any of the Channel Islands or the Isle of Man.

“Lead applicant”, under Appendix KOLL, Appendix KOL UK and Appendix English Language, means the applicant on whose status, or previous status, a dependent partner or dependent child is relying as the basis of their application.

“Legacy Endorsing body” means an organisation which had previously been approved by the Home Office to endorse an individual or business in connection with an application under the Innovator or Start-up routes but is not permitted to endorse a new individual or business under the Innovator Founder route.

“Legal guardian” is a person appointed according to local laws to take care of a child.

“Letter of authority” means a written authorisation from a person that they wish to appoint or change their immigration adviser (who must be a qualified person as required by section 84 of the Immigration and Asylum Act 1999 or regulated by the Office of the Immigration Services Commissioner).

“Marriage/Civil Partnership Visitor” means a person who has, or had, entry clearance under Appendix V: Visitor to marry or form a civil partnership, or give notice of marriage or civil partnership, in the UK.

“Media representative” means a person who has, or had, permission on the Representative of an Overseas Business route having met the requirement at ROB 4.4.(b) of Appendix Representative of an Overseas Business, or as a Representative of an Overseas Business having met the requirement of paragraph 144(ii)(b) of Part 5 of the rules in force before 1 December 2020.

“Medical inspector” means a medical inspector appointed under Schedule 2 to the Immigration Act 1971.

“Must not be leading an independent life” or “is not leading an independent life” means that the person:
1. (a) does not have a partner; and
2. (b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education); and
3. (c) is not in full-time employment (unless aged 18 or over); and
4. (d) is wholly or mainly dependent upon their parent for financial support (unless aged 18 or over); and
5. (e) is wholly or mainly dependent upon their parent for emotional support.
Where under these rules a relative other than a parent may act as the sponsor or carer of the person, references in this definition to “parent” shall be read as applying to that other relative.

“National minimum wage” means as defined in the National Minimum Wage Act 1998.

“National Minimum Wage Regulations” means the National Minimum Wage Regulations 2015.

“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.

“Niece” in Appendix Ukraine Scheme means the female biological, adopted or step-child of the UK-based sponsor’s brother or sister.

“Nephew” in Appendix Ukraine Scheme means the male biological, adopted or step-child of the UK-based sponsor’s brother or sister.

“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/standardoccupationalclassificationsoc/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).

“Overseas Business” is a business which has it main place of operation outside of the UK.

“Overseas Domestic Worker” means a person who has, or had, permission under Appendix Overseas Domestic Worker, or as a domestic worker in a private household under paragraph 159A of the rules in force before 6 May 2021.

“Overseas Government Language Programme” means an overseas Government sponsored professional language development programme under the Government Authorised Exchange Scheme where the person concerned delivers language training and participates in a cultural exchange programme that is fully or partially paid for by the overseas government or an organisation affiliated to an overseas government.

“Overseas higher education institution” means an institution which holds overseas accreditation confirmed by Ecctis as offering degree programmes which are equivalent to UK degree level qualifications, and which teaches no more than half of a degree programme in the UK as a study abroad programme.

“Overseas service provider” means a business based outside the UK with no commercial presence in the UK, that is one of the following:
1. (a) a natural or legal person that has a contract to provide services to a UK business, where that UK business is on the register of licensed sponsors maintained by the Home Office; or
2. (b) a natural or legal person that is subcontracted to provide services to a UK business by a natural or legal person coming within paragraph (a)

“Overstayed” or “overstaying” means the person has stayed in the UK beyond the latest of:
1. (a) the time limit attached to the last permission granted; or
2. (b) the period that the permission was extended under section 3C or 3D of the Immigration Act 1971.

“Own Account” in Appendix Visitor: Permitted Activities means the transport of goods by a business where the following conditions are fulfilled:
1. (a) the goods carried are the property of the business or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the business; and
2. (b) the purpose of the journey is to carry the goods to or from the premises of the business or to move them, either inside or outside the business for its own requirements; and
3. (c) the vehicles used for such transport are driven by personnel employed by, or put at the disposal of, the business under a contractual obligation; and
4. (d) the vehicles carrying the goods are owned by the business, have been bought by it on deferred terms or have been hired; and
5. (e) such transport is no more than ancillary to the overall activities of the business.

“Parent” includes:
1. (a) the stepfather of a child whose father is dead, and reference to stepfather includes a relationship arising through civil partnership; and
2. (b) the stepmother of a child whose mother is dead, and reference to stepmother includes a relationship arising through civil partnership; and
3. (c) the father, as well as the mother, of an illegitimate child where the person is proved to be the father; and
4. (d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297 to 303); and
5. (e) in the case of a child born in the UK who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parents’ inability to care for the child; and
6. (f) in Appendix Ukraine Scheme a parent also includes a step-father or step-mother, whether or not the biological parent is dead.

“Parent of a Child Student” means a person who has, or had, permission under Appendix Parent of a Child Student or as a Parent of a Tier 4 (Child) Student under the rules in force before 5 October 2020.

“Partner” means a person’s:
1. (a) spouse; or
2. (b) civil partner; or
3. (c) unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years.

“Partner Institution” means an institution which has a partnership agreement with a student sponsor, which has been approved by the Home Office in accordance with the requirements set out in the student sponsor guidance published on the gov.uk website. Teaching partnerships allow a student sponsor’s students to undertake study of a specified type at a partner institution’s site.

“Passport” means a document which:
1. (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
2. (b) shows both the identity and nationality of the holder; and
3. (c) gives the holder the right to enter the country of the government which issued the document; and
4. (d) is authentic and not unofficially altered or tampered with; and
5. (e) is not damaged in a way that compromises the integrity of the document; and
6. (f) is used by the rightful holder; and
7. (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.

“Patient”, in Appendix S2 Healthcare Visitor, means a person who is undergoing or plans to undergo a course of planned healthcare treatment in the UK.

“PAYE” means HM Revenue and Customs’ Pay As You Earn system for collecting Income Tax and National Insurance from employee earnings.

“Peer reviewed research fellowship or award” means a specific fellowship or award which appears on the list of peer reviewed research fellowships or awards published by The Royal Society, The Royal Academy of Engineering or The British Academy.

“Pending appeal” has the same meaning as in section 104 of the Nationality, Immigration and Asylum Act 2002.

“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.

“Permitted Paid Engagement Visitor” means a person who has, or had, permission under Appendix V: Visitor to undertake specific paid engagements for up to one month.

“Postgraduate doctor or dentist” in Appendix Student means a student undertaking a recognised Foundation Programme with Health Education England following completion of a recognised degree in medicine or dentistry in the UK.

“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:
1. (a) a member of HM Forces serving overseas; or
2. (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 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.

“Private foster care arrangement” means an arrangement in which a child aged under 16, or aged under 18 if disabled, is cared for, on a full-time basis for a period of 28 days or more, by a person aged 18 or over who is not the child’s parent or a close relative.

“Private medical insurance” means insurance to cover treatment provided by a private health provider, or a reciprocal arrangement in place with another country by which certain nationals may receive NHS treatment.

“Private medical treatment” means treatment provided by a private health provider, or by the NHS where there is a reciprocal arrangement in place with another country by which certain nationals may receive NHS treatment.

“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.

“Professional Sportsperson” means a person who is one or more of the following:
1. (a) currently providing services as a sportsperson, or is playing or coaching in any capacity, at a professional or semi-professional level of sport (whether paid or unpaid); or
2. (b) currently receiving payment, including payment in kind, for playing or coaching, and that payment covers all, or the majority of, their costs for travelling to, and living in, the UK, or has received such payment within the previous 4 years; or
3. (c) currently registered to a professional or semi-professional sports team or has been so registered within the previous 4 years (this includes all academy and development team age groups); or
4. (d) has represented their nation or national team within the previous two years, including all youth and development age groups from under 17s upwards; or
5. (e) has represented their state or regional team within the previous two years, including all youth and development age groups from under 17s upwards; or
6. (f) has an established international reputation in their chosen field of sport; or
7. (g) engages an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson, or has engaged such an agent in the last 12 months; or
8. (h) is providing services as a sportsperson or coach, unless they are doing so as an “Amateur” in a charity event; or
9. (i) is providing services as a sportsperson or coach, unless they are doing so as a Student who is studying a course at degree level or above at a higher education provider and playing or coaching sport as an Amateur or as part of a work placement that is undertaken as an integral and assessed part of their course.

“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 register of licensed sponsors: workers on the gov.uk website at: www.gov.uk/government/publications/register-of-licensed-sponsors-workers.

“Public funds” means:
1. (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988; and
2. (b) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992; income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002; and
3. (c) attendance allowance, severe disablement allowance, carer’s allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992; income support, council tax benefit and, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; and
4. (d) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act; and
5. (e) Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015; and
6. (f) a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 in relation to England or Wales or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012; and
7. (g) a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015; and
8. (h) a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015; and
9. (i) a discretionary payment made by a local authority under section 1 of the Localism Act 2011, not including any payment made under the Energy Rebate Scheme 2022

For the purpose of these rules,
1. (i) a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P’s family sponsor unless, as a result of P’s presence in the UK, the family sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the family sponsor’s joint entitlement to benefits under the regulations referred to in subparagraph (ii) below; and
2. (ii) subject to subparagraph (iii) below, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002; and
3. (iii) a person (P) making an application from outside the UK will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P’s family sponsor as a result of P’s presence in the UK (including those benefits to which P or the family sponsor would be entitled as a result of P’s presence in the UK under the regulations referred to in subparagraph (ii) above).

“Recreational Course” means a course undertaken purely for leisure purposes, other than English Language training, that does not lead to a formal qualification, for example, a leisure course in pottery or horse riding.

“Refugee” has the same meaning as in Article 1 of the 1951 Refugee Convention.

“Refugee Convention” means the 1951 United Nations Convention and its 1967 Protocol relating to the Status of Refugees.

“Refugee leave” means the leave to remain granted to an individual with refugee status, who sought to register an asylum claim before 28 June 2022.

“Refugee permission to stay” means permission to stay granted to an individual with refugee status under paragraph 339QA(i) of these rules which has not been revoked under paragraph 339QD.

“Refugee status” means status granted under paragraph 334 of these rules which has not been revoked under paragraphs 339A to 339B.

“Relevant NHS body” in Part 9, and in paragraphs S-EC.2.3., S-LTR.2.3. and S-ILR.2.3. of Appendix FM, means:
1. (a) in relation to England-
  1. (i) a National Health Service Trust established under section 25 of the National Health Service Act 2006; or
  2. (ii) a National Health Service foundation trust; and
2. (b) in relation to Wales-
  1. (i) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; or
  2. (ii) a National Health Service Trust established under section 18 of the National Health Service (Wales) Act 2006; or
  3. (iii) a Special Health Authority established under 22 of the National Health Service (Wales) Act 2006; and
3. (c) in relation to Scotland-
  1. (i) a Health Board or Special Health Board established under section 2 of the National Health Service (Scotland) Act 1978 (c. 29); or
  2. (ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act; or
  3. (iii) Healthcare Improvement Scotland established under section 10A of that Act; and
4. (d) in relation to Northern Ireland-
  1. (i) the Regional Health and Social Care Board established under the Health and Social Care (Reform) Act (Northern Ireland) 2009; or
  2. (ii) a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and renamed under the Health and Social Care (Reform) Act (Northern Ireland) 2009.

“Relevant NHS regulations” means:
1. (a)in Wales, the National Health Service (Charges to Overseas Visitors) Regulations 1989 (1989 No 306); and
2. (b) in Scotland, the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 as amended (1989 No 364); and
3. (c) in Northern Ireland, the Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015 (2015 No 227); and
4. (d) in England, the National Health Service (Charges to Overseas Visitors) Regulations 2015 (2015 No 238).

“Religious Worker” means a person who has, or had, permission under any of the following:
1. (i) Appendix Temporary Work – Religious Worker; or
2. (ii) Appendix T5 (Temporary Worker) Religious Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) as a Tier 5 (Temporary Worker) migrant in the Religious Worker sub-category under part 6A of the rules in force before 1 December 2020.

“Representative of an Overseas Business” means a person who has, or had, permission under Appendix Representative of an Overseas Business or as a Representative of an Overseas Business under Part 5 of the rules in force before 1 December 2020.

“Research Programme” means research programmes and fellowships under a Government Authorised Exchange Scheme where the person is working on a scientific, academic, medical, or government research project at either a UK higher education institution or another research institution operating under the authority and/or financial sponsorship of a relevant Government Department.

“Rough sleeping” means sleeping, or bedding down, in the open air (for example on the street or in doorways) or in buildings or other places not designed for habitation (for example sheds, car parks or stations).

“S2 certificate of entitlement to scheduled treatment” has the same meaning as a portable document S2 issued under Regulation (EC) No 883/2004.

“S2 Healthcare Visitor” means a patient (P) or an accompanying person (AP) who meets the requirements of Appendix S2 Healthcare Visitor.

“Scale-up route” means the route under Appendix Scale-up.

“Scale-up Worker” means a person who has, or had, permission as Scale-up Worker under Appendix Scale-up.

“Seafarer” has the same meaning as “seafarer” in Regulation 2 of The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014.

“Seasonal work” is work which fluctuates or is restricted according to the season or time of the year.

“Seasonal Worker” means a person who has, or had, permission under any of the following:
1. (i) Appendix Temporary Work – Seasonal Worker; or
2. (ii) Appendix T5 (Temporary Worker) Seasonal Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
3. (iii) as a Tier 5 (Temporary Worker) migrant in the Seasonal Worker sub-category under part 6A of the rules in force before 1 December 2020.

“Seeking entry” refers to a person applying for entry clearance or permission to enter the UK.

“Self-employed” means a person who is registered as self-employed with HM Revenue & Customs, or an overseas equivalent, or is employed by a company of which the person is a controlling shareholder.

“Self-employed Lawyer” means a person granted permission outside the rules under the concession for self-employed lawyers that formerly appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions.

“Secondment Worker” means a person who has, or last had, permission as a Secondment Worker under Appendix Global Business Mobility – Secondment Worker.

“Senior or Specialist Worker” means a person who has, or last had, permission under any of the following routes:
1. (a) Appendix Global Business Mobility – Senior or Specialist Worker; or
2. (b) the Intra-Company Transfer route under the rules in force before 11 April 2022; or
3. (c) as a Tier 2 (Intra-Company Transfer) migrant in the Long-Term Staff sub-category under the rules in force before 0900 on 1 December 2020.

“Series of events” in relation to sport is two or more linked events, such as a tour, or rounds of a competition, which do not add up to a league or a season.

“Service Supplier” means a person who has, or last had, permission under Appendix Global Business Mobility – Service Suppliers, or as a contractual service supplier or independent professional under any of the following routes:
1. (a) Appendix Temporary Work – International Agreement under the rules in force before 11 April 2022; or
2. (b) Appendix T5 (Temporary Worker) International Agreement Worker under the rules in force between 0900 1 December 2020 and 10 October 2021 (inclusive); or
3. (c) the International Agreement sub-category in the Tier 5 (Temporary Worker) route under part 6A of the rules in force before 0900 on 1 December 2020.

“Settled” has the same meaning as in section 33(1) of the Immigration Act 1971.

“Settled worker” means:
1. (a) a British citizen; or
2. (b) a person who is resident in the UK in accordance with the EEA Regulations or who holds a permanent right of residence in the UK in accordance with regulation 15 of the EEA Regulations; or
3. (c) a person with leave to remain or indefinite leave to remain granted under Appendix EU; or
4. (d) a British Overseas Territories citizen, except those from the Sovereign Base Areas in Cyprus; or
5. (e) a Commonwealth citizen who has been granted permission on the UK Ancestry route on the basis that they have a grandparent born in the UK and Islands; or
6. (f) a person who is otherwise settled within the meaning of section 33(2A) of the Immigration Act 1971.

“Settlement” means indefinite leave to enter or remain.

“Sham marriage” and “sham civil partnership” has the same meaning as in section 62 of the Immigration Act 2014 and “involvement in a sham marriage or sham civil partnership” means a person who is a party to a sham marriage or sham civil partnership, or who has enabled the marriage or civil partnership to take place.

“Short-term Student” means a person who has, or had, permission under Appendix Short Term Student, or paragraph A57E of the rules in force before 1 December 2020.

“Sibling” in Appendix Ukraine Scheme means the UK-based sponsor or their partner’s biological, adopted or step-brothers and step-sisters.

“Skilled Worker” means a person who has, or had, permission under Appendix Skilled Worker, or as a Tier 2 (General) migrant under the rules in force before 1 December 2020.

“Sole Representative” means a person who has, or had, permission on the Representative of an Overseas Business route having met the requirement at ROB 4.4.(a) of Appendix Representative of an Overseas Business, or as a Representative of an Overseas Business having met the requirement of paragraph 144(ii)(a) of Part 5 of the rules in force before 1 December 2020.

“Sponsor” and “family sponsor”, in relation to a family member, means the person in relation to whom an applicant is seeking leave to enter or remain as their spouse, fiancé(e), civil partner, proposed civil partner, unmarried partner, same-sex partner or dependent relative, as the case may be, under paragraphs 277 to 295O or 317 to 319 or the person in relation to whom an applicant is seeking entry clearance or leave as their partner or dependent relative under Appendix FM.

“Sponsor”, in relation to study or work, means the person or organisation licensed by the Home Office that the Certificate of Sponsorship or Confirmation of Acceptance for Studies records as being the sponsor for a person.

“Sponsor group”, under the Global Business Mobility routes, means the sponsor and any business or organisation that is linked to the sponsor by common ownership or control, or by a joint venture on which the applicant is sponsored to work.

“Sponsor group”, under Appendix Intra-Company routes, means the sponsor and any business or organisation that is linked to the sponsor by common ownership or control, or by a joint venture on which the applicant is sponsored to work.

“Sponsor licence” means a licence granted by the Home Office to a person who, by virtue of such a grant, is licensed as a sponsor in relation to applications to study or work in the UK.

“Standard Visitor” means a person who has, or had, permission under Appendix V: Visitor to undertake the activities of a standard visitor set out in Appendix Visitor: Permitted Activities.

“Start-up route” means Appendix Start-up, and also includes a person who has, or had, permission as a Start-Up migrant under Appendix W of the rules in force before 1 December 2020.

“State-funded school or academy” means:
1. (a) in England, an “Academy” as defined by and established under the Academies Act 2010, including academy schools, 16-19 academies and alternative provision academies; and
2. (b) in England and Wales, a “school maintained by a local authority” being an institution defined in the School Standards and Framework Act 1998 or the Education Act 1996, including community schools, foundation schools, voluntary aided schools, voluntary controlled schools, community special schools, foundation special schools, pupil referral units and maintained nursery schools; and
3. (c) in Northern Ireland, a “grant-aided school” being a school to which grants are paid under the Education Orders as defined in the Education and Libraries (Northern Ireland) Order 1986, including controlled, maintained, grant-maintained integrated schools and voluntary grammar schools; and
4. (d) in Scotland, a “public school” and a “grant-aided school”, defined in section 135 of the Education (Scotland) Act 1980 (for the avoidance of doubt, these definitions include any such nursery schools and special schools) and “Special school” has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004.

“Student” means a person who has, or had, permission under Appendix Student, or Appendix ST: Student of the rules in force immediately before 1 December 2020, or as a Tier 4 (General) Student under the rules in force before 5 October 2020.

“Student sponsor” means a sponsor which listed on the register of licensed sponsors maintained by the Home Office:
https://www.gov.uk/government/publications/register-of-licensed-sponsors-students.

“Student Union Sabbatical Officer” means a person who has, or had, permission under Appendix Student, Appendix ST: Student of the rules in force immediately before 1 December 2020, or under paragraph 245ZV or paragraph 245ZX of the rules in force before 5 October 2020, and has been elected to a full-time, salaried, executive union position in the student union of the person’s sponsor institution or with the National Union of Students of the UK.

“Studying in London” means the applicant’s Confirmation of Acceptance for Studies confirms they will be studying at an institution wholly within the Greater London Area. If the applicant will be studying at more than one site, one or more of which is in Greater London Area and one or more outside, then the applicant will be considered to be studying in London if the applicant’s Confirmation of Acceptance for Studies states that the applicant will be spending the majority of time studying at a site or sites situated within the Greater London Area.

“Studying outside London” means the applicant’s Confirmation of Acceptance for Studies confirms they will be studying in the UK but the site of study does not meet the definition of Studying in London.

“Successfully completed” means the Student or Child Student has completed their course and been assessed by their sponsor, and has been or will be awarded, a qualification that is:
1. (a) for the course of study for which their Confirmation of Acceptance for Studies was assigned; or
2. (b) a degree at either UK Bachelor’s degree level or UK postgraduate degree level, as part of an integrated programme for which their Confirmation of Acceptance for Studies was assigned; or
3. (c) for the course of study with their student sponsor to which they were allowed to change without applying for further permission on the Student route.

“Supplementary employment” means employment in a job (other than the job for which the person is being sponsored) which appears on the Shortage Occupation Lists in Appendix Shortage Occupation Lists, or in the same profession and at the same professional level as the job for which the person is being sponsored, provided that:
1. (a) the person remains working for the sponsor in the job for which the Certificate of Sponsorship records the person is being sponsored; and
2. (b) the other employment does not exceed 20 hours per week and takes place outside of the hours when the person is contracted to work for the sponsor in the job for which the person is being sponsored.

“Swiss citizens’ rights agreement” means (as modified from time to time in accordance with any provision of it) the Agreement signed at Bern on 25 February 2019 between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens’ rights following the withdrawal of the United Kingdom from:
1. (a) the European Union; and
2. (b) the Agreement on the Free Movement of Persons.

“Temporary refugee permission to stay” means permission to stay granted to an individual with refugee status under paragraph 339QA(ii) of these rules which has not been revoked under paragraph 339QD.

“Temporary humanitarian permission to stay” means permission to stay granted to an individual with humanitarian protection under paragraph 339QB of these rules which has not been revoked under paragraph 339QD.

“Tier 1 (Entrepreneur) Migrant” means a person who has, or had leave under paragraphs 245D to 245DF.

“Tier 1 (Exceptional Talent) Migrant” means a person who was granted leave under paragraphs 245B to 245BF of the rules in force before 1 December 2020.

“Tier 1 (General) Migrant” means a person who was granted leave under paragraphs 245C to 245CE of the rules in force before 6 April 2018.

“Tier 1 (Graduate Entrepreneur) Migrant” means a person who was granted leave under paragraphs 245F to 245FB of the rules in force on or after 6 April 2012 and before 29 March 2019.

“Tier 1 (Investor) Migrant” means a person who has, or had, leave under paragraphs 245E to 245EF.

“Tier 2 (General) Migrant” means a person granted leave under paragraphs 245H to 245HF and who obtained points under paragraphs 76 to 84A of Appendix A of the rules in force before 1 December 2020.

“Tier 2 (Intra-Company Transfer) Migrant” means a person granted leave under paragraphs 245G to 245GF of the rules in force before 1 December 2020.

“Tier 2 Migrant” means a person granted leave as a Tier 2 (Intra-Company Transfer) Migrant, a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant under the rules in force before 1 December 2020.

“Tier 2 (Minister of Religion) Migrant” means a person granted leave under the Tier 2 Minister of Religion route as a missionary or a member of a religious order under paragraphs 245H to 245HF of the rules in force before 1 December 2020.

“T2 Minister of Religion” means a person who has, or had, permission under Appendix T2 Minister of Religion, or as a Tier 2 (Minister of Religion) migrant under the rules in force before 1 December 2020.

“Tier 2 (Sportsperson) Migrant” means a person granted leave under paragraphs 245H to 245HF (and who obtained points under paragraphs 93 to 100 of Appendix A) of the rules in force before 1 December 2020.

“Tier 4 (Child) Student” means a person granted leave under paragraphs 245ZZ to 245ZZD of the rules in force before 5 October 2020.

“Tier 4 (General) Student” means a person granted leave under paragraphs 245ZT to 245ZY of the rules in force before 5 October 2020.

“Tier 4 Migrant” means a Tier 4 (General) Student or a Tier 4 (Child) Student.

“Tier 5 Migrant” means a person granted leave as either a Tier 5 (Temporary Worker) Migrant or a Tier 5 (Youth Mobility Scheme) Temporary Migrant under the rules in force before 1 December 2020.

“Temporary Worker” means a person who has, or had, permission as a Charity Worker, Creative Worker, Religious Worker, Seasonal Worker, on the International Agreement route, Youth Mobility Scheme or Government Authorised Exchange route.

“Tier 5 (Temporary Worker) Migrant” means a person granted leave under paragraphs 245ZM to 245ZS of the rules in force before 1 December 2020.

“Track record of compliance” means a 4-year track record of immigration compliance and Educational Oversight, established by a student sponsor in accordance with the requirements set out in the student sponsor guidance which is published on the visa and immigration pages of the gov.uk website.

“Training Programme” means a training programme under a Government Authorised Exchange Scheme where the person concerned either receives formal, practical training in the fields of science and / or medicine or will be trained by HM Forces or by UK emergency services.

“Transit Visitor” means a person who has, or had, permission under Appendix V: Visitor, or Appendix Visitor: Transit Without Visa Scheme, to transit the UK on route to another country outside the Common Travel Area.

“UK” means the United Kingdom.

“UK Ancestry route” means the route in Appendix UK Ancestry, or paragraphs 186 to 199B in Part 5 of the Rules in force before 1 December 2020, and “person with UK Ancestry” means a person applying for, or granted, permission on the basis that they have a grandparent born in the UK and Islands and meet the requirements in Appendix UK Ancestry, or under paragraphs 186 to 193 in Part 5 of the Rules in force before 1 December 2020.

“UK bachelor’s degree” means:
1. (a) a programme of study or research which leads to the award by or on behalf of a university, college or other body which is authorised by Royal Charter, an Act of Parliament, the Privy Council or the Office for Students to grant degrees, of a qualification designated by the awarding institution to be of bachelor’s degree level; or
2. (b) a programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of bachelor’s degree level.

“UK Border” means immigration control at a UK port and a control zone in France or Belgium or a supplementary control zone in France as defined by Article 2(1) and Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993 (SI 1993/1813) and Article 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (SI 2003/2818).

“UK Expansion Worker” means a person who has, or last had, permission as a UK Expansion Worker under Appendix Global Business Mobility – UK Expansion Worker.

“UK listed body” is an institution which is not a UK recognised body but which provides full courses that lead to the award of a degree by a UK recognised body.

“UK postgraduate degree” means:
1. (a) a programme of study or research which leads to an award, by or on behalf of a university, college or another body which is authorised by a Royal Charter, an Act of Parliament, the Privy Council or the Office for Students to grant degrees, of a qualification designated by the awarding institution to be of master’s degree level or above; or
2. (b) a programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of master’s degree level or above.

“Ukraine Scheme” means the routes set out in Appendix Ukraine Scheme: the Ukraine Family Scheme, Homes for Ukraine Sponsorship Scheme, and Ukraine Extension Scheme.

“UK recognised body” means a higher learning institution that has been granted degree awarding powers by Royal Charter, an Act of Parliament, the Privy Council or the Office for Students, and for the purposes of these rules, Health Education South London and Health Education England are equivalent to UK recognised bodies, as set out at: https://www.gov.uk/check-a-university-is-officially-recognised.

“UK Regulated Profession” means a profession regulated by UK law which is listed at: https://cpq.ecctis.com/Individuals/Inbound/Regulated%20Professions.

“UKRI” means UK Research and Innovation.

“Uncle” in Appendix Ukraine Scheme, means the brother, or step- brother, of either of the UK-based sponsor’s parents, or the male partner of the UK-based sponsor’s uncle or aunt.

“United Kingdom passport” has the same meaning as in the Immigration Act 1971.

“Unmarried partner”, under Appendix ECAA Extension of Stay or Appendix ECAA Settlement, means a person who is:
1. (a) resident with the ECAA worker or ECAA business person unless applying for entry clearance; and
2. (b) intends to live, or continue living, with the ECAA worker or ECAA business person; and
3. (c) is in a relationship with the ECAA worker or ECAA business person that is genuine and subsisting.

“Valid application” means an application made in accordance with the requirements of Part 1, or the validity requirements of the route in question, whichever is applicable.

“Visa nationals” means persons specified in Appendix Visitor: Visa National list as needing an entry clearance (a visa), in advance of travel to the UK for any purpose and “Non-visa nationals” are persons who are not so specified in that Appendix and are required to obtain entry clearance in advance of travel for any purpose other than as a visitor for less than 6 months.

“Visitor” means a person granted permission under paragraphs 40-56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020.

“Voluntary fieldwork” means activities which would not normally be offered at a waged or salaried rate and which contribute directly to the achievement or advancement of the sponsor’s charitable purpose. It does not include work ancillary to the sponsor’s charitable purpose including, for example, routine back office administrative roles, retail or other sales roles, fund-raising roles and roles involved in the maintenance of the sponsor’s offices and other assets.

“Voluntary work” has the same meaning as applies to a voluntary worker in the National Minimum Wage Act 1998.

“Week” means a period of 7 days beginning with a Monday.

“Withdrawal Agreement” means the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom’s withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it).

“Work” has the same meaning as “Employment”, except that work does not include being party to an employment contract but not working.

“Work Experience Programme” means work experience including volunteering and job-shadowing, internships and work exchange programmes under a Government Authorised Exchange Scheme.

“Work placement” means a placement that forms an integral and assessed part of the course of study which meets the requirements in Appendix Student or Appendix Child Student.

“Working day” means a business day in the part of the UK in which the applicant resides or (as the case may be) is detained.

“Working illegally” means working in breach of a condition of leave or working in the UK without valid leave where such leave is required.

“Working Time Regulations” means the Working Time Regulations 1998.

“Youth Mobility Scheme” means a person who has, or had, permission under any of the following:
1. (i) Appendix Youth Mobility Scheme; or
2. (ii) Appendix T5 (Temporary Worker) Youth Mobility Scheme under the rules in force between 1 December 2020 and 10 October 2021(inclusive); or
3. (iii) as a Tier 5 Youth Mobility Scheme migrant under part 6A of the rules in force before 1 December 2020. Source: https://www.gov.uk/guidance/immigration-rules/immigration-rules-introduction

Implementation and transitional provisions

Provision for Irish citizens

Inrerpretation

Immigration Rules Appendix T2 Minister of Religion

Immigration Rules Appendix Child staying with or joining a Non-Parent Relative (Protection)

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