Students 57-62
Student nurses 63-69
Resits of examinations 69A-69F
Writing up a thesis 69G-69L
Postgraduate doctors and dentists 70-75M
Spouses of students 76-78
Children of students 79-81
Prospective students 82-87
Student union sabbatical officers 87A-87F
..............................................................................................................................
STUDENTS
Requirements for leave to enter
as a student
57. The requirements to be met by a person
seeking leave to enter the United Kingdom as a student are
that he:
(i) has been accepted for a course of study which is to be
provided by an organisation which is included on the Department
for Education and Skills' Register of Education and Training
Providers, and is at either;
(a) a publicly funded institution of further or higher education;
or
(b) a bona fide private education institution which maintains
satisfactory records of enrolment and attendance; or
(c) an independent fee paying school outside the maintained
sector; and
(ii) is able and intends to follow either:
(a) a recognised full time degree course at a publicly funded
institution of further or higher education; or
(b) a weekday full time course involving attendance at a
single institution for a minimum of 15 hours organised daytime
study per week of a single subject, or directly related subjects;
or
(c) a full time course of study at an independent fee paying
school; and
(iii) if under the age of 16 years is enrolled at an independent
fee paying school on a full time course of studies which meets
the requirements of the Education Act 1944; and
(iv) intends to leave the United Kingdom at the end of his
studies; and
(v) does not intend to engage in business or to take employment,
except part time or vacation work undertaken with the consent
of the Secretary of State for Employment; and
(vi) is able to meet the costs of his course and accommodation
and the maintenance of himself and any dependants without
taking employment or engaging in business or having recourse
to public funds.
Leave to enter as a student
58. A person seeking leave to enter the
United Kingdom as a student may be admitted for an appropriate
period depending on the length of his course of study and
his means, and with a condition restricting his freedom to
take employment, provided the Immigration Officer is satisfied
that each of the requirements of paragraph 57 is met.
Refusal of leave to enter as
a student
59. Leave to enter as a student is to be
refused if the Immigration Officer is not satisfied that each
of the requirements of paragraph 57 is met.
Requirements for an extension
of stay as a student
60. The requirements for an extension of
stay as a student are that the applicant:
(i) either
(a) he is a person specified in Appendix 1 to these Rules
and he was last admitted to the United Kingdom in possession
of a valid student entry clearance, or valid prospective student
entry clearance in accordance with paragraphs 82 to 87 of
these Rules; or
(b) he is not a person specified in Appendix 1 to these Rules
and he has been accepted for a course of study at degree level
or above; or
(c) he is not a person specified in Appendix 1 to these Rules
and he was last admitted to the United Kingdom in possession
of a valid student entry clearance, or valid prospective student
entry clearance in accordance with paragraphs 82 to 87 of
these Rules, if he has been accepted for a course of study
below degree level; and
(ii) meets the requirements for admission as a student set
out in paragraph 57 (i) - (vi); and
(iii) has produced evidence of his enrolment on a course
which meets the requirements of paragraph 57; and
(iv) can produce satisfactory evidence of regular attendance
during any course which he has already begun; or any other
course for which he has been enrolled in the past; and
(v) can show evidence of satisfactory progress in his course
of study including the taking and passing of any relevant
examinations; and
(vi) would not, as a result of an extension of stay, spend
more than 2 years on short courses below degree level (ie
courses of less than 1 years duration, or longer courses broken
off before completion); and
(vii) has not come to the end of a period of government or
international scholarship agency sponsorship, or has the written
consent of his official sponsor for a further period of study
in the United Kingdom and satisfactory evidence that sufficient
sponsorship funding is available.
Extension of stay as a student
61. An extension of stay as a student may
be granted, subject to a restriction on his freedom to take
employment, provided the Secretary of State is satisfied that
the applicant meets each of the requirements of paragraph
60.
Refusal of extension of stay
as a student
62. An extension of stay as a student is
to be refused if the Secretary of State is not satisfied that
each of the requirements of paragraph 60 is met.
STUDENT NURSES
Definition of student nurse
63. For the purposes of these Rules the
term student nurse means a person accepted for training as
a student nurse or midwife leading to a registered nursing
qualification;
Requirements for leave to enter as a student nurse
64. The requirements to be met by a person
seeking leave to enter the United Kingdom as a student nurse
are that the person:
(i) comes within the definition set out in paragraph 63 above;
and
(ii) has been accepted for a course of study in a recognised
nursing educational establishment offering nursing training
which meets the requirements of the Nursing and Midwifery
Council.
(iii) did not obtain acceptance on the course of study referred
to in (ii) above by misrepresentation;
(iv) is able and intends to follow the course; and
(v) does not intend to engage in business or take employment
except in connection with the training course; and
(vi) intends to leave the United Kingdom at the end of the
course; and
(vii) has sufficient funds available for accommodation and
maintenance for himself and any dependants without engaging
in business or taking employment (except in connection with
the training course) or having recourse to public funds. The
possession of a Department of Health bursary may be taken
into account in assessing whether the student meets the maintenance
requirement.
Leave to enter the United Kingdom
as a student nurse
65. A person seeking leave to enter the
United Kingdom as a student nurse may be admitted for the
duration of the course, with a restriction on his freedom
to take employment, provided the Immigration Officer is satisfied
that each of the requirements of paragraph 64 is met.
Refusal of leave to enter as
a student nurse
66. Leave to enter as a student nurse is
to be refused if the Immigration Officer is not satisfied
that each of the requirements of paragraph 64 is met.
Requirements for an extension
of stay as a student nurse
67. The requirements for an extension of
stay as a student nurse are that the applicant:
(i) was last admitted to the United Kingdom in possession
of a valid student entry clearance, or valid prospective student
entry clearance in accordance with paragraphs 82 to 87 of
these Rules, if he is a person specified in Appendix 1 to
these Rules; and
(ii) meets the requirements set out in paragraph 64 (i)-(vii);and
(iii) has produced evidence of enrolment at a recognised
nursing educational establishment; and
(iv) can provide satisfactory evidence of regular attendance
during any course which he has already begun; or any other
course for which he has been enrolled in the past; and
(v) would not, as a result of an extension of stay, spend
more than 4 years in obtaining the relevant qualification;
and
(vi) has not come to the end of a period of government or
international scholarship agency sponsorship, or has the written
consent of his official sponsor for a further period of study
in the United Kingdom and evidence that sufficient sponsorship
funding is available.
Extension of stay as a student
nurse
68. An extension of stay as a student nurse
may be granted, subject to a restriction on his freedom to
take employment, provided the Secretary of State is satisfied
that the applicant meets each of the requirements of paragraph
67.
Refusal of extension of stay
as a student nurse
69. An extension of stay as a student nurse
is to be refused if the Secretary of State is not satisfied
that each of the requirements of paragraph 67 is met.
RE-SITS OF EXAMINATIONS
Requirements for leave to enter
to re-sit an examination
69A. The requirements to be met by a person
seeking leave to enter the United Kingdom in order to re-sit
an examination are that the applicant:
(i) (a) meets the requirements for admission as a student
set out in paragraph 57 (i)-(vi); or
(b) met the requirements for admission as a student set out
in paragraph 57 (i)-(iii) in the previous academic year and
continues to meet the requirements of paragraph 57 (iv)-(vi);
and
(ii) has produced written confirmation from the education
institution or independent fee paying school which he attends
or attended in the previous academic year that he is required
to re-sit an examination; and
(iii) can provide satisfactory evidence of regular attendance
during any course which he has already begun; or any other
course for which he has been enrolled in the past; and
(iv) has not come to the end of a period of government or
international scholarship agency sponsorship, or has the written
consent of his official sponsor for a further period of study
in the United Kingdom and satisfactory evidence that sufficient
sponsorship funding is available; and
(v) has not previously been granted leave to re-sit the examination.
Leave to enter to re-sit an
examination
69B. A person seeking leave to enter the
United Kingdom in order to re-sit an examination may be admitted
for a period sufficient to enable him to re-sit the examination
at the first available opportunity with a condition restricting
his freedom to take employment, provided the Immigration Officer
is satisfied that each of the requirements of paragraph 69A
is met.
Refusal of leave to enter to
re-sit an examination
69C. Leave to enter to re-sit an examination
is to be refused if the Immigration Officer is not satisfied
that each of the requirements of paragraph 69A is met.
Requirements for an extension of stay to re-sit an examination
69D. The requirements for an extension of stay to re-sit
an examination are that the applicant:
(i) was admitted to the United Kingdom with a valid student
entry clearance if he was then a visa national; and
(ii) meets the requirements set out in paragraph 69A (i)-(v).
Extension of stay to re-sit
an examination
69E. An extension of stay to re-sit an examination
may be granted for a period sufficient to enable the applicant
to re-sit the examination at the first available opportunity,
subject to a restriction on his freedom to take employment,
provided the Secretary of State is satisfied that the applicant
meets each of the requirements of paragraph 69D.
Refusal of extension of stay
to re-sit an examination
69F. An extension of stay to re-sit an examination
is to be refused if the Secretary of State is not satisfied
that each of the requirements of paragraph 69D is met.
WRITING UP A THESIS
Requirements for leave to enter
to write up a thesis
69G. The requirements to be met by a person
seeking leave to enter the United Kingdom in order to write
up a thesis are that the applicant:
(i) (a) meets the requirements for admission as a student
set out in paragraph 57 (i)-(vi); or
(b) met the requirements for admission as a student set out
in paragraph 57 (i)-(iii) in the previous academic year and
continues to meet the requirements of paragraph 57 (iv)-(vi);
and
(ii) can provide satisfactory evidence that he is a postgraduate
student enrolled at an education institution as either a full
time, part time or writing up student; and
(iii) can demonstrate that his application is supported by
the education institution; and
(iv) has not come to the end of a period of government or
international scholarship agency sponsorship, or has the written
consent of his official sponsor for a further period of study
in the United Kingdom and satisfactory evidence that sufficient
sponsorship funding is available; and
(v) has not previously been granted 12 months leave to write
up the same thesis.
Leave to enter to write up a
thesis
69H. A person seeking leave to enter the
United Kingdom in order to write up a thesis may be admitted
for 12 months with a condition restricting his freedom to
take employment, provided the Immigration Officer is satisfied
that each of the requirements of paragraph 69G is met.
Refusal of leave to enter to
write up a thesis
69I. Leave to enter to write up a thesis
is to be refused if the Immigration Officer is not satisfied
that each of the requirements of paragraph 69G is met.
Requirements for an extension
of stay to write up a thesis
69J. The requirements for an extension of
stay to write up a thesis are that the applicant:
(i) was admitted to the United Kingdom with a valid student
entry clearance if he was then a visa national; and
(ii) meets the requirements set out in paragraph 69G (i)-(v).
Extension of stay to write up
a thesis
69K. An extension of stay to write up a
thesis may be granted for 12 months subject to a restriction
on his freedom to take employment, provided the Secretary
of State is satisfied that the applicant meets each of the
requirements of paragraph 69J.
Refusal of extension of stay
to write up a thesis
69L. An extension of stay to write up a
thesis is to be refused if the Secretary of State is not satisfied
that each of the requirements of paragraph 69J is met.
Requirements for leave to enter
as an overseas qualified nurse or midwife
69M. The requirements to be met by a person
seeking leave to enter as an overseas qualified nurse or midwife
are that the applicant:
(i) has obtained confirmation from the Nursing and Midwifery
Council that he is eligible:
(a) for admission to the OverseasNurses Programme; or
(b) to undertake a period of supervised practice; or
(c) to undertake an adaptation programme leading to registration
as a midwife; and
(ii) has been offered:
(a) a supervised practice placement through an education provider
that is recognised by
the Nursing and Midwifery Council; or
(b) a supervised practice placement in a setting approved
by the Nursing and Midwifery
Council; or
(c) a midwifery adaptation programme placement in a setting
approved by the Nursing
and Midwifery Council; and
(iii) did not obtain acceptance of the offer referred to in
paragraph 69 (ii) by
misrepresentation; and
(iv) is able and intends to undertake the supervised practice
placement or midwife adaptation
programme; and
(v) does not intend to engage in business or take employment,
except:
(a) in connection with the supervised practice placement or
midwife adaptation programme; or
(b) part-time work of a similar nature to the work undertaken
on the supervised practice placement or midwife adaptation
programme; and
(vi) is able to maintain and accommodate himself and any dependants
without recourse to public funds.
Leave to enter the United Kingdom
as an overseas qualified nurse or midwife
69N. Leave to enter the United Kingdom as
an overseas qualified nurse or midwife may be granted for
a period not exceeding 18 months, provided the Immigration
Officer is satisfied that each of the requirements of paragraph
69M is met.
Refusal of leave to enter as
an overseas qualified nurse or midwife
69O. Leave to enter the United Kingdom as
an overseas qualified nurse or midwife is to be refused if
the Immigration Officer is not satisfied that each of the
requirements of paragraph 69M is met.
Requirements for an extension
of stay as an overseas qualified nurse or midwife
69P. The requirements to be met by a person
seeking an extension of stay as an overseas qualified
nurse or midwife are that the applicant:
(i) has leave to enter or remain in the United Kingdom as
a prospective student in accordance with paragraphs 82 - 87
of these Rules; or
(ii) has leave to enter or remain in the United Kingdom as
a student in accordance with paragraphs 57 to 69L of these
Rules; or
(iii) has leave to enter or remain in the United Kingdom as
a working holidaymaker in accordance with paragraphs 95 to
97 of these Rules and has spent more than 12 months
in total in the UK in this capacity; or
(iv) has leave to enter or remain as an overseas qualified
nurse or midwife in accordance with paragraphs 69M - 69R of
these Rules; and
(v) meets the requirements set out in paragraph 69M (i) -
(vi); and
(vi) can provide satisfactory evidence of regular attendance
during any previous period of supervised practice or midwife
adaptation course; and
(vii)if he has previously been granted leave:
(a) as an overseas qualified nurse or midwife under paragraphs
69M-69R of these Rules, or
(b) to undertake an adaptation course as a student nurse under
paragraphs 63 - 69 of these Rules;
is not seeking an extension of stay in this category which,
when amalgamated with those previous periods of leave, would
total more than 18 months; and
(viii) if his previous studies, supervised practice placement
or midwife adaptation programme placement were sponsored by
a government or international scholarship
agency, he has the written consent of his official sponsor
to remain in the United Kingdom as an overseas qualified nurse
or midwife.
Extension of stay as an overseas
qualified nurse or midwife
69 Q. An extension of stay as an overseas
qualified nurse or midwife may be granted for a period not
exceeding 18 months, provided that the Secretary of State
is satisfied that each of the requirements of paragraph 69P
is met.
Refusal of extension of stay
as an overseas qualified nurse or midwife
69 R. An extension of stay as an overseas
qualified nurse or midwife is to be refused if the Secretary
of State is not satisfied that each of the requirements of
paragraph 69P is met.
POSTGRADUATE DOCTORS, DENTISTS
AND TRAINEE GENERAL PRACTITIONERS
Requirements for leave to enter
as a postgraduate doctor or dentist
70. The requirements for leave to enter
the United Kingdom for the purpose of postgraduate training
as a doctor or dentist are that the applicant:
(i) (a) is a graduate from a medical school or dental school
who has a confirmed place on a recognised Foundation Programme
to continue their training as a doctor or dentist in the UK;
or
(b) is a doctor or dentist who has full, limited or temporary
registration with the General Medical Council or General Dental
Council or who is eligible for the same and who
intends to undertake basic or higher specialist training in
the United Kingdom in a hospital or the Community Health services
or in General Practice, or in a combination
of these; and
(ii) holds a letter from the Postgraduate Dean responsible
for their training in the UK approving the applicant's training
plan and recommending the duration of leave that should be
granted; and
(iii) is able to maintain and accommodate himself and any
dependants without recourse to public
funds; and
(iv) intends to leave the United Kingdom if, on expiry of
his leave under this paragraph, he has not been granted leave
to remain in the United Kingdom as:
(a) a doctor or dentist undertaking a period of clinical
attachment or a dental observer post in accordance with paragraphs
75G to 75M of these Rules; or
(b) a work permit holder in accordance with paragraphs 128
to 135 of these Rules; or
(c) a highly skilled migrant in accordance with paragraphs
135A to 135H of these Rules; or
(d) a person intending to establish themselves in business
in accordance with paragraphs 200 to 210 of these Rules; or
(e) an innovator in accordance with paragraphs 210A to 210H
of these Rules; and
(v) if his study at medical school or dental school, or any
subsequent studies he has undertaken, were sponsored by a
government or international scholarship agency, he has the
written consent of his sponsor to enter or remain in the United
Kingdom as a postgraduate doctor or
dentist; and
(vi) if he has previously been granted leave as a postgraduate
doctor or dentist, is not seeking leave to enter or remain
which, when amalgamated with any previous periods of leave
in this category, would total more than:
(a) 26 months to complete a Foundation Programme; or
(b) 3 years to complete basic specialist training, if the
applicant has already completed a Foundation Programme; or
(c) 4 years to complete basic specialist training, if the
applicant has not already completed a Foundation Programme;
and
(vii) holds a valid entry clearance for entry in this capacity
except where he is a British National (Overseas), a British
overseas territories citizen, a British Overseas citizen,
a British protected person or a person who under the British
Nationality Act 1981 is a British subject.
Leave to enter as a postgraduate
doctor or dentist
71. Leave to enter the United Kingdom as
a postgraduate doctor or dentist may be granted:
(i) to undertake a Foundation Programme, for a period not
exceeding 26 months; or
(ii) to undertake postgraduate training as a doctor or dentist
in a hospital or the Community Health services or in General
Practice, or in a combination of these, for a period not exceeding
3 years at a time;
provided the Immigration Officer is satisfied that each of
the requirements of paragraph 70
is met.
Refusal of leave to enter as
a postgraduate doctor or dentist
72. Leave to enter as a postgraduate doctor
or dentist is to be refused if the Immigration Officer is
not satisfied that each of the requirements of paragraph 70
is met.
73. The requirements to be met by a person
seeking an extension of stay as a postgraduate doctor or dentist
are that the applicant:
(i) meets the requirements of paragraph 70 (i) to (vi); and
(ii) has leave to enter or remain in the United Kingdom as
either:
(a) a student in accordance with paragraphs 57 to 69L of
these Rules; or
(b) as a postgraduate doctor or dentist in accordance with
paragraphs 70 to 75 of these Rules; or
(c) as a doctor taking the PLAB Test in accordance with paragraphs
75A to 75F of these Rules; or
(d) as a doctor or dentist undertaking a period of clinical
attachment or a dental observer post in accordance with paragraphs
75G to 75M of these Rules; or
(e) as a work permit holder in accordance with paragraphs
128 to 135 of these Rules.
Extension of stay as a postgraduate
doctor or dentist
74. An extension of stay as a postgraduate
doctor or dentist may be granted:
(i) to undertake a Foundation Programme, for a period not
exceeding 26 months; or
(ii) to undertake postgraduate training as a doctor or dentist
in a hospital or the Community Health services or in General
Practice, or in a combination of these, for a period not exceeding
3 years at a time;
provided the Secretary of State is satisfied that each of
the requirements of paragraph 73 is
met.
Refusal of extension of stay
as a postgraduate doctor or dentist
75. An extension of stay as a postgraduate
doctor or dentist is to be refused if the Secretary of State
is not satisfied that each of the requirements of paragraph
73 is met".
Requirements for leave to enter
the United Kingdom to take the PLAB Test
75A. The requirements to be met by a person
seeking leave to enter in order to take the PLAB Test are
that the applicant:
(i) is a graduate from a medical school and intends to take
the PLAB Test in the United Kingdom; and
(ii) can provide documentary evidence of a confirmed test
date or of his eligibility to take the PLAB Test; and
(iii) meets the requirements of paragraph 41 (iii) - (vii)
for entry as a visitor; and
(iv) intends to leave the United Kingdom at the end of his
leave granted under this paragraph unless he is successful
in the PLAB Test and granted leave to remain:
(a) as a postgraduate doctor or trainee general practitioner
in accordance with paragraphs 70 to 75; or
(b) to undertake a clinical attachment in accordance with
paragraphs 75G to 75M of these Rules; or
(c) as a work permit holder for employment in the United Kingdom
as a doctor in accordance with paragraphs 128 to 135; or
(d) as a doctor under the highly skilled migrant programme
in accordance with paragraphs 135A to 135H.
Leave to enter to take the PLAB
Test
75B. A person seeking leave to enter the
United Kingdom to take the PLAB Test may be admitted for a
period not exceeding 6 months, provided the Immigration Officer
is satisfied that each of the requirements of paragraph 75A
is met.
Refusal of leave to enter to
take the PLAB Test
75C. Leave to enter the United Kingdom to
take the PLAB Test is to be refused if the Immigration Officer
is not satisfied that each of the requirements of paragraph
75A is met.
Requirements for an extension
of stay in order to take the PLAB Test
75D. The requirements for an extension of
stay in the United Kingdom in order to take the PLAB Test
are that the applicant:
(i) was given leave to enter the United Kingdom for the purposes
of taking the PLAB Test in accordance with paragraph 75B of
these Rules; and
(ii) intends to take the PLAB Test and can provide documentary
evidence of a confirmed test date; and
(iii) meets the requirements set out in paragraph 41 (iii)-(vii);
and
(iv) intends to leave the United Kingdom at the end of his
leave granted under this paragraph unless he is successful
in the PLAB Test and granted leave to remain:
(a) as a postgraduate doctor or trainee general practitioner
in accordance with paragraphs 70 to 75; or
(b) to undertake a clinical attachment in accordance with
paragraphs 75G to 75M of these Rules; or
(c) as a work permit holder for employment in the United Kingdom
as a doctor in accordance with paragraphs 128 to 135; or
(d) as a doctor under the highly skilled migrant programme
in accordance with paragraphs 135A to 135H; and
(v) would not as a result of an extension of stay spend more
than 18 months in the United Kingdom for the purpose of taking
the PLAB Test.
Extension of stay to take the
PLAB Test
75E. A person seeking leave to remain in
the United Kingdom to take the PLAB Test may be granted an
extension of stay for a period not exceeding 6 months, provided
the Secretary of State is satisfied that each of the requirements
of paragraph 75D is met.
Refusal of extension of stay
to take the PLAB Test
75F. Leave to remain in the United Kingdom
to take the PLAB Test is to be refused if the Secretary of
State is not satisfied that each of the requirements of paragraph
75D is met.
Requirements for leave to enter to undertake a clinical attachment
or dental observer post 75G. The requirements to be met by
a person seeking leave to enter to undertake a clinical attachment
or dental observer post are that the applicant:
(i) is a graduate from a medical or dental school and intends
to undertake a clinical attachment or dental observer post
in the United Kingdom; and
(ii) can provide documentary evidence of the clinical attachment
or dental observer post which will:
(a) be unpaid; and
(b) only involve observation, not treatment, of patients;
and
(iii) meets the requirements of paragraph 41 (iii ) - (vii)
of these Rules; and
(iv) intends to leave the United Kingdom at the end of his
leave granted under this paragraph unless he is granted leave
to remain:
(a) as a postgraduate doctor, dentist or trainee general practitioner
in accordance with paragraphs 70 to 75;
(b) as a work permit holder for employment in the United Kingdom
as a doctor or dentist in accordance with paragraphs 128 to
135; or
(c) as a General Practitioner under the highly skilled migrant
programme in accordance with paragraphs 135A to 135H.
Leave to enter to undertake
a clinical attachment or dental observer post
75H. A person seeking leave to enter the
United Kingdom to undertake a clinical attachment or dental
observer post may be admitted for the period of the clinical
attachment or dental observer post, up to a maximum of 12
months, provided the Immigration Officer is satisfied that
each of the requirements of paragraph 75G is met.
Refusal of leave to enter to
undertake a clinical attachment or dental observer post
75J. Leave to enter the United Kingdom to
undertake a clinical attachment or dental observer post is
to be refused if the Immigration Officer is not satisfied
that each of the requirements of paragraph 75G is met.
Requirements for an extension
of stay in order to undertake a clinical attachment or dental
observer post
75K. The requirements to be met by a person
seeking an extension of stay to undertake a clinical attachment
or dental observer post are that the applicant:
(i) was given leave to enter or remain in the United Kingdom
to undertake a clinical attachment or dental observer post
or:
(a) for the purposes of taking the PLAB Test in accordance
with paragraphs 75A to 75F and has passed both parts of the
PLAB Test;
(b) as a postgraduate doctor, dentist or trainee general practitioner
in accordance with paragraphs 70 to 75; or
(c) as a work permit holder for employment in the UK as a
doctor or dentist in accordance with paragraphs 128 to 135;
and
(ii) is a graduate from a medical or dental school and intends
to undertake a clinical attachment or dental observer post
in the United Kingdom; and
(iii) can provide documentary evidence of the clinical attachment
or dental observer post which will:
(a) be unpaid; and
(b) only involve observation, not treatment, of patients;
and
(iv) intends to leave the United Kingdom at the end of his
period of leave granted under this paragraph unless he is
granted leave to remain:
(a) as a postgraduate doctor, dentist or trainee general practitioner
in accordance with paragraphs 70 to 75; or
(b) as a work permit holder for employment in the United Kingdom
as a doctor or dentist in accordance with paragraphs 128 to
135; or
(c) as a General Practitioner under the highly skilled migrant
programme in accordance with paragraphs 135A to 135H.; and
(v) meets the requirements of paragraph 41 (iii) - (vii) of
these Rules.
Extension of stay to undertake
a clinical attachment or dental observer post
75L. A person seeking leave to remain in
the United Kingdom to undertake a clinical attachment or dental
observer post may be granted an extension of stay for the
period of their clinical attachment or dental observer post,
provided that the Secretary of State is satisfied that each
of the requirements of paragraph 75K is met.
Refusal of extension of stay
to undertake a clinical attachment or dental observer post
75M. Leave to remain in the United Kingdom
to undertake a clinical attachment or dental observer post
is to be refused if the Secretary of State is not satisfied
that each of the requirements of paragraph 75K is met.
SPOUSES OF STUDENTS OR CIVIL
PARNTERS OF PROSPECTIVE STUDENTS
Requirements for leave to enter
or remain as the spouse or civil partner of a student or prospective
student
76. The requirements to be met by a person
seeking leave to enter or remain in the United Kingdom as
the spouse or civil partner of a student or a prospective
student are that::
(i) the applicant is married to or the civil partner of a
person admitted to or allowed to remain in the United Kingdom
under paragraphs 57-75 or 82-87; and
(ii) each of the parties intends to live with the other as
his or her spouse or civil partner during the applicant's
stay and the marriage or the civil partner of is subsisting;
and
(iii) there will be adequate accommodation for the parties
and any dependants without recourse to public funds; and
(iv) the parties will be able to maintain themselves and
any dependants adequately without recourse to public funds;
and
(v) the applicant does not intend to take employment except
as permitted under paragraph 77 below; and
(vi) the applicant intends to leave the United Kingdom at
the end of any period of leave granted to him.
Leave to enter or remain as
the spouse or civil partner of a student or prospective student
77. A person seeking leave to enter or remain
in the United Kingdom as the spouse or civil partner of a
student or a prospective student may be admitted or allowed
to remain for a period not in excess of that granted to the
student or prospective student provided the Immigration Officer
or, in the case of an application for limited leave to remain,
the Secretary of State is satisfied that each of the requirements
of paragraph 76 is met. Employment may be permitted where
the period of leave granted to the student or prospective
student is, or was, 12 months or more.
Refusal of leave to enter or
remain as the spouse or civil partner of a student or prospective
student
78. Leave to enter or remain as the spouse
or civil partner of a student or prospective student is to
be refused if the Immigration Officer or, in the case of an
application for limited leave to remain, the Secretary of
State is not satisfied that each of the requirements of paragraph
76 is met.
CHILDREN OF STUDENTS OR PROSPECTIVE
STUDENTS
Requirements for leave to enter
or remain as the child of a student or prospective student
79. The requirements to be met by a person
seeking leave to enter or remain in the United Kingdom as
the child of a student or prospective student are that he:
(i) is the child of a parent admitted to or allowed to remain
in the United Kingdom as a student or prospective student
under paragraphs 57-75 or 82-87; and
(ii) is under the age of 18 or has current leave to enter
or remain in this capacity; and
(iii) is unmarried, has not formed an independent family
unit and is not leading an independent life; and
(iv) can, and will, be maintained and accommodated adequately
without recourse to public funds; and
(v) will not stay in the United Kingdom beyond any period
of leave granted to his parent.
Leave to enter or remain as
the child of a student or prospective student
80. A person seeking leave to enter or remain
in the United Kingdom as the child of a student or prospective
student may be admitted or allowed to remain for a period
not in excess of that granted to the student or prospective
student provided the Immigration Officer or, in the case of
an application for limited leave to remain, the Secretary
of State is satisfied that each of the requirements of paragraph
79 is met. Employment may be permitted where the period of
leave granted to the student or prospective student is, or
was, 12 months or more.
Refusal of leave to enter or
remain as the child of a student or prospective student
81. Leave to enter or remain in the United
Kingdom as the child of a student or prospective student is
to be refused if the Immigration Officer or, in the case of
an application for limited leave to remain, the Secretary
of State, is not satisfied that each of the requirements of
paragraph 79 is met.
PROSPECTIVE STUDENTS
Requirements for leave to enter
as a prospective student
82. The requirements to be met by a person
seeking leave to enter the United Kingdom as a prospective
student are that he:
(i) can demonstrate a genuine and realistic intention of
undertaking, within 6 months of his date of entry:
(a) a course of study which would meet the requirements for
an extension of stay as a student under paragraphs 60 to 67
of these Rules; or
(b) a supervised practice placement or midwife adaptation
course which would meet the requirements for an extension
of stay as an overseas qualified nurse or midwife under paragraphs
69P to 69R of these Rules; and
(ii) intends to leave the United Kingdom on completion of
his studies or on the expiry of his leave to enter if he is
not able to meet the requirements for an extension of stay:
(a) as a student in accordance with paragraph 60 or 67 of
these Rules; or
(b) as an overseas qualified nurse or midwife in accordance
with paragraph 69P of these Rules; and
(iii) is able without working or recourse to public funds
to meet the costs of his intended course and accommodation
and the maintenance of himself and any dependants while making
arrangements to study and during the course of his studies.
Leave to enter as a prospective
student
83. A person seeking leave to enter the
United Kingdom as a prospective student may be admitted for
a period not exceeding 6 months with a condition prohibiting
employment, provided the Immigration Officer is satisfied
that each of the requirements of paragraph 82 is met.
Refusal of leave to enter as
a prospective student
84. Leave to enter as a prospective student
is to be refused if the Immigration Officer is not satisfied
that each of the requirements of paragraph 82 is met.
Requirements for extension of
stay as a prospective student
85. Six months is the maximum permitted
leave which may be granted to a prospective student. The requirements
for an extension of stay as a prospective student are that
the applicant:
(i) was admitted to the United Kingdom with a valid prospective
student entry clearance if he is a person specified in Appendix
1 to these Rules; and
(ii) meets the requirements of paragraph 82; and
(iii) would not, as a result of an extension of stay, spend
more than 6 months in the United Kingdom.
Extension of stay as a prospective
student
86. An extension of stay as a prospective
student may be granted, with a prohibition on employment,
provided the Secretary of State is satisfied that each of
the requirements of paragraph 85 is met.
Refusal of extension of stay
as a prospective student
87. An extension of stay as a prospective
student is to be refused if the Secretary of State is not
satisfied that each of the requirements of paragraph 85 is
met.
STUDENTS' UNIONS SABBATICAL
OFFICERS
Requirements for leave to enter
as a sabbatical officer
87A. The requirements to be met by a person seeking leave
to enter the United Kingdom as a sabbatical officer are that
the person:
(i) has been elected to a full-time salaried post as a sabbatical
officer at an educational establishment at which he is registered
as a student;
(ii) meets the requirements set out in paragraph 57 (i)-(ii)
or met the requirements set out in paragraph 57 (i)-(ii) in
the academic year prior to the one in which he took up or
intends to take up sabbatical office; and
(iii) does not intend to engage in business or take employment
except in connection with his sabbatical post; and
(iv) is able to maintain and accommodate himself and any
dependants adequately without recourse to public funds; and
(v) at the end of the sabbatical post he intends to:
(a) complete a course of study which he has already begun;
or
(b) take up a further course of study which has been deferred
to enable the applicant to take up the sabbatical post; or
(c) leave the United Kingdom; and
(vi) has not come to the end of a period of government or
international scholarship agency sponsorship, or has the written
consent of his official sponsor to take up a sabbatical post
in the United Kingdom; and
(vii) has not already completed 2 years as a sabbatical officer.
Leave to enter the United Kingdom
as a sabbatical officer
87B. A person seeking leave to enter the
United Kingdom as a sabbatical officer may be admitted for
a period not exceeding 12 months on conditions specifying
his employment provided the Immigration Officer is satisfied
that each of the requirements of paragraph 87A is met.
Refusal of leave to enter the
United Kingdom as a sabbatical officer
87C. Leave to enter as a sabbatical officer
is to be refused if the Immigration Officer is not satisfied
that each of the requirements of paragraph 87A is met.
Requirements for an extension
of stay as a sabbatical officer
87D. The requirements for an extension of
stay as a sabbatical officer are that the applicant:
(i) was admitted to the United Kingdom with a valid student
entry clearance if he was then a visa national; and
(ii) meets the requirements set out in paragraph 87A (i)
- (vi); and
(iii) would not, as a result of an extension of stay, remain
in the United Kingdom as a sabbatical officer to a date beyond
2 years from the date on which he was first given leave to
enter the United Kingdom in this capacity.
Extension of stay as a sabbatical
officer
87E. An extension of stay as a sabbatical
officer may be granted for a period not exceeding 12 months
on conditions specifying his employment provided the Secretary
of State is satisfied that the applicant meets each of the
requirements of paragraph 87D.
Refusal of extension of stay
as a sabbatical officer
87F. An extension of stay as a sabbatical
officer is to be refused if the Secretary of State is not
satisfied that each of the requirements of paragraph 87D is
met.
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