Persons exercising rights of access to a child resident in
the United Kingdom 246-248
EEA nationals and their families 255-262
Retired persons of independent means 263-270
Spouses of persons with limited leave to enter or remain in
the United Kingdom as retired persons of independent means
271-273
Children of persons with limited leave to enter or remain
in the United Kingdom as retired persons of independent means
274-276
Long residence 276A-276E
HM Forces 276E-276Q
.....................................................................................................................
Requirements for leave to enter
the United Kingdom as a person exercising rights of access
to a child resident in the United Kingdom
246. The requirements to be met by a person seeking leave
to enter the United Kingdom to exercise access rights to a
child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident
in the United Kingdom; and
(ii) the parent or carer with whom the child permanently
resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access
rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court
in the United Kingdom; or
(b) a certificate issued by a district judge confirming the
applicant's intention to maintain contact with the child;
and
(iv) the applicant intends to take an active role in the
child's upbringing; and
(v) the child is under the age of 18; and
(vi) there will be adequate accommodation for the applicant
and any dependants without recourse to public funds in accommodation
which the applicant owns or occupies exclusively; and
(vii) the applicant will be able to maintain himself and
any dependants adequately without recourse to public funds;
and
(viii) the applicant holds a valid United Kingdom entry clearance
for entry in this capacity.
Leave to enter the United Kingdom
as a person exercising rights of access to a child resident
in the United Kingdom
247. Leave to enter as a person exercising access rights
to a child resident in the United Kingdom may be granted for
12 months in the first instance, provided that a valid United
Kingdom entry clearance for entry in this capacity is produced
to the Immigration Officer on arrival.
Refusal of leave to enter the
United Kingdom as a person exercising rights of access to
a child resident in the United Kingdom
248. Leave to enter as a person exercising rights of access
to a child resident in the United Kingdom is to be refused
if a valid United Kingdom entry clearance for entry in this
capacity is not produced to the Immigration Officer on arrival.
Requirements for leave to remain
in the United Kingdom as a person exercising rights of access
to a child resident in the United Kingdom
248A. The requirements to be met by a person seeking leave
to remain in the United Kingdom to exercise access rights
to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident
in the United Kingdom; and
(ii) the parent or carer with whom the child permanently
resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access
rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court
in the United Kingdom; or
(b) a certificate issued by a district judge confirming the
applicant's intention to maintain contact with the child;
or
(c) a statement from the child's other parent (or, if contact
is supervised, from the supervisor) that the applicant is
maintaining contact with the child; and
(iv) the applicant takes and intends to continue to take
an active role in the child's upbringing; and
(v) the child visits or stays with the applicant on a frequent
and regular basis and the applicant intends this to continue;
and
(vi) the child is under the age of 18; and
(vii) the applicant has limited leave to remain in the United
Kingdom as the spouse, civil partner, unmarried partner or
same-sex partner of a person present and settled in the United
Kingdom who is the other parent of the child; and
(viii) the applicant has not remained in breach of the immigration
laws; and
(ix) there will be adequate accommodation for the applicant
and any dependants without recourse to public funds in accommodation
which the applicant owns or occupies exclusively; and
(x) the applicant will be able to maintain himself and any
dependants adequately without recourse to public funds.
Leave to remain in the United
Kingdom as a person exercising rights of access to a child
resident in the United Kingdom
248B. Leave to remain as a person exercising access rights
to a child resident in the United Kingdom may be granted for
12 months in the first instance, provided the Secretary of
State is satisfied that each of the requirements of paragraph
248A is met.
Refusal of leave to remain in
the United Kingdom as a person exercising rights of access
to a child resident in the United Kingdom
248C. Leave to remain as a person exercising rights of access
to a child resident in the United Kingdom is to be refused
if the Secretary of State is not satisfied that each of the
requirements of paragraph 248A is met.
Indefinite leave to remain in
the United Kingdom as a person exercising rights of access
to a child resident in the United Kingdom
248D. The requirements for indefinite leave to remain in
the United Kingdom as a person exercising rights of access
to a child resident in the United Kingdom are that:
(i) the applicant was admitted to the United Kingdom or granted
leave to remain in the United Kingdom for a period of 12 months
as a person exercising rights of access to a child and has
completed a period of 12 months as a person exercising rights
of access to a child; and
(ii) the applicant takes and intends to continue to take
an active role in the child's upbringing; and
(iii) the child visits or stays with the applicant on a frequent
and regular basis and the applicant intends this to continue;
and
(iv) there will be adequate accommodation for the applicant
and any dependants without recourse to public funds in accommodation
which the applicant owns or occupies exclusively; and
(v) the applicant will be able to maintain himself and any
dependants adequately without recourse to public funds; and
(vi) the child is under 18 years of age.
Indefinite leave to remain as
a person exercising rights of access to a child resident in
the United Kingdom
248E. Indefinite leave to remain as a person exercising rights
of access to a child may be granted provided the Secretary
of State is satisfied that each of the requirements of paragraph
248D is met.
Refusal of indefinite leave
to remain in the United Kingdom as a person exercising rights
of access to a child resident in the United Kingdom
248F. Indefinite leave to remain as a person exercising rights
of access to a child is to be refused if the Secretary of
State is not satisfied that each of the requirements of paragraph
248D is met.
HOLDERS OF SPECIAL VOUCHERS
Requirements for indefinite
leave to enter as the holder of a special voucher
249. DELETED
Indefinite leave to enter as the holder of a special voucher
250. DELETED
Refusal of indefinite leave to enter as the holder of a special
voucher
251. DELETED
Requirements for indefinite leave to enter as the spouse
or child of a special voucher holder
252. DELETED
Indefinite leave to enter as the spouse or child of a special
voucher holder
253. DELETED
Refusal of indefinite leave to enter as the spouse or child
of a special voucher holder
254. DELETED
EEA NATIONALS AND THEIR FAMILIES
Settlement
255. Any person (other than a student) who under, either
the Immigration (European Economic Area) Order 1994, or the
2000 EEA Regulations has been issued with a residence permit
or residence document valid for 5 years, and who has remained
in the United Kingdom in accordance with the provisions of
that Order or those Regulations (as the case may be) for 4
years and continues to do so may, on application, have his
residence permit or residence document (as the case may be)
endorsed to show permission to remain in the United Kingdom
indefinitely.
255A. This paragraph applies where a Swiss national has been
issued with a residence permit under the 2000 EEA Regulations
and, prior to 1st June 2002, remained in the United Kingdom
in accordance with the provisions of these Rules and in a
capacity which would have entitled that Swiss national to
apply for indefinite leave to remain after a continuous period
of 4 years in that capacity in the United Kingdom. Where this
paragraph applies, the period during which the Swiss national
remained in the United Kingdom prior to 1st June 2002 shall
be treated as a period during which he remained in the United
Kingdom in accordance with the 2000 EEA Regulations for the
purpose of calculating the 4 year period referred to in paragraph
255.
255B. This paragraph applies where an Accession State national
has been issued with a residence permit under the 2000 EEA
Regulations and, prior to 1st May 2004, remained in the United
Kingdom in accordance with the provisions of these Rules and
in a capacity which would have entitled that Accession State
national to apply for indefinite leave to remain after a continuous
period of 4 years in that capacity in the United Kingdom.
Where this paragraph applies, the period during which the
Accession State national remained in the United Kingdom prior
to 1st May 2004 shall be treated as a period during which
he remained in the United Kingdom in accordance with the 2000
EEA Regulations for the purpose of calculating the 4 year
period referred to in paragraph 255.
256. DELETED
257. In addition, the following persons will be permitted
to remain in the United Kingdom indefinitely in accordance
with Commission Regulation 1251/70:
(i) an EEA national who has been continuously resident in
the United Kingdom for at least 3 years, has been in employment
in the United Kingdom or any other Member State of the EEA
for the preceding 12 months, and has reached the age of entitlement
to a state retirement pension;
(ii) an EEA national who has ceased to be employed owing
to a permanent incapacity for work arising out of an accident
at work or an occupational disease entitling him to a state
disability pension;
(iii) an EEA national who has been continuously resident
in the United Kingdom for at least 2 years, and who has ceased
to be employed owing to a permanent incapacity for work;
(iv) a member of the family of an EEA national to whom (i),
(ii) or (iii) above applies;
(v) a member of the family of an EEA national who dies during
his working life after having resided continuously in the
United Kingdom for at least 2 years, or whose death results
from an accident at work or an occupational disease.
For the purposes of this paragraph:
"EEA national"
(a) EEA national means a national of a Member State, other
than the United Kingdom, or Norway, Iceland or Liechtenstein,
but for the purposes of (iv) and (v) includes a national of
the United Kingdom where the conditions set out in regulation
11 of the 2000 EEA Regulations are satisfied. A Swiss national
shall also be treated as an EEA national for the purposes
of these Rules; and
A "member of the family" is a family member as
defined in regulation 6 of the 2000 EEA Regulations, or a
person whom it has been decided to treat as a family member
in accordance with the principles set out in regulation 10
of those Regulations. So far as this paragraph relates to
a Swiss national no account will be taken of any period of
residence before 1st June 2002, a cessation of employment
before that date, or a death before that date.
(b) So far as this paragraph relates to an Accession State
national no account will be taken of any period of residence
before 1st May 2004, a cessation of employment before that
date, or a death before that date.
257A. This paragraph applies where a Swiss national was admitted
to the United Kingdom before 1st June 2002 for an initial
period not exceeding 12 months pursuant to paragraph 282 and
on or after that date became a qualified person or the family
member of a qualified person under the 2000 EEA Regulations.
Where this paragraph applies the Swiss national may, on application,
have his residence permit endorsed to show permission to remain
in the United Kingdom indefinitely if he meets the requirements
set out in paragraph 287.
257B. This paragraph applies where an Accession State national
was admitted to the United Kingdom before 1st May 2004 for
an initial period not exceeding 12 months pursuant to paragraph
282 and on or after that date became a qualified person or
the family member of a qualified person under the 2000 EEA
Regulations. Where this paragraph applies the Accession State
national may, on application, have his residence permit endorsedto
show permission to remain in the United Kingdom indefinitely
if he meets the requirements set out in paragraph 287.
Requirements for leave to enter
or remain as the primary carer or relative of an EEA national
self-sufficient child
257C. The requirements to be met by a person seeking leave
to enter or remain as the primary carer or relative of an
EEA national self-sufficient child are that the applicant:
(i) is:
(a) the primary carer; or
(b) the parent; or
(c) the sibling,
of an EEA national under the age of 18 who has a right of
residence in the United Kingdom under the 2000 EEA Regulations
as a self-sufficient person; and
(ii) is living with the EEA national or is seeking entry
to the United Kingdom in order to live with the EEA national;
and
(iii) in the case of a sibling of the EEA national:
(a) is under the age of 18 or has current leave to enter
or remain in this capacity; and
(b) is unmarried and is not a civil partner, has not formed
an independent family unit and is not leading an independent
life; and
(iv) can, and will, be maintained and accommodated without
taking employment or having recourse to public funds; and
(v) if seeking leave to enter, holds a valid United Kingdom
entry clearance for entry in this capacity.
In this paragraph, "sibling", includes a half-brother
or half-sister and a stepbrother or stepsister.
Leave to enter or remain as
the primary carer or relative of an EEA national self-sufficient
child
257D. Leave to enter or remain in the United Kingdom as the
primary carer or relative of an EEA national self-sufficient
child may be granted for a period not exceeding five years
or the remaining period of validity of any residence permit
held by the EEA national under the 2000 EEA Regulations, whichever
is the shorter, provided that, in the case of an application
for leave to enter, the applicant is able to produce to the
Immigration Officer, on arrival a valid entry clearance for
entry in this capacity or, in the case of an application for
leave to remain, the applicant is able to satisfy the Secretary
of State that each of the requirements of paragraph 257C (i)
to (iv) is met. Leave to enter or remain is to be subject
to a condition prohibiting employment and recourse to public
funds.
Refusal of leave to enter or
remain as the primary carer or relative of an EEA national
self-sufficient child
257E. Leave to enter or remain in the United Kingdom as the
primary carer or relative of an EEA national self-sufficient
child is to be refused if, in the case of an application for
leave to enter, the applicant is unable to produce to the
Immigration Officer on arrival a valid United Kingdom entry
clearance for entry in this capacity or, in the case of an
application for leave to remain, if the applicant is unable
to satisfy the Secretary of State that each of the requirements
of paragraph 257C (i) to (iv) is met.
The EEA family permit
258. DELETED
Requirements for the issue of an EEA family permit
259. DELETED
Issue of an EEA family permit
260. DELETED
Refusal of an application for an EEA family permit
261. DELETED
Registration with the police for family members of EEA nationals
262. DELETED
RETIRED PERSONS OF INDEPENDENT MEANS
Requirements for leave to enter
the United Kingdom as a retired person of independent means
263. The requirements to be met by a person seeking leave
to enter the United Kingdom as a retired person of independent
means are that he:
(i) is at least 60 years old; and
(ii) has under his control and disposable in the United Kingdom
an income of his own of not less than £25,000 per annum;
and
(iii) is able and willing to maintain and accommodate himself
and any dependants indefinitely in the United Kingdom from
his own resources with no assistance from any other person
and without taking employment or having recourse to public
funds; and
(iv) can demonstrate a close connection with the United Kingdom;
and
(v) intends to make the United Kingdom his main home; and
(vi) holds a valid United Kingdom entry clearance for entry
in this capacity.
Leave to enter as a retired person of independent means
264. A person seeking leave to enter the United Kingdom as
a retired person of independent means may be admitted subject
to a condition prohibiting employment for a period not exceeding
4 years, provided he is able to produce to the Immigration
Officer, on arrival, a valid United Kingdom entry clearance
for entry in this capacity.
Refusal of leave to enter as
a retired person of independent means
265. Leave to enter as a retired person of independent means
is to be refused if a valid United Kingdom entry clearance
for entry in this capacity is not produced to the Immigration
Officer on arrival.
Requirements for an extension
of stay as a retired person of independent means
266. The requirements for an extension of stay as a retired
person of independent means are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom
entry clearance as a retired person of independent means;
and
(ii) meets the requirements of paragraph 263 (ii)-(iv); and
(iii) has made the United Kingdom his main home.
Extension of stay as a retired person of independent means
266A. The requirements for an extension of stay as a retired
person of independent means for a person in the United Kingdom
as a work permit holder are that the applicant:
(i) entered the United Kingdom or was granted leave to remain
as a work permit holder in accordance with paragraphs 128
to 133 of these Rules; and
(ii) meets the requirements of paragraph 263 (i) -(v).
266B. The requirements for an extension of stay as a retired
person of independent means for a person in the United Kingdom
as a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was granted leave to remain
as a highly skilled migrant in accordance with paragraphs
135A to 135F of these Rules; and
(ii) meets the requirements of paragraph 263 (i) - (v).
266C. The requirements for an extension of stay as a retired
person of independent means for a person in the United Kingdom
to establish themselves or remain in business are that the
applicant:
(i) entered the United Kingdom or was granted leave to remain
as a person intending to establish themselves or remain in
business in accordance with paragraphs 201 to 208 of these
Rules; and
(ii) meets the requirements of paragraph 263 (i) - (v).
266D. The requirements for an extension of stay as a retired
person of independent means for a person in the United Kingdom
as an innovator are that the applicant:
(i) entered the United Kingdom or was granted leave to remain
as an innovator in accordance with paragraphs 210A to 210F
of these Rules; and
(ii) meets the requirements of paragraph 263 (i) - (v).
267. An extension of stay as a retired person of independent
means, with a prohibition on the taking of employment, may
be granted so as to bring the person's stay in this category
up to a maximum of 4 years in aggregate, provided the Secretary
of State is satisfied that each of the requirements of paragraph
266 is met. An extension of stay as a retired person of independent
means, with a prohibition on the taking of employment, may
be granted for a maximum period of 4 years, provided the Secretary
of State is satisfied that each of the requirements of paragraph
266A, 266B, 266C or 266D is met.
Refusal of extension of stay
as a retired person of independent means
268.An extension of stay as a retired person of independent
means is to be refused if the Secretary of State is not satisfied
that each of the requirements of paragraph 266, 266A, 266B,
266C or 266D is met.
Indefinite leave to remain for
a retired person of independent means
269. Indefinite leave to remain may be granted, on application,
to a person admitted as a retired person of independent means
provided he:
(i) has spent a continuous period of 4 years in the United
Kingdom in this capacity; and
(ii) has met the requirements of paragraph 266 throughout
the 4 year period and continues to do so.
Refusal of indefinite leave
to remain for a retired person of independent means
270. Indefinite leave to remain in the United Kingdom for
a retired person of independent means is to be refused if
the Secretary of State is not satisfied that each of the requirements
of paragraph 269 is met.
SPOUSES OR CIVIL PARTNERS OF PERSONS WITH LIMITED LEAVE TO
ENTER OR REMAIN IN THE UNITED KINGDOM AS RETIRED PERSONS OF
INDEPENDENT MEANS
Requirements for leave to enter or remain as the spouse or
civil partners of a person with limited leave to enter or
remain in the United Kingdom as a retired person of independent
means
271. The requirements to be met by a person seeking leave
to enter or remain in the United Kingdom as the spouse or
civil partners of a person with limited leave to enter or
remain in the United Kingdom as a retired person of independent
means are that:
(i) the applicant is married or the civil partner of to a
person with limited leave to enter or remain in the United
Kingdom as a retired person of independent means; and
(ii) each of the parties intends to live with the other as
his or her spouse or civil partners during the applicant's
stay and the marriage or civil partnership is subsisting;
and
(iii) there will be adequate accommodation for the parties
and any dependants without recourse to public funds in accommodation
which they own or occupy exclusively; and
(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 stay in the United Kingdom
beyond any period of leave granted to his spouse; and
(vi) if seeking leave to enter, the applicant holds a valid
United Kingdom entry clearance for entry in this capacity
or, if seeking leave to remain, was admitted with a valid
United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as
the spouse or civil partners of a person with limited leave
to enter or remain in the United Kingdom as a retired person
of independent means
272. A person seeking leave to enter or remain in the United
Kingdom as the spouse or civil partners of a person with limited
leave to enter or remain in the United Kingdom as a retired
person of independent means may be given leave to enter or
remain in the United Kingdom for a period not in excess of
that granted to the person given limited leave to enter or
remain as a retired person of independent means, provided
that, in relation to an application for leave to enter, he
is able to produce to the Immigration Officer, on arrival,
a valid United Kingdom entry clearance for entry in this capacity,
or, in the case of an application for limited leave to remain,
he was admitted with a valid United Kingdom entry clearance
for entry in this capacity and is able to satisfy the Secretary
of State that each of the requirements of paragraph 271 (i)-(v)
is met. An application for indefinite leave to remain in this
category may be granted provided the applicant was admitted
with a valid United Kingdom entry clearance for entry in this
capacity and is able to satisfy the Secretary of State that
each of the requirements of paragraph 271(i)-(v) is met and
provided indefinite leave to remain is, at the same time,
being granted to the person with limited leave to enter or
remain as a retired person of independent means. Leave to
enter or remain is to be subject to a condition prohibiting
employment except in relation to the grant of indefinite leave
to remain.
Refusal of leave to enter or
remain as the spouse or civil partners of a person with limited
leave to enter or remain in the United Kingdom as a retired
person of independent means
273. Leave to enter or remain in the United Kingdom as the
spouse or civil partners of a person with limited leave to
enter or remain in the United Kingdom as a retired person
of independent means is to be refused if, in relation to an
application for leave to enter, a valid United Kingdom entry
clearance for entry in this capacity is not produced to the
Immigration Officer on arrival or, in the case of an application
for limited leave to remain, if the applicant was not admitted
with a valid United Kingdom entry clearance for entry in this
capacity or is unable to satisfy the Secretary of State that
each of the requirements of paragraph 271 (i)-(v) is met.
An application for indefinite leave to remain in this category
is to be refused if the applicant was not admitted with a
valid United Kingdom entry clearance for entry in this capacity
or is unable to satisfy the Secretary of State that each of
the requirements of paragraph 271 (i)-(v) is met or if indefinite
leave to remain is not, at the same time, being granted to
the person with limited leave to enter or remain as a retired
person of independent means.
CHILDREN OF PERSONS WITH LIMITED LEAVE TO ENTER OR REMAIN
IN THE UNITED KINGDOM AS RETIRED PERSONS OF INDEPENDENT MEANS
Requirements for leave to enter
or remain as the child of a person with limited leave to enter
or remain in the United Kingdom as a retired person of independent
means
274. The requirements to be met by a person seeking leave
to enter or remain in the United Kingdom as the child of a
person with limited leave to enter or remain in the United
Kingdom as a retired person of independent means are that:
(i) he is the child of a parent who has been admitted to
or allowed to remain in the United Kingdom as a retired person
of independent means; and
(ii) he is under the age of 18 or has current leave to enter
or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not
formed an independent family unit and is not leading an independent
life; and
(iv) he can, and will, be maintained and accommodated adequately
without recourse to public funds in accommodation which his
parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period
of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed
to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole
surviving parent; or
(b) the parent he is accompanying or joining has had sole
responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations
which make exclusion from the United Kingdom undesirable and
suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United
Kingdom entry clearance for entry in this capacity or, if
seeking leave to remain, was admitted with a valid United
Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as
the child of a person with limited leave to enter or remain
in the United Kingdom as a retired person of independent means
275. A person seeking leave to enter or remain in the United
Kingdom as the child of a person with limited leave to enter
or remain in the United Kingdom as a retired person of independent
means may be given leave to enter or remain in the United
Kingdom for a period of leave not in excess of that granted
to the person with limited leave to enter or remain as a retired
person of independent means provided that, in relation to
an application for leave to enter, he is able to produce to
the Immigration Officer, on arrival, a valid United Kingdom
entry clearance for entry in this capacity or, in the case
of an application for limited leave to remain, he was admitted
with a valid United Kingdom entry clearance for entry in this
capacity and is able to satisfy the Secretary of State that
each of the requirements of paragraph 274 (i)-(vi) is met.
An application for indefinite leave to remain in this category
may be granted provided the applicant was admitted to the
United Kingdom with a valid United Kingdom entry clearance
for entry in this capacity and is able to satisfy the Secretary
of State that each of the requirements of paragraph 274 (i)-(vi)
is met and provided indefinite leave to remain is, at the
same time, being granted to the person with limited leave
to enter or remain as a retired person of independent means.
Leave to enter or remain is to be subject to a condition prohibiting
employment except in relation to the grant of indefinite leave
to remain.
Refusal of leave to enter or
remain as the child of a person with limited leave to enter
or remain in the United Kingdom as a retired person of independent
means
276. Leave to enter or remain in the United Kingdom as the
child of a person with limited leave to enter or remain in
the United Kingdom as a retired person of independent means
is to be refused if, in relation to an application for leave
to enter, a valid United Kingdom entry clearance for entry
in this capacity is not produced to the Immigration Officer
on arrival, or in the case of an application for limited leave
to remain, if the applicant was not admitted with a valid
United Kingdom entry clearance for entry in this capacity
or is unable to satisfy the Secretary of State that each of
the requirements of paragraph 274 (i)-(vi) is met. An application
for indefinite leave to remain in this category is to be refused
if the applicant was not admitted with a valid United Kingdom
entry clearance for entry in this capacity or is unable to
satisfy the Secretary of State that each of the requirements
of paragraph 274 (i)-(vi) is met or if indefinite leave to
remain is not, at the same time, being granted to the person
with limited leave to enter or remain as a retired person
of independent means.
Long residence
Long residence in the United
Kingdom
276A. For the purposes of paragraphs 276B to 276D:
(a) "continuous residence" means residence in the
United Kingdom for an unbroken period, and for these purposes
a period shall not be considered to have been broken where
an applicant is absent from the United Kingdom for a period
of 6 months or less at any one time, provided that the applicant
in question has existing limited leave to enter or remain
upon their departure and return, but shall be considered to
have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section
10 of the 1999 Act, has been deported or has left the United
Kingdom having been refused leave to enter or remain here;
or
(ii) has left the United Kingdom and, on doing so, evidenced
a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he
could have had no reasonable expectation at the time of leaving
that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to
a period of imprisonment or was directed to be detained in
an institution other than a prison (including, in particular,
a hospital or an institution for young offenders), provided
that the sentence in question was not a suspended sentence;
or
(v) has spent a total of more than 18 months absent from
the United Kingdom during the period in question.
(b) "lawful residence" means residence which is
continuous residence pursuant to:
(i) existing leave to enter or remain; or
(ii) temporary admission within section 11 of the 1971 Act
where leave to enter or remain is subsequently granted; or
(iii) an exemption from immigration control, including where
an exemption ceases to apply if it is immediately followed
by a grant of leave to enter or remain.
Requirements for indefinite
leave to remain on the ground of long residence in the United
Kingdom
276B. The requirements to be met by an applicant for indefinite
leave to remain on the ground of long residence in the United
Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence
in the United Kingdom; or
(b) he has had at least 14 years continuous residence in
the United Kingdom, excluding any period spent in the United
Kingdom following service of notice of liability to removal
or notice of a decision to remove by way of directions under
paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration
Act 1971 or section 10 of the Immigration and Asylum Act 1999
Act, or of a notice of intention to deport him from the United
Kingdom; and
(ii) having regard to the public interest there are no reasons
why it would be undesirable for him to be given indefinite
leave to remain on the ground of long residence, taking into
account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations
and employment record; and
(d) domestic circumstances; and
(e) previous criminal record and the nature of any offence
of which the person has been convicted; and
(f) compassionate circumstances; and
(g) any representations received on the person?s behalf.
Indefinite leave to remain on
the ground of long residence in the United Kingdom
276C. Indefinite leave to remain on the ground of long residence
in the United Kingdom may be granted provided that the Secretary
of State is satisfied that each of the requirements of paragraph
276B is met.
Refusal of indefinite leave
to remain on the ground of long residence in the United Kingdom
276D. Indefinite leave to remain on the ground of long residence
in the United Kingdom is to be refused if the Secretary of
State is not satisfied that each of the requirements of paragraph
276B is met.
HM FORCES
Definition of Gurkha
276E. For the purposes of these Rules the term "Gurkha"
means a citizen or national of Nepal who has served in the
Brigade of Gurkhas of the British Army under the Brigade of
Gurkhas' terms and conditions of service.
LEAVE TO ENTER OR REMAIN IN
THE UNITED KINGDOM AS A GURKHA DISCHARGED FROM THE BRITISH
ARMY
Requirements for indefinite
leave to enter the United Kingdom as a Gurkha discharged from
the British Army
276F. The requirements for indefinite leave to enter the
United Kingdom as a Gurkha discharged from the British Army
are that:
(i) the applicant has completed at least four years' service
as a Gurkha with the British Army; and
(ii) was discharged from the British Army in Nepal on completion
of engagement on or after 1 July 1997; and
(iii) was not discharged from the British Army more than
2 years prior to the date on which the application
is made; and
(iv) holds a valid United Kingdom entry clearance for entry
in this capacity.
Indefinite leave to enter the
United Kingdom as a Gurkha discharged from the British Army
276G. A person seeking indefinite leave to enter the United
Kingdom as a Gurkha discharged from the British Army may be
granted indefinite leave to enter provided a valid United
Kingdom entry clearance for entry in this capacity is produced
to the Immigration Officer on arrival.
Refusal of indefinite leave
to enter the United Kingdom as a Gurkha discharged from the
British Army
276H. Indefinite leave to enter the United Kingdom as a Gurkha
discharged from the British Army is to be refused if a valid
United Kingdom entry clearance for entry in this capacity
is not produced to the Immigration Officer on arrival.
Requirements for indefinite
leave to remain in the United Kingdom as a Gurkha discharged
from the British Army
276I. The requirements for indefinite leave to remain in
the United Kingdom as a Gurkha discharged from the British
Army are that:
(i) the applicant has completed at least four years' service
as a Gurkha with the British Army; and
(ii) was discharged from the British Army in Nepal on completion
of engagement on or after 1 July 1997; and
(iii) was not discharged from the British Army more than
2 years prior to the date on which the application is made;
and
(iv) on the date of application has leave to enter or remain
in the United Kingdom.
Indefinite leave to remain in
the United Kingdom as a Gurkha discharged from the British
Army
276J. A person seeking indefinite leave to remain in the
United Kingdom as a Gurkha discharged from the British Army
may be granted indefinite leave to remain provided the Secretary
of State is satisfied that each of the requirements of paragraph
276I is met.
Refusal of indefinite leave
to remain in the United Kingdom as a Gurkha discharged from
the British Army
276K. Indefinite leave to remain in the United Kingdom as
a Gurkha discharged from the British Army is to be refused
if the Secretary of State is not satisfied that each of the
requirements of paragraph 276I is met.
LEAVE TO ENTER OR REMAIN IN THE UNITED KINDGOM AS A FOREIGN
OR COMMONWEALTH CITIZEN DISCHARGED FROM HM FORCES
Requirements for indefinite
leave to enter the United Kingdom as a foreign or Commonwealth
citizen discharged from HM Forces
276L. The requirements for indefinite leave to enter the
United Kingdom as a foreign or Commonwealth citizen discharged
from HM Forces are that:
(i) the applicant has completed at least four years' service
with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement;
and
(iii) was not discharged from HM Forces more than 2 years
prior to the date on which the application is made; and
(iv) holds a valid United Kingdom entry clearance for entry
in this capacity.
Indefinite leave to enter the
United Kingdom as a foreign or Commonwealth citizen discharged
from HM Forces
276M. A person seeking indefinite leave to enter the United
Kingdom as a foreign or Commonwealth citizen discharged from
HM Forces may be granted indefinite leave to enter provided
a valid United Kingdom entry clearance for entry in this capacity
is produced to the Immigration Officer on arrival.
Refusal of indefinite leave
to enter the United Kingdom as a foreign or Commonwealth citizen
discharged from HM Forces
276N. Indefinite leave to enter the United Kingdom as a foreign
or Commonwealth citizen discharged from HM Forces is to be
refused if a valid United Kingdom entry clearance for entry
in this capacity is not produced to the Immigration Officer
on arrival.
Requirements for indefinite
leave to remain in the United Kingdom as a foreign or Commonwealth
citizen discharged from HM Forces
276O. The requirements for indefinite leave to remain in
the United Kingdom as a foreign or Commonwealth citizen discharged
from HM Forces are that:
(i) the applicant has completed at least four years' service
with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement;
and
(iii) was not discharged from HM Forces more than 2 years
prior to the date on which the application is made; and
(iv) on the date of application has leave to enter or remain
in the United Kingdom.
Indefinite leave to remain in
the United Kingdom as a foreign or Commonwealth citizen discharged
from HM Forces
276P. A person seeking indefinite leave to remain in the
United Kingdom as a foreign or Commonwealth citizen discharged
from HM Forces may be granted indefinite leave to remain provided
the Secretary of State is satisfied that each of the requirements
of paragraph 276O is met.
Refusal of indefinite leave
to remain in the United Kingdom as a foreign or Commonwealth
citizen discharged from HM Forces
276Q. Indefinite leave to remain in the United Kingdom as
a foreign or Commonwealth citizen discharged from HM Forces
is to be refused if the Secretary of State is not satisfied
that each of the requirements of paragraph 276O is met.
SPOUSES OR CIVIL PARTNERS OF
PERSONS SETTLED OR SEEKING SETTLEMENT IN THE UNITED KINGDOM
IN ACCORDANCE WITH PARAGRAPHS 276E TO 276Q (HM FORCES RULES)
LEAVE TO ENTER OR REMAIN IN
THE UK AS THE SPOUSE OR CIVIL PARTNER OF A PERSON PRESENT
AND SETTLED IN THE UNITED KINGDOM OR BEING GRANTED SETTLEMENT
ON THE SAME OCCASION IN ACCORDANCE WITH PARAGRAPHS 276E TO
276Q
Requirements for indefinite
leave to enter the United Kingdom as the spouse or civil partner
of a person present and settled in the United Kingdom or being
admitted on the same occasion for settlement under paragraphs
276E to 276Q
276R. The requirements to be met by a person seeking indefinite
leave to enter the United Kingdom as the spouse or civil partner
of a person present and settled in the United Kingdom or being
admitted on the same occasion for settlement in accordance
with paragraphs 276E to 276Q are that:
(i) the applicant is married to a person present and settled
in the United Kingdom or who is being admitted on the same
occasion for settlement in accordance with paragraphs 276E
to 276Q; and
(ii) the parties to the marriage or civil partnership have
met; and
(iii) the parties were married or formed a civil partnership
at least 2 years ago; and
(iv) each of the parties intends to live permanently with
the other as his or her spouse or civil partner and
(v) the marriage is subsisting; and
(vi) the applicant holds a valid United Kingdom entry clearance
for entry in this capacity.
Indefinite leave to enter the
United Kingdom as the spouse or civil partner of a person
present and settled in the United Kingdom or being admitted
on the same occasion for settlement in accordance with paragraphs
276E to 276Q
276S. A person seeking leave to enter the United Kingdom
as the spouse or civil partner of a person present and settled
in the United Kingdom or being admitted on the same occasion
for settlement in accordance with paragraphs 276E to 276Q
may be granted indefinite leave to enter provided a valid
United Kingdom entry clearance for entry in this capacity
is produced to the Immigration Officer on arrival.
Refusal of indefinite leave
to enter the United Kingdom as the spouse or civil partner
of a person present and settled in the UK or being admitted
on the same occasion for settlement in accordance with paragraphs
276E to 276Q
276T. Leave to enter the United Kingdom as the spouse or
civil partner of a person present and settled in the United
Kingdom or being admitted on the same occasion for settlement
in accordance with paragraphs 276E to 276Q is to be refused
if a valid United Kingdom entry clearance for entry in this
capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite
leave to remain in the United Kingdom as the spouse or civil
partner of a person present and settled in the United Kingdom
or being granted settlement on the same occasion in accordance
with paragraphs 276E to 276Q
276U. The requirements to be met by a person seeking indefinite
leave to remain in the United Kingdom as the spouse or civil
partner of a person present and settled in the United Kingdom
or being granted settlement on the same occasion in accordance
with paragraphs 276E to 276Q are that:
(i) the applicant is married to or the civil partner of a
person present and settled in the United Kingdom or being
granted settlement on the same occasion in accordance with
paragraphs 276E to 276Q; and
(ii) the parties to the marriage or civil partnership have
met; and
(iii) the parties were married or formed a civil partnership
at least 2 years ago; and
(iv) each of the parties intends to live permanently with
the other as his or her spouse or civil partner; and
(v) the marriage or civil partnership is subsisting; and
(vi) has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in
the United Kingdom as the spouse or civil partner of a person
present and settled in the United Kingdom or being granted
settlement on the same occasion in accordance with paragraphs
276E to 276Q
276V. Indefinite leave to remain in the United Kingdom as
the spouse or civil partner of a person present and settled
in the United Kingdom or being granted settlement on the same
occasion in accordance with paragraphs 276E to 276Q may be
granted provided the Secretary of State is satisfied that
each of the requirements of paragraph 276U is met.
Refusal of indefinite leave
to remain in the United Kingdom as the spouse or civil partner
of a person present and settled in the United Kingdom or being
granted settlement on the same occasion in accordance with
paragraphs 276E to 276Q
276W. Indefinite leave to remain in the United Kingdom as
the spouse or civil partner of a person present and settled
in the United Kingdom or being granted settlement on the same
occasion in accordance with paragraphs 276E to 276Q is to
be refused if the Secretary of State is not satisfied that
each of the requirements of paragraph 276U is met.
CHILDREN OF A PARENT, PARENTS
OR A RELATIVE SETTLED OR SEEKING SETTLEMENT IN THE UNITED
KINGDOM UNDER PARAGRAPHS 276E TO 276Q (HM FORCES RULES)
LEAVE TO ENTER OR REMAIN IN
THE UNITED KINGDOM AS THE CHILD OF A PARENT, PARENTS OR A
RELATIVE PRESENT AND SETTLED IN THE UNITED KINGDOM OR BEING
GRANTED SETTLEMENT ON THE SAME OCCASION IN ACCORDANCE WITH
PARAGRAPHS 276E TO 276Q
Requirements for indefinite
leave to enter the United Kingdom as the child of a parent,
parents or a relative present and settled in the United Kingdom
or being admitted for settlement on the same occasion in accordance
with paragraphs 276E to 276Q
276X. The requirements to be met by a person seeking indefinite
leave to enter the United Kingdom as the child of a parent,
parents or a relative present and settled in the United Kingdom
or being admitted for settlement on the same occasion in accordance
with paragraphs 276E to 276Q are that:
(i) the applicant is seeking indefinite leave to enter to
accompany or join a parent, parents or a relative in one of
the following circumstances:
(a) both parents are present and settled in the United Kingdom;
or
(b) both parents are being admitted on the same occasion
for settlement; or
(c) one parent is present and settled in the United Kingdom
and the other is being admitted on the same occasion for settlement;
or
(d) one parent is present and settled in the United Kingdom
or being admitted on the same occasion for settlement and
the other parent is dead; or
(e) one parent is present and settled in the United Kingdom
or being admitted on the same occasion for settlement and
has had sole responsibility for the child's upbringing; or
(f) one parent or a relative is present and settled in the
United Kingdom or being admitted on the same occasion for
settlement and there are serious and compelling family or
other considerations which make exclusion of the child undesirable
and suitable arrangements have been made for the child's care;
and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and
is not a civil partner, and has not formed an independent
family unit; and
(iv) holds a valid United Kingdom entry clearance for entry
in this capacity.
Indefinite leave to enter the
United Kingdom as the child of a parent, parents or a relative
present and settled in the United Kingdom or being admitted
for settlement on the same occasion in accordance with paragraphs
276E to 276Q
276Y. Indefinite leave to enter the United Kingdom as the
child of a parent, parents or a relative present and settled
in the United Kingdom or being admitted for settlement on
the same occasion in accordance with paragraphs 276E to 276Q
may be granted provided a valid United Kingdom entry clearance
for entry in this capacity is produced to the Immigration
Officer on arrival.
Refusal of indefinite leave
to enter the United Kingdom as the child of a parent, parents
or a relative present and settled in the United Kingdom or
being admitted for settlement on the same occasion in accordance
with paragraphs 276E to 276Q
276Z. Indefinite leave to enter the United Kingdom as the
child of a parent, parents, or a relative present and settled
in the United Kingdom or being admitted for settlement on
the same occasion in accordance with paragraphs 276E to 276Q
is to be refused if a valid United Kingdom entry clearance
for entry in this capacity is not produced to the Immigration
Officer on arrival.
Requirements for indefinite
leave to remain in the United Kingdom as the child of a parent,
parents or a relative present and settled in the United Kingdom
or being granted settlement on the same occasion in accordance
with paragraphs 276E to 276Q
276AA. The requirements to be met by a person seeking indefinite
leave to remain in the United Kingdom as the child of a parent,
parents or a relative present and settled in the United Kingdom
or being granted settlement on the same occasion in accordance
with paragraphs 276E to 276Q are that:
(i) the applicant is seeking indefinite leave to remain with
a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom
or being granted settlement on the same occasion; or
(b) one parent is present and settled in the United Kingdom
or being granted settlement on the same occasion and the other
parent is dead; or
(c) one parent is present and settled in the United Kingdom
or being granted settlement on the same occasion and has had
sole responsibility for the child's upbringing; or
(d) one parent or a relative is present and settled in the
United Kingdom or being granted settlement on the same occasion
and there are serious and compelling family or other considerations
which make exclusion of the child undesirable and suitable
arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and
is not a civil partner , and has not formed an independent
family unit; and
(iv) has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in
the United Kingdom as the child of a parent, parents or a
relative present and settled in the United Kingdom or being
granted settlement on the same occasion in accordance with
paragraphs 276E to 276Q
276AB. Indefinite leave to remain in the United Kingdom as
the child of a parent, parents or a relative present and settled
in the United Kingdom or being granted settlement on the same
occasion in accordance with paragraphs 276E to 276Q may be
granted if the Secretary of State is satisfied that each of
the requirements of paragraph 276AA is met.
Refusal of indefinite leave
to remain in the United Kingdom as the child of a parent,
parents or a relative present and settled in the United Kingdom
or being granted settlement on the same occasion in accordance
with paragraphs 276E to 276Q
276AC. Indefinite leave to remain in the United Kingdom as
the child of a parent, parents or a relative present and settled
in the United Kingdom or being granted settlement on the same
occasion in accordance with paragraphs 276E to 276Q is to
be refused if the Secretary of State is not satisfied that
each of the requirements of paragraph 276AA is met.
SPOUSES OR CIVIL PARTNERS OF ARMED FORCES MEMBERS WHO ARE
EXEMPT FROM IMMIGRATION CONTROL UNDER SECTION 8(4) OF THE
IMMIGRATION ACT 1971
Requirements for leave to enter
or remain as the spouse or civil partners of an armed forces
member who is exempt from immigration control under section
8(4) of the Immigration Act 1971
276AD. The requirements to be met by a person seeking leave
to enter or remain in the United Kingdom as the spouse or
civil partners of an armed forces member who is exempt from
immigration control under section 8(4) of the Immigration
Act 1971 are that:
(i) the applicant is married or the civil partner of, to
an armed forces member who is exempt from immigration control
under section 8(4) of the Immigration Act 1971; and
(ii) each of the parties intends to live with the other as
his or her spouse or civil partners during the applicant's
stay and the marriage or civil partnership is subsisting;
and
(iii) there will be adequate accommodation for the parties
and any dependants without recourse to public funds in accommodation
which they own or occupy exclusively; and
(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 stay in the United Kingdom
beyond his or her spouse's or civil partners enlistment in
the home forces, or period of posting or training in the United
Kingdom.
Leave to enter or remain as
the spouse or civil partners of an armed forces member who
is exempt from immigration control under section 8(4) of the
Immigration Act 1971
276AE. A person seeking leave to enter or remain in the United
Kingdom as the spouse or civil partners of an armed forces
member who is exempt from immigration control under section
8(4) of the Immigration Act 1971 may be given leave to enter
or remain in the United Kingdom for a period not exceeding
4 years or the duration of the enlistment, posting or training
of his or her spouse, whichever is shorter, provided that
the Immigration Officer, or in the case of an application
for leave to remain, the Secretary of State, is satisfied
that each of the requirements of paragraph 276AD (i)-(v) is
met.
Refusal of leave to enter or
remain as the spouse or civil partners of an armed forces
member who is exempt from immigration control under section
8(4) of the Immigration Act 1971
276AF. Leave to enter or remain in the United Kingdom as
the spouse an armed forces member who is exempt from immigration
control under section 8(4) of the Immigration Act 1971 is
to be refused if the Immigration Officer, or in the case of
an application for leave to remain, the Secretary of State,
is not satisfied that each of the requirements of paragraph
276AD (i)-(v) is met.
CHILDREN OF ARMED FORCES MEMBERS WHO ARE EXEMPT FROM IMMIGRATIONCONTROL
UNDER SECTION 8(4) OF THE IMMIGRATION ACT 1971
Requirements for leave to enter
or remain as the child of an armed forces member exempt from
immigration control under section 8(4) of the Immigration
Act 1971
276AG. The requirements to be met by a person seeking leave
to enter or remain in the United Kingdom as the child of an
armed forces member exempt from immigration control under
section 8(4) of the Immigration Act 1971 are that:
(i) he is the child of a parent who is an armed forces member
exempt from immigration control under section 8(4) of the
Immigration Act 1971; and
(ii) he is under the age of 18 or has current leave to enter
or remain in this capacity; and
(iii) he is unmarried and is not a civil partner , has not
formed an independent family unit and is not leading an independent
life; and (iv) he can and will be maintained and accommodated
adequately without recourse to public funds in accommodation
which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond the period
of his parent's enlistment in the home forces, or posting
or training in the United Kingdom; and
(vi) his other parent is being or has been admitted to or
allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole
surviving parent; or
(b) the parent he is accompanying or joining has had sole
responsibility for his upbringing;or
(c) there are serious and compelling family or other considerations
which make exclusion from the United Kingdom undesirable and
suitable arrangements have been made for his care.
Leave to enter or remain as
the child of an armed forces member exempt from immigration
control under section 8(4) of the Immigration Act 1971
276AH. A person seeking leave to enter or remain in the United
Kingdom as the child of an armed forces member exempt from
immigration control under section 8(4) of the Immigration
Act 1971 may be given leave to enter or remain in the United
Kingdom for a period not exceeding 4 years or the duration
of the enlistment, posting or training of his parent, whichever
is the shorter, provided that the Immigration Officer, or
in the case of an application for leave to remain, the Secretary
of State, is satisfied that each of the requirements of 276AG
(i)-(vi) is met.
Refusal of leave to enter or
remain as the child of an armed forces member exempt from
immigration control under section 8(4) of the Immigration
Act 1971
276AI. Leave to enter or remain in the United Kingdom as
the child of an armed forces member exempt from immigration
control under section 8(4) of the Immigration Act 1971 is
to be refused if the Immigration Officer, or in the case of
an application for leave to remain, the Secretary of State,
is not satisfied that each of the requirements of paragraph
276AG (i)-(vi) is met. | 
