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Part 6A - Points-based system

245AA. Documentary evidence

(a) Where Part 6A or Appendices A to C, or E of these Rules state that specified documents must be provided, that means documents specified by the Secretary of State in the Points Based System Policy Guidance as being specified documents for the route under which the applicant is applying.  If the specified documents are not provided, the applicant will not meet the requirement for which the specified documents are required as evidence.

(b) If the Entry Clearance Officer or Secretary of State has reasonable cause to doubt the genuineness of any document submitted  by an applicant which is, or which purports to be, a specified document under Part 6A or Appendices A to C, or E of these Rules and having taken reasonable steps to verify the document, is unable to verify that it is genuine, the document will be discounted for the purposes of this application.

(c) Where Part 6A or Appendices A to C, or E of these Rules refer to the United Kingdom Border Agency guidance, this means guidance published by the United Kingdom Border Agency for use by Sponsors or migrants to ensure compliance with these Rules. If the Sponsor or applicant does not satisfy the requirements set out in guidance and referred to in these Rules, the applicant will not meet the related requirement in these Rules.

Tier 1 (General) Migrants

245A. Purpose

This route is for highly skilled migrants who wish to work, or become self-employed in the UK.

245B. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (General) Migrant must have a valid entry clearance for entry under this route.  If they do not have a valid entry clearance, entry will be refused.

245C. Requirements for entry clearance or leave to remain

To qualify for entry clearance or leave to remain as a Tier 1 (General) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) DELETED. 

(b) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

(c) The applicant must have a minimum of 75 points under paragraphs 1 to 31 of Appendix A.

(d) The applicant must have 10 points under paragraphs 1 to 2 of Appendix B.

(e) The applicant must have 10 points under paragraphs 1 to 3 of Appendix C.

(f) An applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:

(i) as a Highly Skilled Migrant,

(ii) as a Tier 1 (General) Migrant,

(iii) as an Innovator,

(iv) as a Participant in the Fresh Talent: Working in Scotland Scheme,

(v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

(vi) as a Postgraduate Doctor or Dentist,

(vii) as a Student,

(viii) as a Student Nurse,

(ix) as a Student Re-Sitting an Examination,

(x) as a Student Writing-Up a Thesis,

(xi) as a Work Permit Holder,

(xii) as a Businessperson,

(xiii) as a Self-employed Lawyer,

(xiv) as a Tier 1 (Entrepreneur) Migrant,

(xv) as a Tier 1 (Investor) Migrant,

(xvi) as a Tier 1 (Post-Study Work) Migrant,

(xvii) as a Writer, Composer or Artist,

(xviii) as a Tier 2 Migrant, or

(xix) as a Tier 4 Migrant, or

(xx) as the Partner of the Relevant Points Based System Migrant if the Relevant Points Based System Migrant is a Tier 4 Migrant.

(g) An applicant who has, or was last granted, leave as a Student, Postgraduate Doctor or Dentist, Student Nurse, Student Re-Sitting an Examination, Student Writing-Up a Thesis or as a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,

must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this consent has been obtained.

245D. Period and conditions of grant

(a) Entry clearance will be granted for a period of 2 years.

(b) Leave to remain will be granted for a period of 3 years, to an applicant who has, or was last granted,
leave:

(i) as a Tier 1 (General) Migrant under the rules in place on or after 6 April 2010,

(ii) as a Highly Skilled Migrant,

(iii) as an Innovator,

(iv) as a Self-Employed Lawyer, or

(vi) as a Writer, Composer or Artist.

(c) In all other cases, leave to remain will be granted for a period of 2 years.

(d) E ntry clearance and leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:

(1) has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or

(2) is applying for leave to remain and has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting their employment, and has been employed during that leave as a Doctor or Dentist in Training,

(iv) no employment as a professional sportsperson (including as a sports coach).

245E. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

(i) as a Tier 1 (General) Migrant,

(ii) as a Highly Skilled Migrant,

(iii) as a Work Permit Holder,

(iv) as an Innovator,

(v) as a Self-Employed Lawyer,

(vi) as a Writer, Composer or Artist,

(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or

(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or 

Where the application is being made under terms of the HSMP ILR Judicial review Policy Document, a continuous period of 4 years lawfully in the UK, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

(i) as a Tier 1 (General) Migrant;

(ii) as a Highly Skilled Migrant;

(iii) as a Work permit Holder; or

(iv) as an Innovator.

(c) The applicant must be economically active in the UK, in employment or self-employment or both.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.

245F. Transitional arrangements

This paragraph makes special provision for applicants who on 29 February 2008 are in the UK, or on 1 April 2008 are in India, and who are in the process of applying to become a Highly Skilled Migrant. It will also be relevant to applicants who have, or have last been granted, leave to remain as a Highly Skilled Migrant, who are Self-Employed, and who fall within subparagraph (c) below.

(a) If an applicant has made an application for entry clearance in India as a Highly Skilled Migrant before 1 April 2008, and the application has not been decided before that date, it will be decided in accordance with the Rules in force on 31 March 2008 as set out in Appendix D.

(b) If an applicant has made an application for limited leave to remain as a Highly Skilled Migrant before 29 February 2008, and the application has not been decided before that date, it will be decided in accordance with these Rules in force on 28 February 2008 as set out in Appendix D.

(c) If an applicant has made an application in India for entry clearance on or after 1 April 2008, or has made an application in the UK for limited leave to remain on or after 29 February 2008, and has submitted with that application a valid Highly Skilled Migrant Programme Approval Letter, the applicant will be automatically awarded 75 points under Appendix A and 10 points under Appendix B.

(ca) If an applicant has made an application other than in India for entry clearance on or after 30th June 2008, and has submitted with that application a valid Highly Skilled Migrant Programme Approval Letter, the applicant will be automatically awarded 75 points under Appendix A and 10 points under Appendix B.

Requirements:

(i) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(ii) The applicant must have, or have last been granted, entry clearance, leave to enter or remain as a Highly Skilled Migrant which was granted in accordance with these Rules in force on or before 8 November 2006.

(iii) The applicant must have become Self-Employed in the UK whilst having leave as a Highly Skilled Migrant, and must provide the specified documents.

(iv) The applicant must have been Self-Employed for at least 4 months prior to the date the current application for leave to remain was made, and the specified documents must be provided.

(v) The applicant must have ongoing business commitments for at least 6 months after the date the current application for leave to remain was made, and the specified documents must be provided.

(vi) The applicant must have 10 points under Appendix B.

(vii) The applicant must have 10 points under Appendix C.

If the requirements above are met, leave to remain as a Tier 1 (General) Migrant will be granted for a period of 3 years, subject to the conditions in paragraph 245D(c) above.

245G. DELETED

Tier 1 (Entrepreneur) Migrants

245H. Purpose of this route and meaning of business

(a) This route is for migrants who wish to establish, join or take over one or more businesses in the UK.

(b) For the purpose of paragraphs 245G to 245N and paragraphs 32 to 41 of Appendix A 'business' means an enterprise as:

(i)  a sole trader,

(ii) a partnership, or

(iii) a company registered in the UK.

245I. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (Entrepreneur) Migrant must have a valid entry clearance for entry under this route.  If they do not have a valid entry clearance, entry will be refused.

245J. Requirements for entry clearance

To qualify for entry clearance as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below.  If the applicant meets those requirements, entry clearance will be granted.  If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must have a minimum of 75 points under paragraphs 32 to 41 of Appendix A.

(c) The applicant must have a minimum of 10 points under paragraph 1 to 3 of Appendix B.

(d) The applicant must have a minimum of 10 points under paragraph 1 to 2 of Appendix C.

(e) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Writing-Up a Thesis, a Student Re-Sitting an Examination or as a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,

must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245K. Period and conditions of grant

(a) Entry clearance will be granted for a period of 3 years and will be subject to the following conditions:

(i)   no recourse to public funds,

(ii)  registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment other than working for the business(es) the applicant has established, joined or taken over.

245L. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant under this rule, an applicant must meet the requirements listed below.  If the applicant meets these requirements, leave to remain will be granted.  If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a)  The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b)  The applicant must have a minimum of 75 points under paragraphs 32 to 41 of Appendix A.

(c)  The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.

(d)  The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:

(i) as a Highly Skilled Migrant,

(ii) as a Tier 1 (General) Migrant,

(iii) as a Tier 1 (Entrepreneur) Migrant,

(iv) as a Tier 1 (Investor) Migrant,

(v) as a Tier 1 (Post-Study Work) Migrant,

(vi) as a Businessperson,

(vii) as an Innovator,

(viii) as an Investor,

(ix) as a Participant in the Fresh Talent: Working in Scotland Scheme,

(x) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

(xi) as a Postgraduate Doctor or Dentist,

(xii) as a Self-employed Lawyer,

(xiii) as a Student,

(xiv) as a Student Nurse,

(xv) as a Student Re-sitting an Examination,

(xvi) as a Student Writing Up a Thesis,

(xvii) as a Work Permit Holder,

(xviii) as a Writer, Composer or Artist,

(xix) as a Tier 2 Migrant, or

(xx) as a Tier 4 Migrant.

(f) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, Student Nurse, Student Re-Sitting an Examination, a Student Writing-Up a Thesis or as a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,

must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245M. Period, conditions and curtailment of grant

(a) Leave to remain will be granted:

(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant,

(ii) for a period of 3 years, to any other applicant.

(b) Leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment, other than working for the business or businesses which he
has established, joined or taken over.

(c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain granted to a Tier 1 (Entrepreneur) Migrant may be curtailed if, within 3 months of the date specified in paragraph (d), the applicant has not done one or more of the following things:

(i) registered with HM Revenue and Customs as self-employed,

(ii) registered a new business in which he is a director, or

(iii) registered as a director of an existing business.

(d) The date referred to in paragraph (c) is:

(i) the date of the applicant's entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is evidence to establish the applicant's date of entry to the UK,

(ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is no evidence to establish the applicant's date of entry to the UK, or

(iii) the date of the grant of leave to remain to the applicant, in any other case.

(e) Paragraph 245M(c) does not apply where the applicant's last grant of leave prior to the grant of the leave that he currently has was as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.

245N. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be engaged in business activity at the time of his application and the applicant must provide specified evidence to show this.

(c) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier (1) (Entrepreneur) Migrant, in any combination of the following categories:

(i) as a Tier 1 (Entrepreneur) Migrant,

(ii) as a Businessperson,

(iii) as an Innovator.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.

Tier 1 (Investor) migrants

245O. Purpose

This route is for high net worth individuals making a substantial financial investment to the UK.

245P. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (Investor) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245Q. Requirements for entry clearance

To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must have a minimum of 75 points under paragraphs 42 to 50 of Appendix A.

(c) An applicant who has, or was last granted, leave as a Student or a Postgraduate Doctor or Dentist, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis or as a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245R. Period and conditions of grant

(a) Entry clearance will be granted for a period of 3 years and will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.

245S. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have a minimum of 75 points under paragraphs 42 to 50 of Appendix A.

(c) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:

(i) as a Highly Skilled Migrant,

(ii) as a Tier 1 (General) Migrant,

(iii) as a Tier 1 (Entrepreneur) Migrant,

(iv) as a Tier 1 (Investor) Migrant,

(v) as a Tier 1 (Post-Study Work) Migrant,

(vi) as a Businessperson,

(vii) as an Innovator,

(viii) as an Investor,

(ix) as a Student,

(x) as a Student Nurse,

(xi) as a Student Re-Sitting an Examination,

(xii) as a Student Writing Up a Thesis,

(xiii) as a Work Permit Holder,

(xiv) as a Writer, Composer or Artist,

(xv) as a Tier 2 Migrant, or

(xiv) as a Tier 4 Migrant.

(d) An applicant who has, or was last granted, leave as a Student Nurse, Student Re-Sitting an Examination, Student Writing-Up a Thesis or as a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency,
or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,

must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245T. Period, conditions and curtailment of grant

(a) Leave to remain will be granted:

(i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Investor) Migrant,

(ii) for a period of 3 years, to any other applicant.

(b) Leave to remain under this route will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:

(1) has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or

(2) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting their employment, and has been employed during that leave as a Doctor or Dentist in Training.

(c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain as a Tier 1 (Investor) Migrant may be curtailed if within 3 months of the date specified in paragraph (d), the applicant has not invested, or had invested on his behalf, at least £750,000 of his capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment.

(d) The date referred to in paragraph (c) is:

(i) the date of the applicant's entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is evidence to establish the applicant's date of entry to the UK,

(ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is no evidence to establish the applicant's date of entry to the UK, or

(iii) the date of the grant of leave to remain to the applicant, in any other case.

(e) Paragraph 245T(c) does not apply where the applicant's last grant of leave prior to the grant of the leave that he currently has was as a Tier 1 (Investor) Migrant or as an Investor.

245U. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (Investor) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refuseds.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (Investor) Migrant, in any combination of the following categories:

(i) as a Tier 1 (Investor) Migrant,

(ii) as an Investor.

(c) The applicant must have maintained the investment referred to in Table 8 of Appendix A throughout the period of 5 years referred to in subparagraph (b) above other than in the first 3 months of that period and, in relation to time spent with leave as a Tier 1 (Investor) Migrant, the applicant must provide specified documents to show that this requirement has been met.

(d) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.

Tier 1 (Post-Study Work) migrants

245V. Purpose

The purpose of this route is to encourage international graduates who have studied in the UK to stay on and do skilled or highly skilled work.

245W. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (Post-Study Work) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245X. Requirements for entry clearance

To qualify for entry clearance as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) Migrant as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme), or as a Participant in the Fresh Talent: Working in Scotland Scheme.

(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.

(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

(f) If:

(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 51 to 58 of Appendix A were sponsored by a Government or international scholarship agency, and

(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to
the application and must provide the specified documents to show that this requirement has been met.

245Y. Period and conditions of grant

Entry clearance will be granted for a period of 2 years and will be subject to the following conditions:

(a) no recourse to public funds,

(b) registration with the police, if this is required by paragraph 326 of these Rules, and

(c) no Employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System.

245Z. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Post-Study Work) Migrant, an applicant must meet the requirements listed below. Subject to paragraph 245ZA(i), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must not previously have been granted entry clearance or leave to remain as a Tier 1 (Post-Study Work) migrant.

(c) The applicant must have a minimum of 75 points under paragraphs 51 to 58 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 1 to 3 of Appendix B.

(e) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

(f) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Participant in the Fresh Talent: Working in Scotland Scheme,

(ii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

(iii) as a Student, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,

(iv) as a Student Nurse, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,

(v) as a Student Re-Sitting an Examination, provided the applicant has not previously been granted leave in any of the categories referred to in paragraphs (i) and (ii) above,

(vi) as a Student Writing Up a Thesis, provided the applicant has not previously been granted leave as a Tier 1 Migrant or in any of the categories referred to in paragraphs (i) and (ii) above,

(vii) as a Tier 4 Migrant, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above, or

(viii) as a Postgraduate Doctor or Dentist, provided the applicant has not previously been granted leave as a Tier 1 (Post-Study Work) Migrant or in any of the categories referred to in paragraphs (i) and (ii) above.

(g) An applicant who has, or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme must be a British National (Overseas), British overseas territories citizen, British Overseas citizen, British protected person or a British subject as defined in the British Nationality Act 1981.

(h) If:

(i) the studies that led to the qualification for which the applicant obtains points under paragraphs 51 to 58 of Appendix A were sponsored by a Government or international scholarship agency, and

(ii) those studies came to an end 12 months ago or less the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

 

245ZA. Period and conditions of grant

(a) Leave to remain will be granted:

(i) for a period of the difference between 2 years and the period of the last grant of entry clearance, leave to enter or remain , to an applicant who has or was last granted leave as a Participant in the Fresh Talent: Working in Scotland Scheme, as a Participant in the International Graduates Scheme (or its predecessor the Science and Engineering Graduates Scheme). If this calculation results in no grant of leave then leave to remain is to be refused;

(ii) for a period of 2 years, to any other applicant.

(b) Leave to remain under this route will be subject to the following conditions:

(i) no access to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no Employment as a Doctor or Dentist in Training, unless the applicant:

(1) has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System; or

(2) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting their employment, and has been employed during that leave as a Doctor or Dentist in Training.

 

TIER 2 MIGRANTS

245ZB. Purpose of this route and definitions

(a) This route enables UK employers to recruit workers from outside the EEA to fill  a particular vacancy that cannot be filled by a British or EEA worker.

(b) In paragraphs 245ZB to 245ZL and paragraphs 59 to 100 of Appendix A:

"employment" includes unpaid employment,

"length of the period of engagement" is the period beginning with the employment start date as recorded on the Certificate of  Sponsorship Checking Service entry which relates to the Certificate of Sponsorship reference number for which the migrant was awarded points under paragraphs 59 to 100 of Appendix A and ending on the employment end date as recorded in the same entry, and

"working for the same employer" includes working for the same business or concern as at the time of the earlier grant of leave if that business or concern has, since that date, merged or been taken over by another entity.

245ZC. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 2 Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245ZD. Requirements for entry clearance

To qualify for entry clearance as a Tier 2 Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) If applying as a Tier 2 (General) Migrant or as a Tier 2 (Intra-Company Transfer) Migrant, the applicant must have a minimum of 50 points under paragraphs 59 to 84 of Appendix A.

(c) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92 of Appendix A.

(d) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.

(e) Unless the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant, the applicant must have a minimum of 10 points under paragraphs 4 to 6 of Appendix B.

(f) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.

(g) An applicant who has, or was last granted, leave as a Student, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing-Up a Thesis, a Postgraduate Doctor or Dentist or a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,

must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

(h) The applicant must be at least 16 years old.

(i) Where the applicant is under 18 years of age, the application must be supported by the applicant's parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(j) Where the applicant is under 18 years of age, the applicant?s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant?s travel to, and reception and care in, the UK.

(k) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares unless applying as a Tier 2 (Intra-Company Transfer) Migrant.

245ZE. Period and conditions of grant

(a) If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, entry clearance will be granted for:

(i) a period equal to the length of the period of engagement plus 1 month, or

(ii) a period of 1 year, whichever is the shorter.

(b) If the applicant is applying as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer subcategory, entry clearance will be granted for:

(i) a period equal to the length of the period of engagement plus 1 month, or

(ii) a period of 6 months, whichever is the shorter.

(c) In all other cases, entry clearance will be granted for:

(i) a period equal to the length of the period of engagement plus 1 month, or

(ii) a period of 3 years and 1 month, whichever is the shorter.

(d) E ntry clearance will be granted with effect from 14 days before the date that the Certificate of Sponsorship Checking Service records as the start date for the applicant?s employment in the UK, unless entry clearance is being granted less than 14 days before that date, in which case it will be granted with immediate effect.

(e) E ntry clearance will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment except:

(1) working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a permissible change to the details of that employment as defined in United Kingdom Border Agency guidance,

(2) supplementary employment,

(3) voluntary work, and

(4) if the applicant is applying as a Tier 2 (Sportsperson) Migrant, employment as a sportsperson for his national team while his national team is in the UK.

(f) (i) A pplicants who meet the requirements for entry clearance and who obtain points under paragraphs 59 to 84 of Appendix A including points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted entry clearance as a Tier 2 (Intra-Company Transfer) Migrant.

(ii) A pplicants who meet the requirements for entry clearance and who obtain points under paragraphs 59 to 84 of Appendix A but who do not obtain points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted entry clearance as a Tier 2
(General) Migrant.

(iii) A pplicants who meet the requirements for entry clearance and who obtain points under paragraphs 85 to 92 of Appendix A shall be granted entry clearance as a Tier 2 (Minister of Religion) Migrant.

(iv) A pplicants who meet the requirements for entry clearance and who obtain points under paragraphs 93 to 100 of Appendix A shall be granted entry clearance as a Tier 2 (Sportsperson) Migrant.

245ZF. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Established Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:

(1) a Tier 2 (Intra-Company Transfer) Migrant in the Established Staff sub-category, or

(2) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(3) as a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an intra-company transfer, or

(4) as a Representative of an Overseas Business, and

(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.

(c) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the raduate Trainee sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category,

(ii) the applicant must still be working for the same employer as he was at the time of that earlier
grant of leave.

(d) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer sub-category,

(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.

(e) If the applicant is applying for leave to remain as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Tier 1 Migrant,

(ii) as a Tier 2 (General) Migrant,

(iii) as a Tier 2 (Minister of Religion) Migrant,

(iv) as a Tier 2 (Sportsperson) Migrant,

(v) as a Tier 2 (Intra-Company Transfer) Migrant, providing:

(1) the applicant has, or was last granted, entry clearance, leave to enter or leave to remain in he Established Staff sub-category or under the Rules in place before 6 April 2010, and

(2) the Sponsor is not the same person who sponsored him when he was last granted leave,

(vi) as a Highly Skilled Migrant,

(vii) as an Innovator,

(viii) as a Jewish Agency Employee,

(ix) as a Member of the Operational Ground Staff of an Overseas-owned Airline,

(x) as a Minister of Religion, Missionary or Member of a Religious Order,

(xi) as an Overseas Qualified Nurse or Midwife,

(xii) as a Participant in the Fresh Talent: Working in Scotland Scheme,

(xiii) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

(xiv) as a Person Writing Up a Thesis,

(xv) as a Postgraduate Doctor or Dentist,

(xvi) as a Qualifying Work Permit Holder,

(xvii) as a Representative of an Overseas Business

(xviii) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,

(xix) as a Student,

(xx) as a Student Re-Sitting an Examination,

(xxi) as a Student Nurse,

(xxii) as a Student Union Sabbatical Officer,

(xxiii) as a Tier 4 Migrant, or

(xxiv) as a Tier 5 (Temporary Worker) Migrant, or

(xxv) as the Partner of a Relevant Points Based System Migrant if the Relevant Points Based System Migrant is a Tier 4 Migrant.

(f) An applicant who has, or was last granted, leave as a Student, a Student Nurse, a Student Re-Sitting an Examination, a Student Writing up a Thesis, a Postgraduate Doctor or Dentist or a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

(g) A n applicant who was last granted leave as a Tier 5 (Temporary Worker) Migrant must have been granted such leave in either the Government Authorised Exchange sub-category or the Creative and Sporting sub-category of Tier 5.

(h) Where an applicant was last granted leave in the Government Authorised Exchange sub-category:

(i) that leave must have been granted in order to allow the applicant to work as an overseas qualified nurse or midwife, and

(ii) the applicant must have completed their registration with the Nursing and Midwifery Council and

(iii) the applicant must provide the specified documents to show that the requirements in paragraph

(i) and (ii) have been met.

(i) If the applicant was last granted leave in the Creative and Sporting sub-category, that leave must have been granted in order to allow the applicant to work as a professional footballer and the applicant must provide the specified documents to show that this requirement has been met.

(j) If applying as a Tier 2 (General) Migrant or as a Tier 2 (Intra-Company Transfer) Migrant, the applicant must have a minimum of 50 points under paragraphs 59 to 84 of Appendix A.

(k) If applying as a Tier 2 (Minister of Religion) Migrant, the applicant must have a minimum of 50 points under paragraphs 85 to 92 of Appendix A.

(l) If applying as a Tier 2 (Sportsperson) Migrant, the applicant must have a minimum of 50 points under paragraphs 93 to 100 of Appendix A.

(m) The applicant must have a minimum of 10 points under paragraphs 4 to 6 of Appendix B, unless the applicant:

(i) is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, and

(ii) is not seeking a grant of leave to remain that would extend his total stay in this category beyond 3 years.

(n) The applicant must have a minimum of 10 points under paragraphs 4 to 5 of Appendix C.

(o) The applicant must be at least 16 years old.

(p) Where the applicant is under 18 years of age, the application must be supported by the applicant?s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(q) Where the applicant is under 18 years of age, the applicant?s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant?s care in the UK.

(r) If the Sponsor is a limited company, the applicant must not own more than 10% of its shares unless applying as a Tier 2 (Intra-Company Transfer) Migrant.

245ZG. Period and conditions of grant

(a) In the cases set out in paragraph (b), leave to remain will be granted for:

(i) subject to paragraph (ii), a period equal to 5 years less X, where X is the period of time that the applicant has already spent in the UK with entry clearance, leave to enter or remain in any combination of the categories set out in paragraph (b), and where X commences on the date on which the applicant was granted entry clearance, leave to enter or leave to remain at the start of the continuous period;

(ii) where the calculation in paragraph (1) would lead to a period of leave of less than 2 years or a period of leave longer than the length of the period of engagement plus 14 days, a period equal to:

(1) the length of the period of engagement plus 14 days, or

(2) 2 years.

whichever is the shorter.

(b) The cases referred to in paragraph (a) are those where the applicant was last granted entry clearance, leave to enter or leave to remain as:

(i) a Jewish Agency Employee, provided he is still working for the same employer,

(ii) a Member of the Operational Ground Staff of an Overseas-owned Airline, provided he is still working for the same employer,

(iii) a Minister of Religion, Missionary or Member of a Religious Order, provided he is still working for the same employer,

(iv) a Qualifying Work Permit Holder, provided he is still working for the same employer,

(v) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, provided he is still working for the same employer,

(vi) a Tier 2 (Minister of Religion) Migrant, provided:

(1) he previously had leave as a Minister of Religion, Missionary or Member of a Religious Order, and received his last grant of entry clearance or leave to enter in one of those categories,

(2) at some time during that period of leave as a Minister of Religion, Missionary or Member of a Religious Order he was granted leave to remain as a Tier 2 (Minister of Religion) Migrant, and

(3) he is still working for the same employer as he was when he was last in the UK with leave as a Minister of Religion, Missionary or Member of a Religious Order,

(vii) a Tier 2 (Sportsperson) Migrant, provided:

(1) he previously had leave as a Work Permit Holder,

(2) at some time during that period of leave as a Work Permit Holder he was granted leave to remain as a Tier 2 (Sportsperson) Migrant, and

(3) he is still working for the same employer as he was when he was last in the UK with leave as a Work Permit Holder,

(viii) a Tier 2 (General) or Tier 2 (Intra-Company Transfer) Migrant, provided:

(1) in this application for leave to remain, he has been awarded points under the transitional arrangements provisions in Table 11 of Appendix A, and

(2) his last grant of leave was as a Qualifying Work Permit Holder, a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation, a Minister of Religion, Missionary or Member of a Religious Order, a Member of the Operational Ground Staff of an Overseas-owned Airline, a Jewish Agency Employee, a Tier 2 (Minister of Religion) Migrant or Tier 2 (Sportsperson) Migrant.

(3) DELETED

(c) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Graduate Trainee sub-category, leave to remain will be granted for:

(i) the length of the period of engagement plus 14 days, or

(ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance or leave to enter as a Tier 2 (Intra-Company Transfer) Migrant and 12 months, whichever is the shorter. If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

(d) If the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Skills Transfer sub-category, leave to remain will be granted for:

(i) the length of the period of engagement plus 14 days, or

(ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance or leave to enter as a Tier 2 (Intra-Company Transfer) Migrant and 6 months, whichever is the shorter. If the calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

(e) Where:

(i) paragraphs (a), (c) and (d) do not apply,

(ii) the applicant has, or was last granted, entry clearance, leave to enter or leave to remain as a Tier 2 Migrant, and

(iii) the applicant is working for the same employer doing the same job as he was at the time of that earlier grant, leave to remain will be granted for a period equal to the length of the period of engagement plus 14 days, or for a period of 2 years, whichever is the shorter.

(f) In all other cases, leave to remain will be granted for:

(i) a period equal to the length of the period of engagement plus 14 days, or

(ii) 3 years whichever is the shorter.

(g) In addition to the periods in paragraphs (a) to (d), leave to remain will be granted for the period between the date that the application is decided and the date that the Certificate of Sponsorship Checking service records as the start date of employment in the UK, provided this is not a negative value.

(h) Leave to remain will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment except:

(1) working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do, subject to any notification of a permissible change to the details of that employment as defined in United Kingdom Border Agency guidance,

(2) supplementary employment,

(3) voluntary work, and

(4) if the applicant is applying as a Tier 2 (Sportsperson) Migrant, employment as a sportsperson for his national team while his national team is in the UK.

(i) (i) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 59 to 84 of Appendix A including points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted leave to remain as a Tier 2 (Intra-Company Transfer) Migrant.

(ii) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 59 to 84 of Appendix A but who do not obtain points under the intra-company transfer provisions in Table 10 of that Appendix shall be granted leave to remain as a Tier 2 (General) Migrant.

(iii) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 85 to 92 of Appendix A shall be granted leave to remain as a Tier 2 (Minister of Religion) Migrant.

(iv) Applicants who meet the requirements for leave to remain and who obtain points under paragraphs 93 to 100 of Appendix A shall be granted leave to remain as a Tier 2 (Sportsperson) Migrant.

245ZH. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 2 Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 Migrant, in any combination of the following categories:

(i) as a Member of the Operational Ground Staff of an Overseas-owned Airline,

(ii) as a Minister of Religion, Missionary or Member of a Religious Order,

(iii) as a Qualifying Work Permit Holder,

(iv) as a Representative of an Overseas Business,

(v) as a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation,

(vi) as a Tier 1 Migrant, other than a Tier 1 (Post Study Work) Migrant, or

(vii) as a Highly Skilled Migrant,

(viii) as an Innovator,

(ix) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or

(x) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as:

(1) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(2) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an intra-company transfer.

(c) The Sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that he still requires the applicant for  employment.

(e) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.

 

TIER 5 (YOUTH MOBILITY SCHEME) TEMPORARY MIGRANTS

245ZI. Purpose of this route

This route is for sponsored young people from participating countries who wish to live and work temporarily in the UK.

245ZJ. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 5 (Youth Mobility Scheme) Temporary Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245ZK. Requirements for entry clearance

To qualify for entry clearance as a Tier 5 (Youth Mobility Scheme) Temporary Migrant, an applicant must meet the requirements listed below. However, whether or not the requirements listed below are met, if a citizen of a country listed in Appendix G makes an application for entry clearance which, if granted, would mean that the annual allocation of places under this route for citizens of that country would be exceeded, the application will be refused. The applicant will also be refused if the requirements listed below are not met.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must be:

(i) a citizen of a country listed in Appendix G to these Rules, or

(ii) a British Overseas Citizen, British Overseas Territories Citizen or British National (Overseas), as defined by the British Nationality Act 1981 and must provide the specified documents to show that this requirement has been met.

(c) The applicant must have a minimum of 40 points under paragraphs 101 to 104 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 6 to 7 of Appendix C.

(e) The applicant must have no children under the age of 18 who are either living with him or for whom he is financially responsible.

(f) The applicant must not previously have spent time in the UK as a Working Holidaymaker or a Tier 5 (Youth Mobility Scheme) Temporary Migrant.

245ZL. Period and conditions of grant

Entry clearance will be granted for a period of 2 years subject to the following conditions:

(a) no recourse to public funds,

(b) registration with the police, if this is required by paragraph 326 of these Rules,

(c) no employment as a professional sportsperson (including as a sports coach), and

(d) no employment as a Doctor or Dentist in Training, unless the applicant has obtained a degree in medicine or dentistry at bachelor?s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and

(e) no self employment, except where the following conditions are met:

(i) the migrant has no premises which he owns, other than his home, from which he carries out his business,

(ii) the total value of any equipment used in the business does not exceed £5,000, and

(iii) the migrant has no employees.

 

TIER 5 (TEMPORARY WORKER) MIGRANTS

245ZM. Purpose of this route and definitions

(a) This route is for certain types of temporary worker whose entry helps to satisfy cultural, charitable, religious or international objectives.

(b) For the purposes of paragraphs 245ZM to 245ZS and paragraphs 105 to 112 of Appendix A:

a migrant has "consecutive engagements" if:

(i) more than one Certificate of Sponsorship reference number has been allocated in respect of the migrant,

(ii) there is no gap of more than 14 days between any of the periods of engagement, and

(iii) all the Certificate of Sponsorship Checking Service references record that the migrant is being sponsored in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route.

"Period of engagement" means a period beginning with the employment start date as recorded on the Certificate of Sponsorship Checking Service entry which relates to the Certificate  of Sponsorship reference number for which the migrant was awarded points under paragraphs 105 to 111 of Appendix A, and ending on the employment end date as recorded in the same entry.

245ZN. Entry clearance

(a) Subject to paragraph (b), all migrants arriving in the UK and wishing to enter as a Tier 5 (Temporary Worker) Migrant must have a valid entry clearance for entry under this route. If they do not  have a valid entry clearance, entry will be refused.

(b) A migrant arriving in the UK and wishing to enter as a Tier 5 (Temporary Worker) Migrant who does not have a valid entry clearance will not be refused entry if the following conditions are  met:

(i) the migrant is not a visa national,

(ii) the Certificate of Sponsorship reference number provided by the migrant leading to points being obtained under Appendix A links to an entry in the Certificate of Sponsorship  Checking Service recording that their Sponsor has sponsored them in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route,

(iii) if the migrant has consecutive engagements, the total length of all the periods of engagement, together with any gap between those engagements, is 3 months or less,

(iv) if the migrant does not have consecutive engagements, the total length of the period of engagement is 3 months or less, and

(v) the migrant meets the requirements in paragraph 245ZO below.

245ZO. Requirements for entry clearance or leave to enter

To qualify for entry clearance or, as the case may be, leave to enter, as a Tier 5 (Temporary Worker) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must have a minimum of 30 points under paragraphs 105 to 112 of Appendix A.

(c) The applicant must have a minimum of 10 points under paragraphs 8 to 9 of Appendix C.

(d) Where the applicant is under 18 years of age, the application must be supported by the applicant?s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(e) Where the applicant is under 18 years of age, the applicant?s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant?s travel to, and reception and care in, the UK.

245ZP. Period and conditions of grant

(a) Where paragraph 245ZN(b) applies and the applicant has consecutive engagements, leave to enter will be granted for:

(i) a period commencing not more than 14 days before the beginning of the first period of engagement and ending 14 days after the end of the last period of engagement, or

(ii) 3 months

whichever is the shorter.

(b) Where paragraph 245ZN(b) applies and the applicant does not have consecutive engagements, leave to enter will be granted for:

(i) a period commencing not more than 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or

(ii) 3 months whichever is the shorter.

(c) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the creative and sporting or charity workers sub-category of the Tier 5 (Temporary Worker) Migrant route, leave to enter will be granted for:

(i) a period commencing 14 days before the beginning of the period of engagement (or of the first period of engagement, where the applicant has consecutive engagements) and ending 14 days after the end of that period of engagement (or of the last period of engagement, where the applicant has consecutive engagements), or

(ii) 12 months

whichever of (i) or (ii) is the shorter.

(d) Where paragraph 245ZN(b) does not apply and the Certificate of Sponsorship Checking Service reference number for which the applicant was awarded points under Appendix A records that the applicant is being sponsored in the religious workers, government authorised exchange or international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route, leave to enter will be granted for:

(i) a period commencing 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, or

(ii) 2 years

whichever is the shorter.

(e) Leave to enter and entry clearance will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police if this is required by paragraph 326 of these Rules, and

(iii) no employment except:

(1) unless paragraph (2) applies, working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor,

(2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the government authorised exchange subcategory of Tier 5 (Temporary Workers), working for any person for whom the Sponsor directs him to work, provided that work is in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,

(3) supplementary employment, and

(4) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the creative and sporting subcategory of Tier 5 (Temporary Workers), employment as a sportsperson for his national team while his national team is in the UK.

245ZQ. Requirements for leave to remain

To qualify for leave to remain as a Tier 5 (Temporary Worker) Migrant under this rule, an applicant must meet the requirements listed below. Subject to paragraph 245ZR(a), if the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Tier 5 (Temporary Worker) Migrant, or

(ii) as a Sports Visitor or Entertainer Visitor, provided:

(1) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows that he is being sponsored in the creative and sporting subcategory; and

(2) the Certificate of Sponsorship reference number was allocated to the applicant before he entered the UK as a Sports Visitor or Entertainer Visitor, or

(iii) as an Overseas Government Employee, provided

(a) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the international agreement sub-category, and

(b) the applicant is continuing employment with the same overseas government or international organisation for which earlier leave was granted, or

(iv) as a Qualifying Work Permit Holder, provided

(a) the applicant was previously issued with a work permit for the purpose of employment by an overseas government, and

(b) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the international agreement sub-category, and

(c) the applicant is continuing employment with the same overseas government or international organisation for which earlier leave was granted

(v) as a Qualifying Work Permit Holder, provided

(1) the applicant was previously issued with a work permit for the purpose of employment as
a sponsored researcher, and

(2) the Certificate of Sponsorship Checking Service reference for which he is being awarded points in this application shows he is being sponsored in the government authorised exchange sub-category, and

(3) the applicant is continuing employment with the same organisation for which his most recent period of leave was granted.

(c) The applicant must have a minimum of 30 points under paragraphs 105 to 112 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 8 to 9 of Appendix C.

(e) The Certificate of Sponsorship Checking Service entry to which the Certificate of Sponsorship reference number for which points under Appendix A were awarded relates must record that the applicant is being sponsored in the same subcategory of the Tier 5 (Temporary Worker) Migrant route as the one in which he was being sponsored when he was last granted entry clearance or leave to remain as a Tier 5 (Temporary Worker) Migrant.

(f) Where the applicant is under 18 years of age, the application must be supported by the applicant?' parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(g) Where the applicant is under 18 years of age, the applicant?s parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant?s care in the UK.

245ZR. Period and conditions of grant

(a) If any calculation of period of leave comes to zero or a negative number, leave to remain will be refused.

(b) Subject to paragraphs (c) to (f) below, leave to remain will be granted for:

(i) the length of the period of engagement, as recorded in the Certificate of Sponsorship Checking Service entry, plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement) or

(ii) the difference between the period that the applicant has already spent in the UK since his last grant of entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant and:

(1) 12 months, if he is being sponsored in the creative and sporting or charity worker subcategories,
or

(2) 2 years, if he is being sponsored in the religious workers, government authorised exchange or international agreement subcategories,

whichever of (i) or (ii) is the shorter.

(c) Where the provisions in paragraph 245ZQ(b)(ii) apply, the migrant will be granted leave to remain for:

(i) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or

(ii) 12 months

whichever of (i) or (ii) is the shorter.

(d) Where the Certificate of Sponsorship Checking Service reference records that the migrant is being sponsored in the international agreement subcategory of the Tier 5 (Temporary Worker) Migrant route as an overseas government employee or a private servant in a diplomatic household, leave to remain will be granted for:

(i) the period of engagement plus 14 days, or

(ii) 12 months,

whichever of (i) or (ii) is the shorter, unless at the date of the application for leave to remain the applicant has spent more than 5 years continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for:

(iii) the period of engagement plus 14 days, or

(iv) a period equal to 6 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant

whichever of (iii) or (iv) is the shorter.

(e) Where:

(i) the Certificate of Sponsorship Checking Service reference number records that the applicant is being sponsored in the creative and sporting subcategory of the Tier 5 (Temporary Worker) Migrant route as a creative worker, and

(ii) the Sponsor is the Sponsor who sponsored the applicant when he received his last grant of leave

leave to remain will be granted for the period set out in paragraph (f) below.

(f) Where the conditions in paragraph (e) above are met, leave to remain will be granted for:

(i) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or

(ii) 12 months

whichever of (i) or (ii) is the shorter, unless the applicant has spent more than 1 year continuously in the UK with leave as a Tier 5 (Temporary Worker) Migrant, in which case leave to remain will be granted for:

(iii) the period of engagement plus 14 days (or, where the applicant has consecutive engagements, a period beginning on the first day of the first period of engagement and ending 14 days after the last day of the last period of engagement), or

(iv) a period equal to 2 years less X, where X is the period of time, beginning with the date on which the applicant was last granted entry clearance or leave to enter as a Tier 5 (Temporary Worker) Migrant, that the applicant has already spent in the UK as a Tier 5 (Temporary Worker) Migrant

whichever of (iii) or (iv) is the shorter.

(g) Leave to remain will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police if this is required by paragraph 326 of these Rules, and

(iii) no employment except:

(1) unless paragraph (2) applies, working for the person who for the time being is the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do for that Sponsor,

(2) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the government authorised exchange subcategory of Tier 5 (Temporary Workers), working for any person for whom the Sponsor directs him to work, provided that work is in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,

(3) supplementary employment, and

(4) in the case of a migrant whom the Certificate of Sponsorship Checking Service records as being sponsored in the creative and sporting subcategory of Tier 5 (Temporary Workers), employment as a sportsperson for his national team while his national team is in the UK.

245ZS. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 5 (Temporary Worker) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.

(b) The applicant must have spent a continuous period of 5 years lawfully in the UK with leave in the international agreement sub-category of Tier 5 and working as a private servant in a diplomatic household.

(c) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, with reference to paragraphs 33B to 33D of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made.

 

TIER 4 (GENERAL) STUDENT

245ZT. Purpose of this route

This route is for migrants aged 16 or over who wish to study in the UK.

245ZU. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 4 (General) Student must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245ZV. Requirements for entry clearance

To qualify for entry clearance as a Tier 4 (General) Student, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a)The applicant must not fall for refusal under the General Grounds for Refusal.

(b) The applicant must have a minimum of 30 points under paragraphs 113 to 120 of Appendix A.

(c) The applicant must have a minimum of 10 points under paragraphs 10 to 13 of Appendix C.

(d) If the applicant wishes to undertake:

(i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules, or

(ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules, or

(iii) a period of study or research in excess of 6 months in one of the disciplines listed in paragraphs 1 or 2 of Appendix 6 of these Rules at an institution of higher education where this forms part of an overseas postgraduate qualification

the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, that the applicant will be taking and at the institution at which the applicant wishes to undertake it and must provide the specified documents to show that these requirements have been met.

(e) If the applicant wishes to be a postgraduate doctor or dentist on a recognised Foundation Programme:

(i) the applicant must have successfully completed a recognised UK degree in medicine or dentistry from:

(1) an institution with a Tier 4 General Sponsor Licence,

(2) a UK publicly funded institution of further or higher education or

(3) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance,

(ii) the applicant must have previously been granted leave:

(1) as a Tier 4 (General) Student, or as a Student, for the final academic year of the studies referred to in paragraph (i) above, and

(2) as a Tier 4 (General) Student, or as a Student, for at least one other academic year (aside from the final year) of the studies referred to in paragraph (i) above,

(iii) if the applicant has previously been granted leave as a Postgraduate Doctor or Dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to enter or remain in that category, and

(iv) if the applicant has previously been granted leave as a Tier 4 (General) Student to undertake a course as a postgraduate doctor or dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which the applicant was first granted leave to undertake such a course.

(f) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

(g) If the course is below degree level the grant of entry clearance the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since the age of 18 studying courses that did not consist of degree level study, and

(1) if the course contains a work placement the Sponsor must be a Highly Trusted Sponsor unless the course is a foundation degree, or

(2) if the course is at level 3 on the National Qualifications Framework, or at level 6 on the Scottish Credit and Qualifications Framework, the Sponsor must be a Highly Trusted Sponsor.

(h) The applicant must be at least 16 years old.

(i) Where the applicant is under 18 years of age, the application must be supported by the applicant?s parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(j) Where the applicant is under 18 years of age, the applicant?s parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant?s travel to, and reception and care in, the UK.

245ZW. Period and conditions of grant

(a) Subject to paragraph (b), entry clearance will be granted for the duration of the course.

(b) In addition to the period of entry clearance granted in accordance with paragraph (a), entry clearance will also be granted for the periods set out in the following table. Notes to accompany the table appear below the table.

Type of course Period of entry clearance to be granted before the course starts Period of entry clearance to be granted after the course ends
12 months or more  1 month  4 months
6 months or more but less than 12 months  1 month  2 months
Pre-sessional course of less than 6 months  1 month  1 month
Course of less than 6 months that is not a pre-sessional course  7 days  7 days
Postgraduate doctor or dentist  1 month  1 month

Notes

(i) If the grant of entry clearance is made less than 1 month or, in the case of a course of less than 6 months that is not a pre-sessional course, less than 7 days before the start of the course, entry clearance will be granted with immediate effect.

(ii) A pre-sessional course is a course which prepares a student for the student?s main course of study in the UK.

(c) Entry clearance will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules,

(iii) no employment except:

(1) employment during term time of no more than 20 hours per week where the student is following a
course of degree level study or a foundation degree course,

(2) employment during term time of no more than 10 hours per week where the student is following a
course of study below degree level study (excluding a foundation degree course),

(3) employment (of any duration) during vacations,

(4) employment as part of a course-related work placement which forms an assessed part of the applicant's course and provided that any period that the applicant spends on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course.

(5) employment as a Student Union Sabbatical Officer, for up to 2 years, provided the post is elective and is at the institution which is the applicant's Sponsor.

(6) employment as a postgraduate doctor or dentist on a recognised Foundation Programme

provided that the migrant is not self employed, or employed as a Doctor or Dentist in Training other than a vacancy on a recognised Foundation Programme, professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant's employment would not fill a permanent full time vacancy other than a vacancy on a recognised Foundation Programme or as a sabbatical officer; and

(iv) no study except:

(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant's Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,

(2) supplementary study.

245ZX. Requirements for leave to remain

To qualify for leave to remain as a Tier 4 (General) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the applicant will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.

(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Tier 4 (General) Student,

(ii) as a Tier 4 (Child) Student,

(iii) as a Tier 1 (Post-study Work) Migrant,

(iv) as a Tier 2 Migrant,

(v) as a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduates Scheme),

(vi) as a Participant in the Fresh Talent: Working in Scotland Scheme,

(vii) as a Postgraduate Doctor or Dentist,

(viii) as a Prospective Student,

(ix) as a Student,

(x) as a Student Nurse,

(xi) as a Student Re-sitting an Examination,

(xii) as a Student Writing-Up a Thesis,

(xiii) as a Student Union Sabbatical Officer, or

(xiv) as a Work Permit Holder.

(c) The applicant must have a minimum of 30 points under paragraphs 113 to 120 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 10 to 13 of Appendix C.

(e) If the applicant wishes to undertake:

(i) postgraduate studies leading to a Doctorate or Masters degree by research in one of the disciplines listed in paragraph 1 of Appendix 6 to these Rules, or

(ii) postgraduate studies leading to a taught Masters degree in one of the disciplines listed in paragraph 2 of Appendix 6 to these Rules, or

(iii) a period of study or research in excess of 6 months in one of the disciplines listed in paragraphs 1 or 2 of Appendix 6 of these Rules at a publicly funded institution of higher education where this forms part of an overseas postgraduate qualification the applicant must hold a valid Academic Technology Approval Scheme clearance certificate from the Counter-Proliferation Department of the Foreign and Commonwealth Office which relates to the course, or area of research, that the applicant will be taking and at the institution at which the applicant wishes to undertake it and must provide the specified documents to show that these requirements have been met.

(f) If the applicant wishes to be a postgraduate doctor or dentist on a recognised Foundation Programme:

(i) the applicant must have successfully completed a recognised UK degree in medicine or dentistry from:

(1) an institution with a Tier 4 General Sponsor Licence,

(2) a UK publicly funded institution of further or higher education or

(3) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance,

(ii) the applicant must have previously been granted leave:

(1) as a Tier 4 (General) Student, or as a Student, for the final academic year of the studies referred to in paragraph (i) above, and

(2) as a Tier 4 (General) Student, or as a Student, for at least one other academic year (aside from the final year) of the studies referred to in paragraph (i) above,

(iii) if the applicant has previously been granted leave as a Postgraduate Doctor or Dentist the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to enter or remain in that category, and

(iv) if the applicant has previously been granted leave as a Tier 4 (General) Student to undertake a course as a postgraduate doctor or dentist, the applicant must not be seeking entry clearance or leave to enter or remain to a date beyond 3 years from the date on which he was first granted leave to undertake such a course.

(g) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

(h) If the course is below degree level the grant of leave to remain the applicant is seeking must not lead to the applicant having spent more than 3 years in the UK as a Tier 4 Migrant since the age of 18 studying courses that did not consist of degree level study, and

(1) if the course contains a work placement the Sponsor must be a Highly Trusted Sponsor unless the course is a foundation degree, or

(2) if the course is at level 3 on the National Qualifications Framework, or at level 6 on the Scottish Credit and Qualifications Framework, the Sponsor must be a Highly Trusted Sponsor.

(i) The applicant must be at least 16 years old.

(j) Where the applicant is under 18 years of age, the application must be supported by the applicant's parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(k) Where the applicant is under 18 years of age, the applicant's parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant's care in the UK.

(l) The applicant must not be applying for leave to remain for the purpose of studies which would commence more than one month after the applicant's current entry clearance or leave to remain expires.

245ZY. Period and conditions of grant

(a) Subject to paragraphs (b) and (c) below, leave to remain will be granted for the duration of the course.

(b) In addition to the period of leave to remain granted in accordance with paragraph (a), leave to remain will also be granted for the periods set out in the following table. Notes to accompany the table appear below the table.

 Type of course Period of leave to remain to be granted before the course starts Period of leave to remain to be granted after the course ends
12 months or more  1 month  4 months
6 months or more but less than 12 months  1 month  2 months
Pre-sessional course of less than 6 months  1 month  1 month
Course of less than 6 months that is not a pre-sessional course  7 days  7 days
 Postgraduate doctor or dentist  1 month  1 month

Notes

(i) If the grant of leave to remain is being made less than 1 month or, in the case of a course of less than 6 months that is not a pre-sessional course, less than 7 days before the start of the course, leave to remain will be granted with immediate effect.

(ii) A pre-sessional course is a course which prepares a student for the student?s main course of study in the UK.

(c) Leave to remain will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules,

(iii) no employment except:

(1) employment during term time of no more than 20 hours per week where the student is following a course of degree level study or a foundation degree course,

(2) employment during term time of no more than 10 hours per week where the student is following a course of study below degree level study (excluding a foundation degree course),

(3) employment (of any duration)during vacations,

(4) employment as part of a course-related work placement which forms an assessed part of the applicant's course and provided that any period that the applicant spends on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course.

(5) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant's Sponsor,

(6) employment as a postgraduate doctor or dentist on a recognised Foundation Programme provided that the migrant is not self-employed, or employed as a Doctor or Dentist in Trainingother than a vacancy on a recognised Foundation Programme, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant's employment would not fill a permanent full time vacancy other than a vacancy on a recognised Foundation Programme or as a sabbatical officer.

(iv) no study except:

(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant?s Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,

(2) supplementary study

TIER 4 (CHILD) STUDENT

245ZZ. Purpose of route

This route is for children at least 4 years old and under the age of 18 who wish to be educated in the UK.

245ZZA. Entry clearance

All migrants arriving in the UK and wishing to enter as a Tier 4 (Child) Student must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal.

(b) The applicant must have a minimum of 30 points under paragraphs 121 to 126 of Appendix A.

(c) The applicant must have a minimum of 10 points under paragraphs 14 to 18 of Appendix C.

(d) The applicant must be at least 4 years old and under the age of 18.

(e) The applicant must have no children under the age of 18 who are either living with the applicant or for whom the applicant is financially responsible.

(f) If a foster carer or a relative (not a parent or guardian) of the applicant will be responsible for the care of the applicant:

(i) the arrangements for the care of the applicant by the foster carer or relative must meet the requirements laid down in guidance published by the United Kingdom Border Agency and the applicant must provide the specified documents to show that this requirement has been met, and

(ii) the applicant must provide details of the care arrangements as specified in guidance published by the United Kingdom Border Agency.

(g) The application must be supported by the applicant's parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(h) The applicant's parents or legal guardian, or just one parent if that parent has sole responsibility for the child, must confirm that they consent to the arrangements for the applicant's travel to, and reception and care in, the UK.

(i) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met

245ZZB. Period and conditions of grant

(a) Where the applicant is under the age of 16, entry clearance will be granted for:

(i) a period of no more than 1 month before the course starts, plus

(ii) a period:

(1) requested by the applicant,

(2) equal to the length of the programme the applicant is following, or

(3) of 6 years

whichever is the shorter, plus

(iii) 4 months.

(b) Where the applicant is aged 16 or over, entry clearance will be granted for:

(i) a period of no more than 1 month before the course starts, plus

(ii) a period:

(1) requested by the applicant,

(2) equal to the length of the programme the applicant is following, or

(3) of 3 years

whichever is the shorter, plus

(iii) 4 months.

(c) Entry clearance will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules,

(iii) no employment whilst the migrant is aged under 16,

(iv) no employment whilst the migrant is aged 16 or over except:

(1) employment during term time of no more than 10 hours per week,

(2) employment (of any duration) during vacations,

(3) employment as part of a course-related work placement which forms an assessed part of the applicant's course and provided that any period that the applicant spend on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course

(4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant?s Sponsor

provided that the migrant is not self employed, or employed as a Doctor in Training, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant's employment would not fill a permanent full time vacancy other than a vacancy as a sabbatical officer.

(v) no study except:

(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant's Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,

(2) supplementary study.

245ZZC. Requirements for leave to remain

To qualify for leave to remain as a Tier 4 (Child) Student under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, leave to remain will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal and must not be an illegal entrant.

(b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain:

(i) as a Tier 4 (Child) Student,

(ii) as a Student, or

(iii) as a Prospective Student.

(c) The applicant must have a minimum of 30 points under paragraphs 121 to 126 of Appendix A.

(d) The applicant must have a minimum of 10 points under paragraphs 14 to 18 of Appendix C.

(e) The applicant must be under the age of 18.

(f) The applicant must have no children under the age of 18 who are either living with the applicant or for whom the applicant is financially responsible.

(g) If a foster carer or a relative (not a parent of guardian) will be responsible for the care of the applicant:

(i) the arrangements for the care of the applicant by the foster carer or relative must meet the requirements laid down in guidance published by the United Kingdom Border Agency and the applicant must provide the specified documents to show that this requirement has been met, and

(ii) the applicant must provide details of the care arrangements as specified in guidance published by the United Kingdom Border Agency.

(h) The application must be supported by the applicant's parents or legal guardian, or by just one parent if that parent has sole legal responsibility for the child.

(i) The applicant's parents or legal guardian, or just one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant's care in the UK.

(j) The applicant must not be applying for leave to remain for the purpose of studies which would commence more than one month after the applicant's current entry clearance or leave to remain expires.

(k) If the applicant is currently being sponsored by a Government or international scholarship agency, or within the last 12 months has come to the end of such a period of sponsorship, the applicant must provide the written consent of the sponsoring Government or agency to the application and must provide the specified documents to show that this requirement has been met.

245ZZD. Period and conditions of grant

(a) Where the applicant is under the age of 16, leave to remain will be granted for:

(i) a period of no more than 1 month before the course starts, plus

(ii) a period:

(1) requested by the applicant,

(2) equal to the length of the programme the applicant is following, or

(3) of 6 years

whichever is the shorter, plus

(iii) 4 months.

(b) Where the applicant is aged 16 or over, leave to remain will be granted for:

(i) a period of no more than 1 month before the course starts, plus

(ii) a period:

(1) requested by the applicant,

(2) equal to the length of the programme the applicant is following, or

(3) of 3 years

whichever is the shorter, plus

(iii) 4 months.

(c) Leave to remain will be granted subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules,

(iii) no employment whilst the migrant is aged under 16,

(iv) no employment whilst the migrant is aged 16 or over except:

(1) employment during term time of no more than 10 hours per week,

(2) employment (of any duration) during vacations,

(3) employment as part of a course-related work placement which forms an assessed part of the applicant's course, and provided that any period that the applicant spend on that placement does not exceed half of the total length of the course undertaken in the UK except where it is a United Kingdom statutory requirement that the placement should exceed half the total length of the course,

(4) employment as a Student Union Sabbatical Officer for up to 2 years provided the post is elective and is at the institution which is the applicant's Sponsor,

provided that the migrant is not self-employed, or employed as a Doctor in Training, a professional sportsperson (including a sports coach) or an entertainer, and provided that the migrant's employment would not fill a permanent full time vacancy other than a vacancy as a sabbatical officer.

(v) no study except:

(1) study at the institution that the Confirmation of Acceptance for Studies Checking Service records as the migrant's Sponsor, or where the migrant was awarded points for a visa letter, study at the institution which issued that visa letter,

(2) supplementary study.