Immigration Rules: introduction
This contains an explanation of who鈥檚 covered by the Immigration Rules, dates of effect and definitions/interpretations of the terms used.
The Home Secretary has made changes in the Rules laid down by him as to the practice to be followed in the administration of the Immigration Acts for regulating entry into and the stay of persons in the United Kingdom and contained in the statement laid before Parliament on 23 March 1990 (HC 251) (as amended). This statement contains the Rules as changed and replaces the provisions of HC 251 (as amended).
- 2.Immigration Officers, Entry Clearance Officers and all staff of the Home Office will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in the United Kingdom.
- 3.In these Rules words importing the masculine gender include the feminine unless the contrary intention appears.
- 4.These Rules come into effect on 1 October 1994 and will apply to all decisions taken on or after that date save that any application made before 1 October 1994 for entry clearance, leave to enter or remain or variation of leave to enter or remain other than an application for leave by a person seeking asylum shall be decided under the provisions of HC 251, as amended, as if these Rules had not been made.
- 5. DELETED
- 5A. DELETED
- 5B. DELETED
- 5C. Save where expressly indicated throughout these rules, these rules do not apply to an Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain, but an Irish citizen who does require leave to enter or remain is covered by these rules.
- 5D. Paragraph 5C does not apply to paragraph 11, Appendix EU, Appendix S2 Healthcare Visitor, Appendix Service Providers from Switzerland, Appendix EU (Family Permit), Appendix AR (EU), Part 11 (asylum) or Part 13 (deportation).
- 5E. An Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain is considered settled for the purposes of these rules.
- 6.1. In these rules, unless the contrary intention appears, references to paragraphs are to paragraphs of the Immigration Rules (HC 395 as amended) made under section 3(2) of the Immigration Act 1971, and references to Appendices are to Appendices to those rules.
- 6.2. In these rules:
- (a) references to primary and secondary legislation refers to that legislation as amended from time to time; and
- (b) unless the contrary intention appears, the following definitions apply:
- 鈥淎ccompanying Person鈥 in Appendix S2 Healthcare Visitor is a person with a healthcare right of entry and who is accompanying a patient (P) to the UK at the same time as P鈥檚 entry into the UK, or who is joining P in the UK on a date after P鈥檚 entry into the UK, for the purpose of providing P with care or support during their course of planned healthcare treatment.
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鈥淎ccredited Institution鈥 means an institution which is:
- (a) the holder of a student sponsor licence; or
- (b) the holder of valid accreditation from Accreditation UK, the Accreditation Body for Language Services (ABLS), the British Accreditation Council (BAC), or the Accreditation Service for International Colleges (ASIC); or
- (c) the holder of a valid and satisfactory full institutional inspection, review or audit by Estyn, Education Scotland, the Independent Schools Inspectorate, Office for Standards in Education, the Office for Students, the Quality Assurance Agency for Higher Education or the Education and Training Inspectorate Northern Ireland; or
- (d) an overseas higher education institution offering only part of its programmes in the UK.
- 鈥淎诲别辩耻补迟别鈥 and 鈥渁诲别辩耻补迟别濒测鈥 in relation to a maintenance and accommodation requirement means that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the person or family the level of income or funds that would be available to them if the person or family was in receipt of income support.
- 鈥淎dministrative review鈥 means a review conducted in accordance with Appendix AR, or where applicable Appendix AR (EU).
- 鈥淎诲辞辫迟颈辞苍鈥 means an adoption in accordance with the requirements of Appendix Adoption, and 鈥渁dopted鈥 and 鈥渁doptive parent鈥 shall be construed accordingly.
- 鈥淎greement on the Free Movement of Persons鈥 in Appendix Service Providers from Switzerland means the agreement between the Swiss Confederation and the European Union and its member states, which was signed in 1999 and came into force in 2002.
- 鈥淎尘补迟别耻谤鈥 means a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity.
- 鈥淎辫辫濒颈肠补苍迟鈥 means a person who is making an application for entry clearance, permission to enter or permission to stay (and a person seeking entry at the UK Border is to be regarded as making an application for permission to enter).
- 鈥淎pplication for asylum鈥 has the meaning given in paragraph 327 of these rules.
- 鈥淎pplication for leave to remain鈥 and 鈥渁pplication for permission to stay鈥 includes an application for variation of leave to enter or remain of a person in the UK.
- 鈥淎pplication Centre鈥 in the context of an application for entry clearance, means a commercial partner, a British Diplomatic Mission or Consular Post overseas, or designated government office overseas, authorised by the Secretary of State to take biometrics and receive documents from applicants for entry clearance.
- 鈥淎pproved Destination Status Agreement with China鈥 means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People鈥檚 Republic of China to the United Kingdom as an approved destination, signed on 21 January 2005.
- 鈥淎pproved qualification鈥鈥痬eans a qualification鈥痺hich meets the Approved qualification requirements鈥痠n鈥疉ppendix Student.
- 鈥淎pproved sponsor鈥 means a sponsor which is listed in the register of licensed sponsors: workers or register of licensed sponsors: students on the gov.uk website as being licensed for the relevant route of these rules and found at:
- /government/publications/register-of-licensed-sponsors-workers /government/publications/register-of-licensed-sponsors-students.
- 鈥淎pproved sponsor鈥 under the Homes for Ukraine Sponsorship Scheme means a sponsor who meets eligibility and suitability requirements under the Homes for Ukraine sponsor guidance, published by the Department for Levelling Up, Housing and Communities at /guidance/homes-for-ukraine-sponsor-guidance. Or, in the case of a child who is not applying with or to join their parent or legal guardian in the UK, a sponsor who is approved as a sponsor for that applicant under the Homes for Ukraine Scheme under the guidance: 鈥淗omes for Ukraine - Applications to Homes for Ukraine for children who are not travelling or reuniting with their parent or legal guardian: Guidance for Councils鈥.
- 鈥淎耻苍迟鈥 in Appendix Ukraine Scheme means the sister, or step-sister, of either of the UK-based sponsor鈥檚 parents, or the female partner of the UK-based sponsor鈥檚 uncle or aunt.
- 鈥淏颈辞尘别迟谤颈肠蝉鈥 has the same meaning as 鈥渂iometric information鈥 in section 15 of the UK Borders Act 2007 and means, in particular, a record of a person鈥檚 fingerprints and a photograph of a person鈥檚 face.
- 鈥淏iometric immigration document鈥 means a document recording biometric information issued in accordance with regulations made under section 5 of the UK Borders Act 2007.
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鈥淏ona fide private education institution鈥 is a private education institution which:
- (a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Home Office when requested; and
- (b) provides courses which involve a minimum of 15 hours鈥 organised daytime study per week; and
- (c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students; and
- (d) offers courses leading to qualifications recognised by the appropriate accreditation bodies; and
- (e) employs suitably qualified staff to provide teaching, guidance and support to the students; and
- (f) provides adequate accommodation, facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and
- (g) if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body.
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鈥淏orn in the UK or Islands鈥 in Appendix UK Ancestry means born:
- (a) in the UK; or
- (b) in the Channel Islands (Bailiwick of Guernsey, Bailiwick of Jersey); or
- (c) in the Isle of Man; or
- (d) before 31 March 1922, in Ireland; or
- (e) on a British-owned or registered ship or aircraft if the requirements of either section 50(7)(a) of the British Nationality Act 1981, or section 32(5) of the British Nationality Act 1948, as applicable, are met.
- 鈥淏N(O) Adult Dependent Relative鈥 means a person granted permission as a BN(O) Adult Dependent Relative under Appendix Hong Kong British National (Overseas).
- 鈥淏N(O) Household Child鈥 means a person falling within HK 15.1. and who is granted permission as a BN(O) Household Child under Appendix Hong Kong British National (Overseas).
- 鈥淏N(O) Household Member鈥 means a person granted permission as a BN(O) Household Member under Appendix Hong Kong British National (Overseas).
- 鈥淏N(O) Status Holder鈥 means a person granted permission as a BN(O) Status Holder under Appendix Hong Kong British National (Overseas).
- 鈥淏reach of immigration laws鈥 - a person is in breach of immigration laws for the purpose of these rules where the person is an overstayer; is an illegal entrant; is in breach of a condition of their permission; or used deception in relation to their most recent application for entry clearance or permission; and 鈥減reviously breached immigration laws鈥 鈥 a person previously breached immigration laws if they overstayed or used deception in relation to a previous application for entry clearance or permission.
- 鈥淏usiness day鈥 means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the UK to which the notice is sent, Christmas Day or Good Friday.
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鈥淐abotage operations鈥 in Appendix Visitor: Permitted Activities means
- (a) in relation to goods, national carriage for hire or reward carried out on a temporary basis in the UK; or
- (b) in relation to passengers either:
- i. national road passenger services for hire and reward carried out on a temporary basis by a carrier in the UK, or
- ii. the picking up and setting down of passengers within the UK, in the course of a regular international service, provided that it is not the principal purpose of the service.
- 鈥淐alendar year鈥 means a year beginning on 1 January and ending on 31 December.
- 鈥淐补苍肠别濒濒补迟颈辞苍鈥 in Part 9, Appendix S2 Healthcare Visitor and Appendix Service Providers from Switzerland means cancellation, variation in duration, or curtailment, of entry clearance or permission, which can take effect immediately or at a specified future date and whether the person is in the UK or overseas. And in relation to Appendix Temporary Permission to stay for Victims of Human Trafficking or Slavery the term 鈥渃ancellation鈥 has the same meaning as 鈥渞evocation鈥 in section 65(8) of the Nationality and Borders Act 2022.
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鈥淐ertificate of Sponsorship鈥means either:
- (a) an electronic document, with a unique reference, issued by a sponsor using the Sponsorship Management System; or
- (b) the record linked to a Sponsorship Reference Number, generated following a successful submission made via the 鈥淪ponsor a Worker鈥 scheme operated by the Secretary of State,
- that confirms the details of the job for which the sponsor is sponsoring the applicant.
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鈥淐harity Worker鈥 means a person who has, or had, permission under any of the following:
- (i) Appendix Temporary Work 鈥 Charity Worker; or
- (ii) Appendix T5 (Temporary Worker) Charity Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) as a Tier 5 (Temporary Worker) migrant in the Charity Worker sub-category under part 6A of the rules in force before 1 December 2020.
- 鈥淐丑颈濒诲鈥 means a person who is aged under 18 years.
- 鈥淐hild Student鈥 means a person who has, or had, permission under Appendix Child Student, Appendix CS: Child Student under the rules in force before 1 December 2020, or as a Tier 4 (Child) Student under the rules in force before 5 October 2020.
- 鈥淐ivil partnership鈥 means a civil partnership under or by virtue of the Civil Partnership Act 2004.
- 鈥淐lose relative鈥 means a grandparent, brother, sister,鈥痵tep-parent, uncle (brother or half-brother of a child鈥檚 parent) or aunt (sister or half-sister of a child鈥檚 parent) who is aged 18 or over.
- 鈥淐ommon Travel Area鈥 is as defined in section 1(3) of the Immigration Act 1971.
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鈥淐ommonwealth citizen鈥 means:
- (a) a British Overseas Territories citizen, a British National (Overseas), a British Overseas citizen or a British subject; or
- (b) a citizen of a country listed in Schedule 3 to the British Nationality Act 1981.
- 鈥淐辞苍诲颈迟颈辞苍鈥 means a condition of leave to enter or leave to remain under section 3(1)(c) of the Immigration Act 1971, such as a prohibition on employment or study.
- 鈥淐onfirmation of Acceptance for Studies reference number鈥 means a number which links to a single Confirmation of Acceptance for Studies that was assigned to a Student or Child Student by their student sponsor.
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鈥淐onsecutive engagements鈥 means where:
- (a) the applicant is being sponsored for more than one engagement in the UK as a Creative Worker regardless of whether the applicant has engagements outside the UK that take place between those engagements in the UK; and
- (b) the applicant will be sponsored by more than one sponsor for those engagements,
- (c) each sponsor has issued a Certificate of Sponsorship on the Creative Worker route for the relevant engagement, or engagements; and
- (d) there is no more than 14 days between each individual engagement in the UK, and for the purposes of calculating that 14-day period, time spent by the applicant outside the UK (including the dates of their departure from and return to the UK) will not be counted towards this period.
- 鈥淐ontact point meeting鈥 means, for the purpose of Appendix Innovator Founder, a checkpoint assessment between the applicant and their Endorsing Body to assess progress against the applicant鈥檚 business plan.
- 鈥淐ontrol Zone鈥 is as defined by article 2(1) of, and Schedule 1 to, the Channel Tunnel (International Arrangements) Order 1993 (SI 1993/1813) and article 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (SI 2003/2818) (as amended from time to time).
- 鈥淐ourse of study鈥 means the course for which a Confirmation of Acceptance for Studies was assigned, or a new course with the person鈥檚 current student sponsor which they were permitted to study without applying for further permission on the Student route.鈥
- 鈥淐onfirmation of Acceptance for Studies鈥 means an electronic document with a unique reference number electronically issued by a student sponsor via the Sponsor Management System, to a person who the student sponsor has agreed to sponsor, for use in an application as a Student or Child Student, in accordance with these rules.
- 鈥淐辞苍惫颈肠迟颈辞苍鈥 means conviction for a criminal offence in the UK or any other country.
- 鈥淐辞耻蝉颈苍鈥 in Appendix Ukraine Scheme means the biological, adopted or step-child of the UK-based sponsor鈥檚 uncle or aunt.
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鈥淐reative Worker鈥 means a person who has, or had, permission under any of the following:
- (i) Appendix Temporary Work 鈥 Creative Worker; or
- (ii) Appendix T5 (Temporary Worker) Creative or Sporting Worker, working in the creative sector under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) as a Tier 5 (Temporary Worker) migrant in the Creative and Sporting sub-category working in the creative sector under part 6A of the rules in force before 1 December 2020 (inclusive).
- 鈥淐rew member鈥 has the same meaning as in the Immigration Act 1971.
- 鈥淐耻谤迟补颈濒尘别苍迟鈥, in relation to the curtailment of a person鈥檚 leave to enter or leave to remain, means cancelling or curtailing their leave such that they will have a shorter period of, or no, leave remaining.
- 鈥淐ustodial sentence鈥 means a period of imprisonment, not including a suspended sentence.
- 鈥淐ustoms breach鈥 means a breach of any provision of the Customs and Excise Acts or any other breach relating to an assigned matter (which is any matter in relation to which the Commissioners or officers of His Majesty鈥檚 Revenue and Customs have a power or duty which the Home Office may exercise at the border).
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鈥淒ate of application鈥 means:
If applying for entry clearance either:
- (a) the date of payment of the relevant fee; or
- (b) where a fee is not required, the date on which the application is submitted online; or
- (c) where a fee is not required and an online application is not available, the date on which the paper application form is received by the Home Office.
- If applying for permission to enter, the date the person seeks entry.
- If applying for permission to stay:
- (a) where the paper application form is sent by post by Royal Mail, whether or not accompanied by a fee waiver request form, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or
- (b) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or鈥
- (c) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is鈥痵ubmitted,鈥痑nd the relevant fee is paid; or
- (d) where the application is made via the online application process, and includes a request for a fee waiver, the date on which the online request for a fee waiver is submitted, as long as the completed application is submitted within 10 working days of the receipt of the decision on the request for a fee waiver.
- 鈥淒ecision maker鈥 means an entry clearance officer, immigration officer, the Secretary of State or such other person as is authorised by the Secretary of State to make the decision in question, as the case may be. And in Part 11 references to the Secretary of State as the decision maker include such other person as is authorised by the Secretary of State to make the decision in question.
- 鈥淒egree level study鈥 means a course which leads to a recognised UK bachelor鈥檚 degree, or an equivalent qualification at level 6 of the Regulated Qualifications Framework, or at level 9 or 10 of the Scottish Credit and Qualifications Framework.
- 鈥淒eportation order鈥 means an order made under section 5(1) of the Immigration Act 1971.
- 鈥淒istance learning course鈥 means a course being undertaken at a UK Accredited Institution by a person who is overseas, and which does not require the person to be physically present in the UK for the majority of the course.
- 鈥淒octorate extension scheme鈥 means a sponsored scheme which enables successful applicants to remain in the UK for 12 months鈥痜rom the鈥痚xpected end date of a course leading to the award of a PhD鈥痑s in Appendix Student, or under the rules in force before 1 December 2020.
- 鈥淒omestic Worker in a Private Household鈥 means a person who has, or had, permission under Appendix Domestic Worker in a Private Household, or as a domestic worker in a private household under paragraph 159EA of the rules in force before 6 May 2021.
- 鈥淒omestic Worker who is a Victim of Modern Slavery鈥 means a person who has, or had, permission under Appendix Domestic Worker Victim of Modern Slavery, or as a domestic worker who is a victim of slavery or human trafficking under paragraph 159J of the rules in force before 6 May 2021.
- 鈥淓CAA route鈥 means Appendix ECAA Extension of Stay or under the ECAA rules in force on 30 December 2020.
- 鈥淓肠肠迟颈蝉鈥 is a service which provides information, advice and opinion on academic, vocational and professional qualifications and skills from all over the world, set out at: .
- 鈥淓EA citizen鈥 and 鈥淓EA national鈥 means a person who is a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland; and who is not also a British citizen.
- 鈥淓EA EFTA separation agreement鈥 means (as modified from time to time in accordance with any provision of it) the Agreement on arrangements between Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland following the withdrawal of the United Kingdom from the European Union, the EEA Agreement and other agreements applicable between the United Kingdom and the EEA EFTA States by virtue of the United Kingdom鈥檚 membership of the European Union.
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鈥淓EA Regulations鈥 means:
- (a) (where relevant to something done before 11pm on 31 December 2020) the Immigration (European Economic Area) Regulations 2016 (as they have effect immediately before that date or, in the case of an application made under these rules where the date of decision is before 11pm on 31 December 2020, as they have effect at the date of application); or
- (b) (where relevant to something done after 11pm on 31 December 2020) the Immigration (European Economic Area) Regulations 2016 (as, despite the revocation of those Regulations, they continue to have effect, with specified modifications, by virtue of regulations made under section 7, 9 or 11 of the European Union (Withdrawal Agreement) Act 2020).
- 鈥淓罢础鈥 means an Electronic Travel Authorisation as defined in section 11C(1) of the Immigration Act 1971.
- 鈥淓尘辫濒辞测尘别苍迟鈥 includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self-employment and engaging in business or any professional activity. Standing for or filling an elected post in local or devolved government or legislatures is not considered to be employment for the purposes of the immigration rules, and conditions restricting employment do not affect the ability to undertake such activities.
- 鈥淓mployment as a doctor or dentist in training鈥 means employment in a medical post or training programme which has been approved by the General Medical Council, or employment in a postgraduate training programme in dentistry.
- 鈥淓ndorsed funder鈥 means an organisation accepted by UKRI, and on a list published by them, as prestigious funders of research and innovation who have an excellent track record of awarding funding to researchers with critical skills, following a rigorous peer review process.
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鈥淓ndorsing body鈥 means an organisation which is currently approved by the Home Office to endorse an individual or business in connection with an application under one or more of the following routes:
- (a) Start-up; or
- (b) Innovator; or
- (c) Innovator Founder; or
- (d) Global Talent; or
- (e) Scale-up.
- 鈥淓ndorsement letter鈥 means an official letter issued by an endorsing body, confirming that the endorsing body has endorsed the applicant in the relevant category.
- 鈥淓nglish language鈥痗ourse鈥鈥痬eans a course that solely鈥痗onsists of鈥疎nglish language study.鈥
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鈥淓vidence of P鈥檚 permission to enter or remain鈥 under Appendix S2 Healthcare Visitor means:
- (a) a valid document which is either a biometric immigration document, stamp or endorsement in a passport (whether or not the passport has expired), or other document or electronic document issued by the Home Office, confirming that the patient (P) has permission to enter or remain in the UK as an S2 Healthcare Visitor, which has not been cancelled; or
- (b) the decision maker is otherwise satisfied from the information available that P has permission as an S2 Healthcare Visitor, which has not been cancelled.
- 鈥淓xclusion decision鈥 means a decision made personally by the Secretary of State that a person be excluded from the UK.
- 鈥淓xclusion order鈥 means an order made under regulation 23(5) of the EEA Regulations that the exclusion of an EEA national or the family member of an EEA national is justified on the grounds of public policy, public security or public health.
- 鈥淓xpected end date of a course leading to the award of a PhD鈥 means the date the PhD is expected to be formally confirmed, by the鈥痵tudent鈥痵ponsor, as completed to the standard required for the award of a PhD and recorded on the Confirmation of Acceptance for Studies which applies to the application on the鈥痙octorate extension scheme.
- 鈥淓xternal student鈥 means a student studying for a degree from a UK degree awarding body without any requirement to attend the UK degree awarding body鈥檚 premises or a UK listed body鈥檚 premises for lectures and tutorials.
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鈥淔alse document鈥 includes:
- (a) a document which has been altered or tampered with; and
- (b) a counterfeit document; and
- (c) a document which is being used by an imposter; and
- (d) a document which has been fraudulently obtained or issued; and
- (e) a document which contains a falsified or counterfeit entry clearance, visa or endorsement.
- 鈥淔别别鈥 means the amount the applicant must pay to the Secretary of State as specified in regulations made in exercise of the powers in sections 68, 69 and 74 of the Immigration Act 2014.
- 鈥淔ee Waiver鈥 means a decision by the Secretary of State that the usual fee in relation to an immigration function need not be paid or need only be paid in specified part (whether a fee waiver can be requested for an application or service is set out in the Immigration and Nationality (Fees) Regulations).
- 鈥淔oundation degree鈥 means a programme of study which leads to a qualification awarded by an English higher education provider with degree awarding powers which is at a minimum of level 5 on the Regulated Qualifications Framework, or awarded on a directly equivalent basis in the devolved administrations.
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鈥淔ull-time course鈥 means a course which is:
- (a) a full-time course of course of study at UK bachelor鈥檚 degree level or above; or
- (b) an overseas higher education course that a Student is studying in the UK and leads to a qualification from an overseas higher education institution that is recognised as being equivalent to a UK higher education qualification; or
- (c) a course of study below UK degree level that involves a minimum of 15 hours a week of classroom-based, daytime study (08:00 鈥 18:00, Monday to Friday), but scheduled breaks do not count towards the 15 hours.
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鈥淕lobal Business Mobility routes鈥 means any of the following:
- (a) Appendix Global Business Mobility 鈥 Graduate Trainee; or
- (b) Appendix Global Business Mobility 鈥 Secondment Worker; or
- (c) Appendix Global Business Mobility 鈥 Senior or Specialist Worker; or
- (d) Appendix Global Business Mobility 鈥 Service Supplier; or
- (e) Appendix Global Business Mobility 鈥 UK Expansion Worker.
- 鈥淕lobal Talent鈥 means the route, or a person with permission as a lead applicant on the route, under Appendix Global Talent or as a Global Talent migrant under Appendix W of the rules in force before 1 December 2020, or as a Tier 1 (Exceptional Talent) Migrant.
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鈥淕lobal Universities List鈥 means the list of universities published by the Home Office on the Gov.uk website, which is compiled on an annual basis and consists of all non-UK institutions that are ranked in the top 50 of at least two of the following ranking systems:
- (a) Times Higher Education World University Rankings; and
- (b) Quacquarelli Symonds World University Rankings; and
- (c)The Academic Ranking of World Universities.
- 鈥淕overnment Authorised Exchange Scheme鈥 means a scheme under the T5 (Temporary Worker) Government Authorised Exchange Worker route which is endorsed by a Government Department in support of Government objectives and provides temporary work in an occupation which appears in Tables 1, 2 or 3 of Appendix Skilled Occupations and where the migrant will be supernumerary.
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鈥淕overnment Authorised Exchange route鈥 means any of the following:
- (i) the route in Appendix Temporary Work 鈥 Government Authorised Exchange; or
- (ii) the route in Appendix T5 (Temporary Worker) Government Authorised Exchange Worker, under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) the Government Authorised Exchange sub-category in the Tier 5 (Temporary Worker) route under part 6A of the rules in force before 1 December 2020.
- 鈥淕谤补诲耻补迟别鈥 means a person who has, or had, permission as a Graduate under Appendix Graduate of these Rules.
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鈥淕raduate Trainee鈥 means a person who has, or had, permission under any of the following:
- (a) Appendix Global Business Mobility 鈥 Graduate Trainee; or
- (b) the Intra-Company Graduate Trainee route of Appendix Intra-Company Routes under the rules in force before 11 April 2022; or
- (c) as a Tier 2 (Intra-Company Transfer) migrant in the Graduate Trainee sub-category under the rules in force before 0900 on 1 December 2020.
- 鈥淕谤补苍诲肠丑颈濒诲鈥 in Appendix Ukraine Scheme means a biological grandchild, step-grandchild or grandchild by reason of an adoption recognised by the laws of the UK relating to adoption.
- 鈥淕谤补苍诲辫补谤别苍迟鈥 in Appendix UK Ancestry, Appendix Ukraine Scheme and Appendix Adult Dependent Relative means a biological grandparent or grandparent by reason of an adoption recognised by the laws of the UK relating to adoption.
- 鈥淗igh earner鈥 means a person on the Global Business Mobility 鈥 Senior or Specialist Worker route or Global Business Mobility 鈥 UK Expansion Worker route who is sponsored in a job with a gross annual salary of 拢73,900 or more (based on working a maximum of 48 hours per week) as confirmed by their sponsor.
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鈥淗igher education provider鈥 means a student sponsor which:
- (a) in England, is an institution that is required to register with the Office for Students, because it is an 鈥淓nglish Higher Education Provider鈥, as defined in the Office for Students Regulations and section 83 of the Higher Education and Research Act 2017; or
- (b) in Northern Ireland, is a higher education institution as set out in the Education and Libraries (Northern Ireland) Order 1993, or a body that provides higher education, and is recognised under the Further Education (Northern Ireland) Order 1997, with 鈥渋n developmental鈥 or 鈥渆stablished provider鈥 status; or
- (c) in Scotland, is an institution that provides higher education within the meaning of section 38 of the Further and Higher Education (Scotland) Act 1992 and which is a post-16 education body within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005; or
- (d) in Wales, is an institution that offers higher education provision and is a 鈥渞egulated institution鈥, as defined in the Higher Education (Wales) Act 2015 (for the purpose of the 2015 Act, higher education is defined as education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988).
- 鈥淗igh Potential Individual鈥 means a person who has, or had, permission as a High Potential Individual under Appendix High Potential Individual.
- 鈥淗igh Potential Individual route鈥 means the route under Appendix High Potential Individual.
- 鈥淗uman Rights Convention鈥 means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, as it has effect for the time being in relation to the UK.
- 鈥淗umanitarian protection鈥 means status granted under paragraph 339C and which has not been revoked under paragraphs 339G to 339H.
- 鈥淚llegal entrant鈥 has the same meaning as in section 33(1) of the Immigration Act 1971.
- 鈥淚mmigration Acts鈥 has the same meaning as in section 61(2) of the UK Borders Act 2007.
- 鈥淚mmigration employment document鈥 means a work permit or any other document which relates to employment and is issued for the purpose of these rules or in connection with leave to enter or remain in the UK.
- 鈥淚mmigration Health Charge鈥 means a charge under section 38 of the Immigration Act 2014 and the Immigration (Health Charge) Order 2015.
- 鈥淚mmigration Officer鈥 includes a Customs Officer acting as an Immigration Officer.
- 鈥淚mmigration Skills Charge鈥 means a charge payable under regulations made under section 70A of the Immigration Act 2014.
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鈥淚ndependent School鈥 means:
- (a) a school in England or Wales (which is not an Academy, a school maintained by a local authority, or a non-maintained special school), at which full-time education is provided for:
- (i) five or more pupils of compulsory school age (whether or not such education is also provided at it for pupils under or over that age); or
- (ii) for at least one pupil of compulsory school age (whether or not such education is also provided at it for pupils under or over that age) for whom an education, health and care (EHC) plan or a statement of special educational needs is maintained, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989); or
- (b) a school in Scotland (which is not a public school or a grant-aided school), at which full-time education is provided for pupils of school age (whether or not such education is also provided for pupils under or over that age); or
- (c) a school in Northern Ireland (which is not grant-aided), which has been registered with the Department of Education.
- (a) a school in England or Wales (which is not an Academy, a school maintained by a local authority, or a non-maintained special school), at which full-time education is provided for:
- 鈥泪苍苍辞惫补迟辞谤鈥 means a person who has, or had, permission as an Innovator under Appendix Innovator of the rules in force before 13 April 2023 or as an Innovator migrant under Appendix W of the rules in force before 1 December 2020.
- 鈥淚nnovator Founder鈥 means a person who has, or had, permission as an Innovator Founder under Appendix Innovator Founder, or as an Innovator under Appendix Innovator of the rules in force before 13 April 2023 or under Appendix W of the rules in force before 1 December 2020.
- 鈥淚ntention to live permanently with the other in the UK鈥 or 鈥渋ntend to live together permanently in the UK鈥 means an intention to live together, evidenced by a clear commitment from both parties that they will live together permanently in the UK immediately following the outcome of the application in question or as soon as circumstances permit thereafter. However, where an application is made under Appendix Armed Forces the words 鈥渋n the UK鈥 in this definition do not apply. Where an application is made under Appendix FM and the sponsor is a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council, the Foreign, Commonwealth and Development Office or the Home Office on a tour of duty outside the UK, the words 鈥渋n the UK鈥 in this definition do not apply.
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鈥淚nternational Agreement route鈥 means any of the following:
- (i) the route in Appendix Temporary Work 鈥 International Agreement; or
- (ii) the route in Appendix T5 (Temporary Worker) International Agreement Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) the International Agreement sub-category in the Tier 5 (Temporary Worker) route under part 6A of the rules in force before 1 December 2020.
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鈥淚nternational Operator Licence鈥 in Appendix Visitor: Permitted Activities means:
- (a) a licence issued by the competent authority of a country other than the United Kingdom authorising an operator to undertake international carriage of goods or passengers by road in accordance with an international agreement to which the United Kingdom is a party; or
- (b) a community licence issued by a Member State of the Union in accordance with Regulation (EC) No 1072/2009 or Regulation (EC) No 1073/2009.
- 鈥淚nternational scholarship agency鈥 means鈥痑n international institution or organisation which provides funding to students studying鈥痠n the UK.鈥
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鈥淚nternational Sportsperson鈥 means a person who has, or had, permission under any of the following:
- (i) as an International Sportsperson under Appendix International Sportsperson; or
- (ii) as a T2 Sportsperson under Appendix T2 Sportsperson under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) as a sporting worker under Appendix T5 (Temporary Worker) Creative or Sporting Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iv) as a Tier 5 (Temporary Worker) migrant in the Creative and Sporting sub-category as a sporting worker under part 6A of the rules in force before 1 December 2020, and/or
- (v) as a Tier 2 (Sportsperson) Migrant under part 6A of the rules in force before 1 December 2020.
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鈥淚ntra-Company routes鈥 means any of the following:
- (a) Appendix Global Business Mobility 鈥 Senior or Specialist Worker; or
- (b) Appendix Global Business Mobility 鈥 Graduate Trainee; or
- (c) Appendix Intra-Company routes under the rules in force before 11 April 2022; or
- (d) the Tier 2 (Intra-Company Transfer) route under the rules in force before 0900 on 1 December 2020.
- 鈥泪蝉濒补苍诲蝉鈥 means any of the Channel Islands or the Isle of Man.
- 鈥淟ead applicant鈥, under Appendix KOLL, Appendix KOL UK and Appendix English Language, means the applicant on whose status, or previous status, a dependent partner or dependent child is relying as the basis of their application.
- 鈥淟egacy Endorsing body鈥 means an organisation which had previously been approved by the Home Office to endorse an individual or business in connection with an application under the Innovator or Start-up routes but is not permitted to endorse a new individual or business under the Innovator Founder route.
- 鈥淟egal guardian鈥 is a person appointed according to local laws to take care of a child.
- 鈥淟etter of authority鈥 means a written authorisation from a person that they wish to appoint or change their immigration adviser (who must be a qualified person as required by section 84 of the Immigration and Asylum Act 1999 or regulated by the Immigration Advice Authority).
- 鈥淢arriage/Civil Partnership Visitor鈥 means a person who has, or had, entry clearance under Appendix V: Visitor to marry or form a civil partnership, or give notice of marriage or civil partnership, in the UK.
- 鈥淢edia representative鈥 means a person who has, or had, permission on the Representative of an Overseas Business route having met the requirement at ROB 4.4.(b) of Appendix Representative of an Overseas Business, or as a Representative of an Overseas Business having met the requirement of paragraph 144(ii)(b) of Part 5 of the rules in force before 1 December 2020.
- 鈥淢edical inspector鈥 means a medical inspector appointed under Schedule 2 to the Immigration Act 1971.
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鈥淢ust not be leading an independent life鈥 or 鈥渋s not leading an independent life鈥 means that the person:
- (a) does not have a partner; and
- (b) is living with their parent (except where they are at boarding school, college or university as part of their full-time education).
- Where a relative other than a parent may act as the sponsor or carer of the person, references in this definition to living with their 鈥減arent鈥 shall be read as applying to that other relative.
- 鈥淣ational minimum wage鈥 means as defined in the National Minimum Wage Act 1998.
- 鈥淣ational Minimum Wage Regulations鈥 means the National Minimum Wage Regulations 2015.
- 鈥淣ational Referral Mechanism鈥 means the arrangements administered by the Competent Authorities as set out in the guidance found at: /government/publications/victims-of-trafficking-guidance-for-competent-bodies.
- 鈥淣颈别肠别鈥 in Appendix Ukraine Scheme means the female biological, adopted or step-child of the UK-based sponsor鈥檚 brother or sister.
- 鈥淣别辫丑别飞鈥 in Appendix Ukraine Scheme means the male biological, adopted or step-child of the UK-based sponsor鈥檚 brother or sister.
- 鈥淣otice of liability for removal鈥 means a notice given that a person is or will be liable for removal under section 10 of the Immigration and Asylum Act 1999, and for notices that pre-date the Immigration Act 2014 coming into force, refers to a decision to remove in accordance with section 10 of the Immigration and Asylum Act 1999, a decision to remove an illegal entrant by way of directions under paragraphs 8 to 10 of Schedule 2 to the Immigration Act 1971, or a decision to remove in accordance with section 47 of the Immigration, Asylum and Nationality Act 2006.
- 鈥淥ccupy exclusively鈥 in relation to accommodation means that part of the accommodation must be for the exclusive use of the person or family.
- 鈥淥惫别谤肠谤辞飞诲别诲鈥 means overcrowded within the meaning of the Housing Act 1985, the Housing (Scotland) Act 1987 or the Housing (Northern Ireland) Order 1988 (as appropriate).
- 鈥淥verseas Business鈥 is a business which has it main place of operation outside of the UK.
- 鈥淥verseas Domestic Worker鈥 means a person who has, or had, permission under Appendix Overseas Domestic Worker, or as a domestic worker in a private household under paragraph 159A of the rules in force before 6 May 2021.
- 鈥淥verseas Government Language Programme鈥 means an overseas Government sponsored professional language development programme under the Government Authorised Exchange Scheme where the person concerned delivers language training and participates in a cultural exchange programme that is fully or partially paid for by the overseas government or an organisation affiliated to an overseas government.
- 鈥淥verseas higher education institution鈥 means an institution which holds overseas accreditation confirmed by Ecctis as offering degree programmes which are equivalent to UK degree level qualifications, and which teaches no more than half of a degree programme in the UK as a study abroad programme.
-
鈥淥verseas service provider鈥 means a business based outside the UK with no commercial presence in the UK, that is one of the following:
- (a) a natural or legal person that has a contract to provide services to a UK business, where that UK business is on the register of licensed sponsors maintained by the Home Office; or
- (b) a natural or legal person that is subcontracted to provide services to a UK business by a natural or legal person coming within paragraph (a)
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鈥淥惫别谤蝉迟补测别诲鈥 or 鈥涣惫别谤蝉迟补测颈苍驳鈥 means the person has stayed in the UK beyond the latest of:
- (a) the time limit attached to the last permission granted; or
- (b) the period that the permission was extended under section 3C or 3D of the Immigration Act 1971.
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鈥淥wn Account鈥 in Appendix Visitor: Permitted Activities means the transport of goods by a business where the following conditions are fulfilled:
- (a) the goods carried are the property of the business or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the business; and
- (b) the purpose of the journey is to carry the goods to or from the premises of the business or to move them, either inside or outside the business for its own requirements; and
- (c) the vehicles used for such transport are driven by personnel employed by, or put at the disposal of, the business under a contractual obligation; and
- (d) the vehicles carrying the goods are owned by the business, have been bought by it on deferred terms or have been hired; and
- (e) such transport is no more than ancillary to the overall activities of the business.
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鈥淧补谤别苍迟鈥 means:
- (a) biological parent; and
- (b) legal parent, including birth mother where the child is not genetically related, spouse or civil partner of the birth mother at the time of the child鈥檚 birth, and person with a parental order under section 54, or section 54A of the Human Fertilisation and Embryology Act 2008; and
- (c) adoptive parent:
- (i) who, when habitually resident outside the UK, adopted a child in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the UK; or
- (ii) whose adopted child has been granted permission under Appendix Adoption, or Part 8 of these Rules, and, if applicable, the adoption has been formally completed in the UK.
- 鈥淧arent of a Child Student鈥 means a person who has, or had, permission under Appendix Parent of a Child Student or as a Parent of a Tier 4 (Child) Student under the rules in force before 5 October 2020.
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鈥淧补谤迟苍别谤鈥 means a person鈥檚:
- (a) spouse; or
- (b) civil partner; or
- (c) unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years.
- 鈥淧artner Institution鈥 means an institution which has a鈥痯artnership agreement with a鈥痵tudent sponsor, which has been approved by the Home Office in accordance with the requirements set out in the student sponsor guidance published on the gov.uk website.鈥疶eaching partnerships allow a student sponsor鈥檚 students to undertake study of a specified type at a partner institution鈥檚 site.鈥
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鈥淧补蝉蝉辫辞谤迟鈥 means a document which:
- (a) is issued by or on behalf of the government of any country recognised by the UK, or dealt with as a government by the UK, and which complies with international passport practice; and
- (b) shows both the identity and nationality of the holder; and
- (c) gives the holder the right to enter the country of the government which issued the document; and
- (d) is authentic and not unofficially altered or tampered with; and
- (e) is not damaged in a way that compromises the integrity of the document; and
- (f) is used by the rightful holder; and
- (g) has not expired.
- 鈥淧athway Course鈥 means a course which prepares a student for progression to another course at a specific UK recognised body or a body in receipt of public funding as a higher education institution from the Department for the Economy in Northern Ireland, the Office for Students, the Higher Education Funding Council for Wales, the Scottish Funding Council or any other provider registered with the Office for Students. It does not include a pre-sessional course.
- 鈥淧补迟颈别苍迟鈥, in Appendix S2 Healthcare Visitor, means a person who is undergoing or plans to undergo a course of planned healthcare treatment in the UK.
- 鈥淧础驰贰鈥 means HM Revenue and Customs鈥 Pay As You Earn system for collecting Income Tax and National Insurance from employee earnings.
- 鈥淧eer reviewed research fellowship or award鈥 means a specific fellowship or award which appears on the list of peer reviewed research fellowships or awards published by The Royal Society, The Royal Academy of Engineering or The British Academy.
- 鈥淧ending appeal鈥 has the same meaning as in section 104 of the Nationality, Immigration and Asylum Act 2002.
- 鈥淧eriod of imprisonment鈥 has the same meaning as in section 38(2) of the UK Borders Act 2007.
- 鈥淧ermission to enter鈥 has the same meaning as leave to enter under the Immigration Act 1971.
- 鈥淧ermission to stay鈥 has the same meaning as leave to remain under the Immigration Act 1971 (and includes a variation of leave to enter or remain and an extension of leave to enter or remain).
- And references in these rules to a person having, having had or being granted 鈥淧别谤尘颈蝉蝉颈辞苍鈥 means either permission to enter or permission to stay.
- DELETED.
- 鈥淧ostgraduate level study鈥 means a course at level 7 or above of the Regulated Qualifications Framework, or level 11 or above of the Scottish Credit and Qualifications Framework, which leads to a recognised UK postgraduate degree at master鈥檚 level or above, or an equivalent qualification at the same level.
- 鈥淧remium Sponsor鈥 means a sponsor which is recorded as holding Premium status on the register of licensed sponsors maintained by the Home Office.
- 鈥淧resent and settled鈥 means that the person concerned is settled in the UK and, at the date of application, is physically present in the UK.
- Where the person concerned is a British Citizen or settled in the UK and is:
- (a) a member of HM Forces serving overseas; or
- (b) an employee of the UK Government, a Northern Ireland department, the Scottish Administration or the Welsh Government, or a permanent member of the British Council on a tour of duty outside the UK, and the applicant has provided the evidence specified in paragraph 26A of Appendix FM-SE, then for the purposes of Appendix FM and Appendix Settlement Family Life, where the applicant is applying for settlement the person is to be regarded as present and settled in the UK, and in paragraphs R-LTRP.1.1.(a) and RILRP.1.1.(a) of Appendix FM the requirement 鈥渁nd their partner must be in the UK鈥 is to be disregarded.
- 鈥淧rimary degree鈥 means a qualification obtained from a course of degree level study, which did not feature as an entry requirement a previous qualification obtained from degree level study, for example an undergraduate degree is a primary degree, but a master鈥檚 degree that has a bachelor鈥檚 degree as an entry requirement is not a primary degree.
- 鈥淧rivate foster care arrangement鈥鈥痬eans an arrangement in which a child aged under 16, or aged under 18 if disabled, is cared for, on a full-time basis for a period of 28 days or more, by a person aged 18 or over who is not the child鈥檚 parent or a close relative.
- 鈥淧rivate medical insurance鈥 means insurance to cover treatment provided by a private health provider, or a reciprocal arrangement in place with another country by which certain nationals may receive NHS treatment.
- 鈥淧rivate medical treatment鈥 means treatment provided by a private health provider, or by the NHS where there is a reciprocal arrangement in place with another country by which certain nationals may receive NHS treatment.
- 鈥淧robationary Sponsor鈥 means a student sponsor which is recorded as having 鈥淧robationary Sponsor status鈥 on the register of licensed student sponsors maintained by the Home Office.
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鈥淧rofessional Sportsperson鈥 means a person who is one or more of the following:
- (a) currently providing services as a sportsperson, or is playing or coaching in any capacity, at a professional or semi-professional level of sport (whether paid or unpaid); or
- (b) currently receiving payment, including payment in kind, for playing or coaching, and that payment covers all, or the majority of, their costs for travelling to, and living in, the UK, or has received such payment within the previous 4 years; or
- (c) currently registered to a professional or semi-professional sports team or has been so registered within the previous 4 years (this includes all academy and development team age groups); or
- (d) has represented their nation or national team within the previous two years, including all youth and development age groups from under 17s upwards; or
- (e) has represented their state or regional team within the previous two years, including all youth and development age groups from under 17s upwards; or
- (f) has an established international reputation in their chosen field of sport; or
- (g) engages an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson, or has engaged such an agent in the last 12 months; or
- (h) is providing services as a sportsperson or coach, unless they are doing so as an 鈥淎尘补迟别耻谤鈥 in a charity event; or
- (i) is providing services as a sportsperson or coach, unless they are doing so as a Student who is studying a course at degree level or above at a higher education provider and playing or coaching sport as an Amateur or as part of a work placement that is undertaken as an integral and assessed part of their course.
- 鈥淧rohibited degree of relationship鈥 has the same meaning as in the Marriage Act 1949, the Marriage (Prohibited Degrees of Relationship) Act 1986 and the Civil Partnership Act 2004.
- 鈥淧rotection claim鈥 has the same meaning as in section 82(2)(a) of the Nationality, Immigration and Asylum Act 2002.
- 鈥淧rotection status鈥 means refugee leave, refugee permission to stay, temporary refugee permission to stay, humanitarian protection and temporary humanitarian protection.
- 鈥淧rovisional rating鈥 means a sponsor which is recorded as having a rating of 鈥淧rovisional鈥 on the register of licensed sponsors: workers on the gov.uk website at: www.gov.uk/government/publications/register-of-licensed-sponsors-workers.
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鈥淧ublic funds鈥 means:
- (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988; and
- (b) attendance allowance, severe disablement allowance, carer鈥檚 allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992; income support and housing benefit under Part VII of that Act; child benefit under Part IX of that Act; income based jobseeker鈥檚 allowance under the Jobseekers Act 1995; income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance); state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002; and
- (c) a Social Fund maternity expenses payment made under section 138(1)(a) of the Social Security Contributions and Benefits Act 1992; a Social Fund funeral expenses payment made under section 138(1)(a) of that Act; a Social Fund cold weather payment made under section 138(2) of that Act; a Social Fund winter fuel payment made under section 138(2) of that Act; a Social Fund budgeting loan payment made under section 138(1) of that Act; and
- (d) attendance allowance, severe disablement allowance, carer鈥檚 allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992; income support and housing benefit under Part VII of that Act; child benefit under Part IX of that Act; income based jobseeker鈥檚 allowance under the Jobseekers (Northern Ireland) Order 1995 or income related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007; and
- (e) a Social Fund sure start maternity grant payment made under section 134(1)(a) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; a Social Fund funeral expenses payment made under section 134(1)(a) of that Act; a Social Fund cold weather payment made under section 134(2) of that Act; a Social Fund winter fuel payment made under section 134 (2) of that Act; a Social Fund budgeting loan payment made under section 134 (1)(b) of that Act; and
- (f) Universal Credit under Part 1 of the Welfare Reform Act 2012 or Personal Independence Payment under Part 4 of that Act; and
- (g) Universal Credit, Personal Independence Payment or any domestic rate relief under the Welfare Reform (Northern Ireland) Order 2015; and
- (h) a council tax reduction under a council tax reduction scheme made under section 13A of the Local Government Finance Act 1992 (in relation to England or Wales) or a council tax reduction pursuant to the Council Tax Reduction (Scotland) Regulations 2012 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012; and
- (i) a payment made from a welfare fund under the Welfare Funds (Scotland) Act 2015; and
- (j) a discretionary support payment made in accordance with any regulations made under article 135 of the Welfare Reform (Northern Ireland) Order 2015; and
- (k) a discretionary payment made by a local authority under section 1 of the Localism Act 2011, not including any payment made under the Energy Rebate Scheme 2022; and
- (l) a Child Disability Payment made under the Disability Assistance for Children and Young People (Scotland) Regulations 2021; and
- (m) an Adult Disability Payment made under the Disability Assistance for Working Age People (Scotland) Regulations 2022; and
- (n) a Carer鈥檚 Allowance Supplement made under Section 81 of the Social Security (Scotland) Act 2018; and
- (o) a Scottish Child Payment made under the Scottish Child Payment Regulations 2020; and
- (p) a Funeral Support Payment made under the Funeral Expense Assistance (Scotland) Regulations 2019; and
- (q) a Job Start Payment made under section 2 of the Employment and Training Act 1973; and
- (r) Child Winter Heating Assistance made under the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020; and
- (s) a Winter Heating Payment made under the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023; and
- (t) a Carer Support Payment made under the Carer鈥檚 Assistance (Carer Support Payment) (Scotland) Regulations 2023; and
- (u) a Pension Age Disability Payment made under the Disability Assistance for Older People (Scotland) Regulations 2024; and
- (v) a Pension Age Winter Heating Payment made under the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024; and
- (w) a Scottish Adult Disability Living Allowance made under the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.
- For the purpose of these rules,
- (i) a person (P) is not to be regarded as having (or potentially having) recourse to public funds merely because P is (or will be) reliant in whole or in part on public funds provided to P鈥檚 family sponsor unless, as a result of P鈥檚 presence in the UK, the family sponsor is (or would be) entitled to increased or additional public funds (save where such entitlement to increased or additional public funds is by virtue of P and the family sponsor鈥檚 joint entitlement to benefits under the regulations referred to in subparagraph (ii) below; and
- (ii) subject to subparagraph (iii) below, a person (P) shall not be regarded as having recourse to public funds if P is entitled to benefits specified under section 115 of the Immigration and Asylum Act 1999 by virtue of regulations made under sub-sections (3) and (4) of that section or section 42 of the Tax Credits Act 2002; and
- (iii) a person (P) making an application from outside the UK will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P鈥檚 family sponsor as a result of P鈥檚 presence in the UK (including those benefits to which P or the family sponsor would be entitled as a result of P鈥檚 presence in the UK under the regulations referred to in subparagraph (ii) above).
- 鈥淩ecreational Course鈥 means a course undertaken purely for leisure purposes, other than English Language training, that does not lead to a formal qualification, for example, a leisure course in pottery or horse riding.
- 鈥凌别蹿耻驳别别鈥 has the same meaning as in Article 1 of the 1951 Refugee Convention.
- 鈥淩efugee Convention鈥 means the 1951 United Nations Convention and its 1967 Protocol relating to the Status of Refugees.
- 鈥淩efugee leave鈥 means the leave to remain granted to an individual with refugee status, who sought to register an asylum claim before 28 June 2022.
- 鈥淩efugee permission to stay鈥 means permission to stay granted to an individual with refugee status under paragraph 339QA(i) of these rules which has not been revoked under paragraph 339QD.
- 鈥淩efugee status鈥 means status granted under paragraph 334 of these rules which has not been revoked under paragraphs 339A to 339B.
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鈥淩elevant NHS body鈥 in Part 9, and in paragraphs S-EC.2.3., S-LTR.2.3. and S-ILR.2.3. of Appendix FM, means:
- (a) in relation to England-
- (i) a National Health Service Trust established under section 25 of the National Health Service Act 2006; or
- (ii) a National Health Service foundation trust; and
- (b) in relation to Wales-
- (i) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; or
- (ii) a National Health Service Trust established under section 18 of the National Health Service (Wales) Act 2006; or
- (iii) a Special Health Authority established under 22 of the National Health Service (Wales) Act 2006; and
- (c) in relation to Scotland-
- (i) a Health Board or Special Health Board established under section 2 of the National Health Service (Scotland) Act 1978 (c. 29); or
- (ii) the Common Services Agency for the Scottish Health Service established under section 10 of that Act; or
- (iii) Healthcare Improvement Scotland established under section 10A of that Act; and
- (d) in relation to Northern Ireland-
- (i) the Regional Health and Social Care Board established under the Health and Social Care (Reform) Act (Northern Ireland) 2009; or
- (ii) a Health and Social Care trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)) and renamed under the Health and Social Care (Reform) Act (Northern Ireland) 2009.
- (a) in relation to England-
-
鈥淩elevant NHS regulations鈥 means:
- (a)in Wales, the National Health Service (Charges to Overseas Visitors) Regulations 1989 (1989 No 306); and
- (b) in Scotland, the National Health Service (Charges to Overseas Visitors) (Scotland) Regulations 1989 as amended (1989 No 364); and
- (c) in Northern Ireland, the Provision of Health Services to Persons Not Ordinarily Resident Regulations (Northern Ireland) 2015 (2015 No 227); and
- (d) in England, the National Health Service (Charges to Overseas Visitors) Regulations 2015 (2015 No 238).
-
鈥淩eligious Worker鈥 means a person who has, or had, permission under any of the following:
- (i) Appendix Temporary Work 鈥 Religious Worker; or
- (ii) Appendix T5 (Temporary Worker) Religious Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) as a Tier 5 (Temporary Worker) migrant in the Religious Worker sub-category under part 6A of the rules in force before 1 December 2020.
- 鈥淩epresentative of an Overseas Business鈥 means a person who has, or had, permission as a Representative of an Overseas Business under Appendix Representative of an Overseas Business or as a Representative of an Overseas Business under Part 5 of the rules in force before 1 December 2020.
- 鈥淩esearch-based higher degree鈥 means a postgraduate programme comprising a research component (including a requirement to produce original work) that is larger than any accompanying taught component when measured by student effort.
- 鈥淩esearch Programme鈥 means research programmes and fellowships under a Government Authorised Exchange Scheme where the person is working on a scientific, academic, medical, or government research project at either a UK higher education institution or another research institution operating under the authority and/or financial sponsorship of a relevant Government Department.
- 鈥淩ough sleeping鈥 means sleeping, or bedding down, in the open air (for example on the street or in doorways) or in buildings or other places not designed for habitation (for example sheds, car parks or stations).
- 鈥淪2 certificate of entitlement to scheduled treatment鈥 has the same meaning as a portable document S2 issued under Regulation (EC) No 883/2004.
- 鈥淪2 Healthcare Visitor鈥 means a patient (P) or an accompanying person (AP) who meets the requirements of Appendix S2 Healthcare Visitor.
- 鈥淪cale-up route鈥 means the route under Appendix Scale-up.
- 鈥淪cale-up Worker鈥 means a person who has, or had, permission as Scale-up Worker under Appendix Scale-up.
- 鈥沦别补蹿补谤别谤鈥 has the same meaning as 鈥渟eafarer鈥 in Regulation 2 of The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014.
- 鈥淪easonal work鈥 is work which fluctuates or is restricted according to the season or time of the year.
-
鈥淪easonal Worker鈥 means a person who has, or had, permission under any of the following:
- (i) Appendix Temporary Work 鈥 Seasonal Worker; or
- (ii) Appendix T5 (Temporary Worker) Seasonal Worker under the rules in force between 1 December 2020 and 10 October 2021 (inclusive); or
- (iii) as a Tier 5 (Temporary Worker) migrant in the Seasonal Worker sub-category under part 6A of the rules in force before 1 December 2020.
- 鈥淪eeking entry鈥 refers to a person applying for entry clearance or permission to enter the UK.
- 鈥沦别濒蹿-别尘辫濒辞测别诲鈥 means a person who is registered as self-employed with HM Revenue & Customs, or an overseas equivalent, or is employed by a company of which the person is a controlling shareholder.
- 鈥淪elf-employed Lawyer鈥 means a person granted permission outside the rules under the concession for self-employed lawyers that formerly appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions.
- 鈥淪econdment Worker鈥 means a person who has, or last had, permission as a Secondment Worker under Appendix Global Business Mobility 鈥 Secondment Worker.
-
鈥淪enior or Specialist Worker鈥 means a person who has, or last had, permission under any of the following routes:
- (a) Appendix Global Business Mobility 鈥 Senior or Specialist Worker; or
- (b) the Intra-Company Transfer route under the rules in force before 11 April 2022; or
- (c) as a Tier 2 (Intra-Company Transfer) migrant in the Long-Term Staff sub-category under the rules in force before 0900 on 1 December 2020.
- 鈥淪eries of events鈥 in relation to sport is two or more linked events, such as a tour, or rounds of a competition, which do not add up to a league or a season.
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鈥淪ervice Supplier鈥 means a person who has, or last had, permission under Appendix Global Business Mobility 鈥 Service Suppliers, or as a contractual service supplier or independent professional under any of the following routes:
- (a) Appendix Temporary Work 鈥 International Agreement under the rules in force before 11 April 2022; or
- (b) Appendix T5 (Temporary Worker) International Agreement Worker under the rules in force between 0900 1 December 2020 and 10 October 2021 (inclusive); or
- (c) the International Agreement sub-category in the Tier 5 (Temporary Worker) route under part 6A of the rules in force before 0900 on 1 December 2020.
- 鈥沦别迟迟濒别诲鈥 has the same meaning as in section 33(1) of the Immigration Act 1971.
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鈥淪ettled worker鈥 means:
- (a) a British citizen; or
- (b) a person who is resident in the UK in accordance with the EEA Regulations or who holds a permanent right of residence in the UK in accordance with regulation 15 of the EEA Regulations; or
- (c) a person with leave to remain or indefinite leave to remain granted under Appendix EU; or
- (d) a British Overseas Territories citizen, except those from the Sovereign Base Areas in Cyprus; or
- (e) a Commonwealth citizen who has been granted permission on the UK Ancestry route on the basis that they have a grandparent born in the UK and Islands; or
- (f) a person who is otherwise settled within the meaning of section 33(2A) of the Immigration Act 1971.
- 鈥沦别迟迟濒别尘别苍迟鈥 means indefinite leave to enter or remain.
- 鈥淪ham marriage鈥 and 鈥渟ham civil partnership鈥 has the same meaning as in section 62 of the Immigration Act 2014 and 鈥渋nvolvement in a sham marriage or sham civil partnership鈥 means a person who is a party to a sham marriage or sham civil partnership, or who has enabled the marriage or civil partnership to take place.
- 鈥淪hort-term Student鈥 means a person who has, or had, permission under Appendix Short Term Student, or paragraph A57E of the rules in force before 1 December 2020.
- 鈥沦颈产濒颈苍驳鈥 in Appendix Ukraine Scheme means the UK-based sponsor or their partner鈥檚 biological, adopted or step-brothers and step-sisters.
- 鈥淪killed Worker鈥 means a person who has, or had, permission as a Skilled Worker under Appendix Skilled Worker, or as a Tier 2 (General) migrant under the rules in force before 1 December 2020.
- 鈥淪OC 2010 occupation code鈥 means the relevant 4-digit code in the Standard Occupational Classification (SOC) 2010 system, published by the Office for National Statistics at:
- 鈥淪OC 2020 occupation code鈥 means the relevant 4-digit code in the Standard Occupational Classification (SOC) 2020 system, published by the Office for National Statistics at:
- 鈥淪ole Representative鈥 means a person who has, or had, permission on the Representative of an Overseas Business route having met the requirement at ROB 4.4.(a) of Appendix Representative of an Overseas Business, or as a Representative of an Overseas Business having met the requirement of paragraph 144(ii)(a) of Part 5 of the rules in force before 1 December 2020.
- 鈥沦辫辞苍蝉辞谤鈥 and 鈥渇amily sponsor鈥, in relation to a family member, means the person in relation to whom an applicant is seeking leave to enter or remain as their spouse, fianc茅(e), civil partner, proposed civil partner, unmarried partner, same-sex partner or dependent relative, as the case may be, under paragraphs 277 to 295O or 317 to 319 or the person in relation to whom an applicant is seeking entry clearance or leave as their partner or dependent relative under Appendix FM.
- 鈥沦辫辞苍蝉辞谤鈥, in relation to study or work, means the person or organisation licensed by the Home Office that the Certificate of Sponsorship or Confirmation of Acceptance for Studies records as being the sponsor for a person.
- 鈥淪ponsor group鈥, under the Global Business Mobility routes, means the sponsor and any business or organisation that is linked to the sponsor by common ownership or control, or by a joint venture on which the applicant is sponsored to work.
- 鈥淪ponsor group鈥, under Appendix Intra-Company routes, means the sponsor and any business or organisation that is linked to the sponsor by common ownership or control, or by a joint venture on which the applicant is sponsored to work.
- 鈥淪ponsor licence鈥 means a licence granted by the Home Office to a person who, by virtue of such a grant, is licensed as a sponsor in relation to applications to study or work in the UK.
- 鈥淪tandard Visitor鈥 means a person who has, or had, permission under Appendix V: Visitor to undertake the activities of a standard visitor set out in Appendix Visitor: Permitted Activities.
- 鈥淪tart-up route鈥 means Appendix Start-up, and also includes a person who has, or had, permission as a Start-Up migrant under Appendix W of the rules in force before 1 December 2020.
-
鈥淪tate-funded school or academy鈥 means:
- (a) in England, an 鈥淎cademy鈥 as defined by and established under the Academies Act 2010, including academy schools, 16-19 academies and alternative provision academies; and
- (b) in England and Wales, a 鈥渟chool maintained by a local authority鈥 being an institution defined in the School Standards and Framework Act 1998 or the Education Act 1996, including community schools, foundation schools, voluntary aided schools, voluntary controlled schools, community special schools, foundation special schools, pupil referral units and maintained nursery schools; and
- (c) in Northern Ireland, a 鈥済rant-aided school鈥 being a school to which grants are paid under the Education Orders as defined in the Education and Libraries (Northern Ireland) Order 1986, including controlled, maintained, grant-maintained integrated schools and voluntary grammar schools; and
- (d) in Scotland, a 鈥減ublic school鈥 and a 鈥済rant-aided school鈥, defined in section 135 of the Education (Scotland) Act 1980 (for the avoidance of doubt, these definitions include any such nursery schools and special schools) and 鈥淪pecial school鈥 has the meaning given in section 29(1) of the Education (Additional Support for Learning) (Scotland) Act 2004.
- 鈥沦迟耻诲别苍迟鈥 means a person who has, or had, permission under Appendix Student, or Appendix ST: Student of the rules in force immediately before 1 December 2020, or as a Tier 4 (General) Student under the rules in force before 5 October 2020.
- 鈥淪tudent sponsor鈥 means a sponsor which listed on the register of licensed sponsors maintained by the Home Office:
- /government/publications/register-of-licensed-sponsors-students.
- 鈥淪tudent Union Sabbatical Officer鈥 means a person who has, or had, permission under Appendix Student, Appendix ST: Student of the rules in force immediately before 1 December 2020, or under paragraph 245ZV or paragraph 245ZX of the rules in force before 5 October 2020, and has been elected to a full-time, salaried, executive union position in the student union of the person鈥檚 sponsor institution or with the National Union of Students of the UK.
- 鈥淪tudying in London鈥 means the applicant鈥檚 Confirmation of Acceptance for Studies confirms they will be studying at an institution wholly within the Greater London Area. If the applicant will be studying at more than one site, one or more of which is in Greater London Area and one or more outside, then the applicant will be considered to be studying in London if the applicant鈥檚 Confirmation of Acceptance for Studies states that the applicant will be spending the majority of time studying at a site or sites situated within the Greater London Area.
- 鈥淪tudying outside London鈥 means the applicant鈥檚 Confirmation of Acceptance for Studies confirms they will be studying in the UK but the site of study does not meet the definition of Studying in London.
-
鈥淪uccessfully completed鈥 means the Student or Child Student has completed their course and been assessed by their sponsor, and has been or will be awarded, a qualification that is:
- (a) for the course of study for which their Confirmation of Acceptance for Studies was assigned; or
- (b) a degree at either UK Bachelor鈥檚 degree level or UK postgraduate degree level, as part of an integrated programme for which their Confirmation of Acceptance for Studies was assigned; or
- (c) for the course of study with their student sponsor to which they were allowed to change without applying for further permission on the Student route.
-
鈥淪upplementary employment鈥 means employment in a job (other than the job for which the person is being sponsored) which either:
- (a) appears in Appendix Immigration Salary List; or
- (b) is in the same profession and at the same professional level as the job for which the person is being sponsored; or
- (c) if the person has permission as a Skilled Worker, is in an eligible SOC 2020 occupation code listed in Tables 1, 2 or 3 of Appendix Skilled Occupations;
- provided in all cases that:
- (i) the person remains working for the sponsor in the job for which the Certificate of Sponsorship records the person is being sponsored (except where the other employment takes place during the 4-month period referred to in SW 18.1A of Appendix Skilled Worker, where that provision applies); and
- (ii) the other employment does not exceed 20 hours per week and takes place outside of the hours when the person is contracted to work for the sponsor in the job for which the person is being sponsored.
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鈥淪wiss citizens鈥 rights agreement鈥 means (as modified from time to time in accordance with any provision of it) the Agreement signed at Bern on 25 February 2019 between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation on citizens鈥 rights following the withdrawal of the United Kingdom from:
- (a) the European Union; and
- (b) the Agreement on the Free Movement of Persons.
- 鈥淭emporary refugee permission to stay鈥 means permission to stay granted to an individual with refugee status under paragraph 339QA(ii) of these rules which has not been revoked under paragraph 339QD.
- 鈥淭emporary humanitarian permission to stay鈥 means permission to stay granted to an individual with humanitarian protection under paragraph 339QB of these rules which has not been revoked under paragraph 339QD.
- 鈥淭ier 1 (Entrepreneur) Migrant鈥 means a person who has, or had leave under paragraphs 245D to 245DF.
- 鈥淭ier 1 (Exceptional Talent) Migrant鈥 means a person who was granted leave under paragraphs 245B to 245BF of the rules in force before 1 December 2020.
- 鈥淭ier 1 (General) Migrant鈥 means a person who was granted leave under paragraphs 245C to 245CE of the rules in force before 6 April 2018.
- 鈥淭ier 1 (Graduate Entrepreneur) Migrant鈥 means a person who was granted leave under paragraphs 245F to 245FB of the rules in force on or after 6 April 2012 and before 29 March 2019.
- 鈥淭ier 1 (Investor) Migrant鈥 means a person who has, or had, leave under paragraphs 245E to 245EF.
- 鈥淭ier 2 (General) Migrant鈥 means a person granted leave under paragraphs 245H to 245HF and who obtained points under paragraphs 76 to 84A of Appendix A of the rules in force before 1 December 2020.
- 鈥淭ier 2 (Intra-Company Transfer) Migrant鈥 means a person granted leave under paragraphs 245G to 245GF of the rules in force before 1 December 2020.
- 鈥淭ier 2 Migrant鈥 means a person granted leave as a Tier 2 (Intra-Company Transfer) Migrant, a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant under the rules in force before 1 December 2020.
- 鈥淭ier 2 (Minister of Religion) Migrant鈥 means a person granted leave under the Tier 2 Minister of Religion route as a missionary or a member of a religious order under paragraphs 245H to 245HF of the rules in force before 1 December 2020.
- 鈥淭2 Minister of Religion鈥 means a person who has, or had, permission as a Tier2 Minister of Religion under Appendix T2 Minister of Religion, or as a Tier 2 (Minister of Religion) migrant under the rules in force before 1 December 2020.
- 鈥淭ier 2 (Sportsperson) Migrant鈥 means a person granted leave under paragraphs 245H to 245HF (and who obtained points under paragraphs 93 to 100 of Appendix A) of the rules in force before 1 December 2020.
- 鈥淭ier 4 (Child) Student鈥 means a person granted leave under paragraphs 245ZZ to 245ZZD of the rules in force before 5 October 2020.
- 鈥淭ier 4 (General) Student鈥 means a person granted leave under paragraphs 245ZT to 245ZY of the rules in force before 5 October 2020.
- 鈥淭ier 4 Migrant鈥 means a Tier 4 (General) Student or a Tier 4 (Child) Student.
- 鈥淭ier 5 Migrant鈥 means a person granted leave as either a Tier 5 (Temporary Worker) Migrant or a Tier 5 (Youth Mobility Scheme) Temporary Migrant under the rules in force before 1 December 2020.
- 鈥淭emporary Worker鈥 means a person who has, or had, permission as a Charity Worker, Creative Worker, Religious Worker, Seasonal Worker, on the International Agreement route, Youth Mobility Scheme or Government Authorised Exchange route.
- 鈥淭ier 5 (Temporary Worker) Migrant鈥 means a person granted leave under paragraphs 245ZM to 245ZS of the rules in force before 1 December 2020.
- 鈥淭rack record of compliance鈥 means a 4-year track record of immigration compliance and Educational Oversight, established by a student sponsor in accordance with the requirements set out in the student sponsor guidance which is published on the visa and immigration pages of the gov.uk website.
- 鈥淭raining Programme鈥 means a training programme under a Government Authorised Exchange Scheme where the person concerned either receives formal, practical training in the fields of science and / or medicine or will be trained by HM Forces or by UK emergency services.
- 鈥淭ransit Visitor鈥 means a person who has, or had, permission under Appendix V: Visitor, or Appendix Visitor: Transit Without Visa Scheme, to transit the UK on route to another country outside the Common Travel Area.
- 鈥淯碍鈥 means the United Kingdom.
- 鈥淯K Ancestry route鈥 means the route in Appendix UK Ancestry, or paragraphs 186 to 199B in Part 5 of the Rules in force before 1 December 2020, and 鈥減erson with UK Ancestry鈥 means a person applying for, or granted, permission on the basis that they have a grandparent born in the UK and Islands and meet the requirements in Appendix UK Ancestry, or under paragraphs 186 to 193 in Part 5 of the Rules in force before 1 December 2020.
-
鈥淯K bachelor鈥檚 degree鈥 means:
- (a) a programme of study or research which leads to the award by or on behalf of a university, college or other body which is authorised by Royal Charter, an Act of Parliament, the Privy Council or the Office for Students to grant degrees, of a qualification designated by the awarding institution to be of bachelor鈥檚 degree level; or
- (b) a programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of bachelor鈥檚 degree level.
- 鈥淯K Border鈥 means immigration control at a UK port and a control zone in France or Belgium or a supplementary control zone in France as defined by Article 2(1) and Schedule 1 to the Channel Tunnel (International Arrangements) Order 1993 (SI 1993/1813) and Article 2 of the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (SI 2003/2818).
- 鈥淯K Expansion Worker鈥 means a person who has, or last had, permission as a UK Expansion Worker under Appendix Global Business Mobility 鈥 UK Expansion Worker.
- 鈥淯K listed body鈥 is an institution which is not a UK recognised body but which provides full courses that lead to the award of a degree by a UK recognised body.
-
鈥淯K postgraduate degree鈥 means:
- (a) a programme of study or research which leads to an award, by or on behalf of a university, college or another body which is authorised by a Royal Charter, an Act of Parliament, the Privy Council or the Office for Students to grant degrees, of a qualification designated by the awarding institution to be of master鈥檚 degree level or above; or
- (b) a programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of master鈥檚 degree level or above.
- 鈥(Appendix) Ukraine Scheme permission鈥 means permission granted under Appendix Ukraine Scheme, including closed routes previously provided under that Appendix.
- 鈥淯K recognised body鈥 means a higher learning institution that has been granted degree awarding powers by Royal Charter, an Act of Parliament, the Privy Council or the Office for Students, and for the purposes of these rules, Health Education South London and Health Education England are equivalent to UK recognised bodies, as set out at: /check-a-university-is-officially-recognised.
- 鈥淯K Regulated Profession鈥 means a profession regulated by UK law which is listed at: .
- 鈥淯碍搁滨鈥 means UK Research and Innovation.
- 鈥淯苍肠濒别鈥 in Appendix Ukraine Scheme, means the brother, or step- brother, of either of the UK-based sponsor鈥檚 parents, or the male partner of the UK-based sponsor鈥檚 uncle or aunt.
- 鈥淯nited Kingdom passport鈥 has the same meaning as in the Immigration Act 1971.
-
鈥淯nmarried partner鈥, under Appendix ECAA Extension of Stay or Appendix ECAA Settlement, means a person who is:
- (a) resident with the ECAA worker or ECAA business person unless applying for entry clearance; and
- (b) intends to live, or continue living, with the ECAA worker or ECAA business person; and
- (c) is in a relationship with the ECAA worker or ECAA business person that is genuine and subsisting.
- 鈥淰alid application鈥 means an application made in accordance with the requirements of Part 1, or the validity requirements of the route in question, whichever is applicable.
- 鈥淰isa nationals鈥 means persons specified in Appendix Visitor: Visa National list as needing an entry clearance (a visa), in advance of travel to the UK for any purpose and 鈥淣on-visa nationals鈥 are persons who are not so specified in that Appendix and are required to obtain entry clearance in advance of travel for any purpose other than as a visitor for less than 6 months.
- 鈥淰颈蝉颈迟辞谤鈥 means a person granted permission under paragraphs 40-56Z, 75A-M or 82-87 of the rules in force before 24 April 2015 or Appendix V on or after 24 April 2015 or Appendix V: Visitor after 9am on 1 December 2020.
- 鈥淰oluntary fieldwork鈥 means activities which would not normally be offered at a waged or salaried rate and which contribute directly to the achievement or advancement of the sponsor鈥檚 charitable purpose. It does not include work ancillary to the sponsor鈥檚 charitable purpose including, for example, routine back office administrative roles, retail or other sales roles, fund-raising roles and roles involved in the maintenance of the sponsor鈥檚 offices and other assets.
- 鈥淰oluntary work鈥 has the same meaning as applies to a voluntary worker in the National Minimum Wage Act 1998.
- 鈥淲别别办鈥 means a period of 7 days beginning with a Monday.
- 鈥淲et Lease Agreement鈥 has the same meaning as 鈥榳et lease agreement鈥 in Regulation (EC) No 1008/2008 of the European Parliament and of the Council.
- 鈥淲ithdrawal Agreement鈥 means the agreement between the United Kingdom and the EU under Article 50(2) of the Treaty on European Union which sets out the arrangements for the United Kingdom鈥檚 withdrawal from the EU (as that agreement is modified from time to time in accordance with any provision of it).
- 鈥淲辞谤办鈥 has the same meaning as 鈥淓尘辫濒辞测尘别苍迟鈥, except that work does not include being party to an employment contract but not working.
- 鈥淲ork Experience Programme鈥 means work experience including volunteering and job-shadowing, internships and work exchange programmes under a Government Authorised Exchange Scheme.
- 鈥淲ork placement鈥 means a placement that forms an integral and assessed part of the course of study which meets the requirements in Appendix Student or Appendix Child Student.
- 鈥淲orking day鈥 means a business day in the part of the UK in which the applicant resides or (as the case may be) is detained.
- 鈥淲orking illegally鈥 means working in breach of a condition of leave or working in the UK without valid leave where such leave is required.
- 鈥淲orking Time Regulations鈥 means the Working Time Regulations 1998.
-
鈥淵outh Mobility Scheme鈥 means any of the following:
- (i) Appendix Youth Mobility Scheme; or
- (ii) the route in Appendix T5 (Temporary Worker) Youth Mobility Scheme, under the rules in force between 1 December 2020 and 10 October 2021(inclusive); or
- (iii) the Tier 5 (Youth Mobility Scheme) route under part 6A of the rules in force before 1 December 2020; or
- (iv) the Working Holidaymaker route under Part 4 of the rules in force before 1 November 2008.