Part 4 - Persons seeking to enter or remain in the United Kingdom in an "au pair" placement, as a working holidaymaker or for training or work experience
"Au pair" placements
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Working holidaymakers
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Requirements for an extension of stay as a working holidaymaker
98. DELETED
Extension of stay as a working holidaymaker
99. DELETED
Refusal of extension of stay as a working holidaymaker
100. DELETED
Children of working holidaymakers
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Seasonal agricultural workers
Requirements for leave to enter as a seasonal agricultural worker
104. The requirements to be met by a person seeking leave to enter the United Kingdom as a seasonal agricultural worker are that he:
(i) is a student in full time education aged 18 or over; and
(ii) holds an immigration employment document in the form of a valid Home Office work card issued by the operator of a scheme approved by the Secretary of State; and
(iii) intends to leave the United Kingdom at the end of his period of leave as a seasonal worker; and
(iv) does not intend to take employment except as permitted by his work card and within the terms of this paragraph; and
(v) is not seeking leave to enter on a date less than 3 months from the date on which an earlier period of leave to enter or remain granted to him in this capacity expired; and
(vi) is able to maintain and accommodate himself without recourse to public funds.
Leave to enter as a seasonal agricultural worker
105. A person seeking leave to enter the United Kingdom as a seasonal agricultural worker may be admitted with a condition restricting his freedom to take employment for a period not exceeding 6 months providing the Immigration Officer is satisfied that each of the requirements of paragraph 104 is met.
Refusal of leave to enter as a seasonal agricultural worker
106. Leave to enter the United Kingdom as a seasonal agricultural worker is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 104 is met.
Requirements for extension of stay as a seasonal agricultural worker
107. The requirements for an extension of stay as a seasonal agricultural worker are that the applicant:
(i) entered the United Kingdom as a seasonal agricultural worker under paragraph 105; and
(ii) meets the requirements of paragraph 104 (iii)-(vi); and
(iii) would not, as a result of an extension of stay sought, remain in the United Kingdom as a seasonal agricultural worker beyond 6 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity.
Extension of stay as a seasonal agricultural worker
108. An extension of stay as a seasonal agricultural worker may be granted with a condition restricting his freedom to take employment for a period which does not extend beyond 6 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity, provided the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 107.
Refusal of extension of stay as a seasonal worker
109. An extension of stay as a seasonal worker is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 107 is met.
Requirements for leave to enter as a teacher or language assistant under an approved exchange scheme
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Home Office approved training or work experience
Requirements for leave to enter for Home Office approved training or work experience
Spouses of persons with limited leave to enter or remain under paragraphs 110-121
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Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
122. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 are that:
(i) the applicant is married or the civil partner of to a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partners during the applicant's stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse; and
(vi) if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
123. A person seeking leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 110-121 provided that, in relation to an application for leave to enter, he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity and he is able to satisfy the Secretary of State that each of the requirements of paragraph 122 (i)-(v) is met.
Refusal of leave to enter or remain as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
124. Leave to enter or remain in the United Kingdom as the spouse of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 122 (i)-(v) is met.
Children of persons admitted or allowed to remain under paragraphs 110 121
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
125. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 are that:
(i) he is the child of a parent who has limited leave to enter or remain in the United Kingdom under paragraphs 110-121; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) he can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
126. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain under paragraphs 110-121 provided that, in relation to an application for leave to enter, he is able, on arrival, to produce to the Immigration Officer a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 125 (i)-(vi) is met.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121
127. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 110-121 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival, or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 125 (i)-(vi) is met.