Part 7 - Other Categories
Requirements for leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
246. The requirements to be met by a person seeking leave to enter the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident in the United Kingdom; and
(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; and
(iv) the applicant intends to take an active role in the child's upbringing; and
(v) the child is under the age of 18; and
(vi) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(vii) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
(viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
247. Leave to enter as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided that a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of leave to enter the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248. Leave to enter as a person exercising rights of access to a child resident in the United Kingdom is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248A. The requirements to be met by a person seeking leave to remain in the United Kingdom to exercise access rights to a child resident in the United Kingdom are that:
(i) the applicant is the parent of a child who is resident in the United Kingdom; and
(ii) the parent or carer with whom the child permanently resides is resident in the United Kingdom; and
(iii) the applicant produces evidence that he has access rights to the child in the form of:
(a) a Residence Order or a Contact Order granted by a Court in the United Kingdom; or
(b) a certificate issued by a district judge confirming the applicant's intention to maintain contact with the child; or
(c) a statement from the child's other parent (or, if contact is supervised, from the supervisor) that the applicant is maintaining contact with the child; and
(iv) the applicant takes and intends to continue to take an active role in the child's upbringing; and
(v) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
(vi) the child is under the age of 18; and
(vii) the applicant has limited leave to remain in the United Kingdom as the spouse, civil partner, unmarried partner or same-sex partner of a person present and settled in the United Kingdom who is the other parent of the child; and
(viii) the applicant has not remained in breach of the immigration laws; and
(ix) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(x) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds.
Leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248B. Leave to remain as a person exercising access rights to a child resident in the United Kingdom may be granted for 12 months in the first instance, provided the Secretary of State is satisfied that each of the requirements of paragraph 248A is met.
Refusal of leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248C. Leave to remain as a person exercising rights of access to a child resident in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248A is met.
Indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248D. The requirements for indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom are that:
(i) the applicant was admitted to the United Kingdom or granted leave to remain in the United Kingdom for a period of 12 months as a person exercising rights of access to a child and has completed a period of 12 months as a person exercising rights of access to a child; and
(ii) the applicant takes and intends to continue to take an active role in the child's upbringing; and
(iii) the child visits or stays with the applicant on a frequent and regular basis and the applicant intends this to continue; and
(iv) there will be adequate accommodation for the applicant and any dependants without recourse to public funds in accommodation which the applicant owns or occupies exclusively; and
(v) the applicant will be able to maintain himself and any dependants adequately without recourse to public funds; and
(vi) the child is under 18 years of age; and
(vi) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain as a person exercising rights of access to a child resident in the United Kingdom
248E. Indefinite leave to remain as a person exercising rights of access to a child may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 248D is met.
Refusal of indefinite leave to remain in the United Kingdom as a person exercising rights of access to a child resident in the United Kingdom
248F. Indefinite leave to remain as a person exercising rights of access to a child is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 248D is met.
Holders of special vouchers
Requirements for indefinite leave to enter as the holder of a special voucher
249. DELETED
Indefinite leave to enter as the holder of a special voucher
250. DELETED
Refusal of indefinite leave to enter as the holder of a special voucher
251. DELETED
Requirements for indefinite leave to enter as the spouse or child of a special voucher holder
252. DELETED
Indefinite leave to enter as the spouse or child of a special voucher holder
253. DELETED
Refusal of indefinite leave to enter as the spouse or child of a special voucher holder
254. DELETED
EEA Nationals and their families
Settlement
255. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.
255A. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.
255B. DELETED. But this is subject to the transitional provision in paragraph 5 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 255.
256. DELETED
257. DELETED
257A. DELETED. But this is subject to the transitional provision in paragraph 8 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 257A.
257B. DELETED. But this is subject to the transitional provision in paragraph 8 continues to apply for the purpose of determining an application made before 30 April 2006 for an endorsement under paragraph 257B.
Requirements for leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child
257C. The requirements to be met by a person seeking leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child are that the applicant:
(i) is:
(a) the primary carer; or
(b) the parent; or
(c) the sibling,
of an EEA national under the age of 18 who has a right of residence in the United Kingdom under the 2006 EEA Regulations as a self-sufficient person; and
(ii) is living with the EEA national or is seeking entry to the United Kingdom in order to live with the EEA national; and
(iii) in the case of a sibling of the EEA national:
(a) is under the age of 18 or has current leave to enter or remain in this capacity; and
(b) is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) can, and will, be maintained and accommodated without taking employment or having recourse to public funds; and
(v) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
In this paragraph, "sibling", includes a half-brother or half-sister and a stepbrother or stepsister.
Leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child
257D. Leave to enter or remain in the United Kingdom as the primary carer or relative of an EEA national self-sufficient child may be granted for a period not exceeding five years or the remaining period of validity of any residence permit held by the EEA national under the 2006 EEA Regulations, whichever is the shorter, provided that, in the case of an application for leave to enter, the applicant is able to produce to the Immigration Officer, on arrival a valid entry clearance for entry in this capacity or, in the case of an application for leave to remain, the applicant is able to satisfy the Secretary of State that each of the requirements of paragraph 257C (i) to (iv) is met. Leave to enter or remain is to be subject to a condition prohibiting employment and recourse to public funds.
Refusal of leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child
257E. Leave to enter or remain in the United Kingdom as the primary carer or relative of an EEA national self-sufficient child is to be refused if, in the case of an application for leave to enter, the applicant is unable to produce to the Immigration Officer on arrival a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for leave to remain, if the applicant is unable to satisfy the Secretary of State that each of the requirements of paragraph 257C (i) to (iv) is met.
The EEA family permit
258. DELETED
Requirements for the issue of an EEA family permit
259. DELETED
Issue of an EEA family permit
260. DELETED
Refusal of an application for an EEA family permit
261. DELETED
Registration with the police for family members of EEA nationals
262. DELETED
Retired persons of independent means
Requirements for leave to enter the United Kingdom as a retired person of independent means
263. DELETED
Leave to enter as a retired person of independent means
264. DELETED
Refusal of leave to enter as a retired person of independent means
265. DELETED
Requirements for an extension of stay as a retired person of independent means
266. The requirements for an extension of stay as a retired person of independent means are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a retired person of independent means; and
(ii) meets the following requirements:
(a) has under his control and disposable in the United Kingdom an income of his own of not less than £25,000 per annum; and
(b) is able and willing to maintain and accommodate himself and any dependants indefinitely in the United Kingdom from his own resources with no assistance from any other person and without taking employment or having recourse to public funds; and
(c) can demonstrate a close connection with the United Kingdom; and
(iii) has made the United Kingdom his main home.
Extension of stay as a retired person of independent means
266A. DELETED
266C. DELETED
266D.DELETED
266E. DELETED
267. An extension of stay as a retired person of independent means, with a prohibition on the taking of employment, may be granted so as to bring the person's stay in this category up to a maximum of 5 years in aggregate, provided the Secretary of State is satisfied that each of the requirements of paragraph 266 is met.
Refusal of extension of stay as a retired person of independent means
268.An extension of stay as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 266 is met.
Indefinite leave to remain for a retired person of independent means
269. Indefinite leave to remain may be granted, on application, to a person admitted as a retired person of independent means provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 266 throughout the 5 year period and continues to do so.
Refusal of indefinite leave to remain for a retired person of independent means
270. Indefinite leave to remain in the United Kingdom for a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 269 is met.
Spouses or civil partners of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means
Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
271. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means are that:
(i) the applicant is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partners during the applicant's stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse or civil partner; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
272. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain as a retired person of independent means, provided the Immigration Officer is satisfied that each of the requirements of paragraph 271 is met.
Refusal of leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
273. Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 271 is met.
Requirements for extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means are that the applicant:
(i) is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means; or
(ii) is married to or the civil partner of a person who has limited leave to enter or remain in the United Kingdom as a retired person of independent means and who is being granted indefinite leave to remain at the same time; or
(iii) is married to or the civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain as a retired person of independent means immediately before being granted indefinite leave to remain; and
(iv) meets the requirements of paragraph 271 (ii) - (v); and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273B. An extension of stay in the United Kingdom as:
(i) the spouse or civil partner of a person who has limited leave to enter or remain as a retired person of independent means may be granted for a period not in excess of that granted to the person with limited leave to enter or remain; or
(ii) the spouse or civil partner of a person who is being admitted at the same time for settlement or the spouse or civil partner of a person who has indefinite leave to remain may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 273A is met.
Refusal of extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273C. An extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 273A is met.
Requirements for indefinite leave to remain for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means are that the applicant:
(i) is married to or the civil partner of a person who has limited leave to enter or remain in the United Kingdom as a retired person of independent means and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or the civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain as a retired person of independent means immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 271 (ii) - (v); and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273E. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 273D is met.
Refusal of indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means
273F. Indefinite leave to remain in the United Kingdom for the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 273D is met.
Children of persons with limited leave to enter or remain in the United Kingdom as retired persons of independent means
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
274. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means are that:
(i) he is the child of a parent who has been admitted to or allowed to remain in the United Kingdom as a retired person of independent means; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and
(iv) he can, and will, be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
275. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means may be given leave to enter or remain in the United Kingdom for a period of leave not in excess of that granted to the person with limited leave to enter or remain as a retired person of independent means provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted to the United Kingdom with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to enter or remain as a retired person of independent means. Leave to enter or remain is to be subject to a condition prohibiting employment except in relation to the grant of indefinite leave to remain.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means
276. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom as a retired person of independent means is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival, or in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met. An application for indefinite leave to remain in this category is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 274 (i)-(vi) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to enter or remain as a retired person of independent means.
Long residence
Long residence in the United Kingdom
276A. For the purposes of paragraphs 276B to 276D:
(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or
(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or
(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or
(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or
(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.
(b) "lawful residence" means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain; or
(ii) temporary admission within section 11 of the 1971 Act where leave to enter or remain is subsequently granted; or
(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
Requirements for an extension of stay on the ground of long residence in the United Kingdom
276A1. The requirement to be met by a person seeking an extension of stay on the ground of long residence in the United Kingdom is that the applicant meets all the requirements in paragraph 276B of these rules, except the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom contained in paragraph 276B (iii).
Extension of stay on the ground of long residence in the United Kingdom
276A2. An extension of stay on the ground of long residence in the United Kingdom may be granted for a period not exceeding 2 years provided that the Secretary of State is satisfied that the requirement in paragraph 276A1 is met.
Conditions to be attached to extension of stay on the ground of long residence in the United Kingdom
276A3. Where an extension of stay is granted under paragraph 276A2:
(i) if the applicant has spent less than 14 years in the UK , the grant of leave should be subject to the same conditions attached to his last period of lawful leave, or
(ii) if the applicant has spent 14 years or more in the UK, the grant of leave should not contain any restriction on employment.
Refusal of extension of stay on the ground of long residence in the United Kingdom
276A4. An extension of stay on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that the requirement in paragraph 276A1 is met.
Requirements for indefinite leave to remain on the ground of long residence in the United Kingdom
276B. The requirements to be met by an applicant for indefinite leave to remain on the ground of long residence in the United Kingdom are that:
(i) (a) he has had at least 10 years continuous lawful residence in the United Kingdom; or
(b) he has had at least 14 years continuous residence in the United Kingdom, excluding any period spent in the United Kingdom following service of notice of liability to removal or notice of a decision to remove by way of directions under paragraphs 8 to 10A, or 12 to 14, of Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999 Act, or of a notice of intention to deport him from the United Kingdom; and
(ii) having regard to the public interest there are no reasons why it would be undesirable for him to be given indefinite leave to remain on the ground of long residence, taking into account his:
(a) age; and
(b) strength of connections in the United Kingdom; and
(c) personal history, including character, conduct, associations and employment record; and
(d) domestic circumstances; and
(e) previous criminal record and the nature of any offence of which the person has been convicted; and
(f) compassionate circumstances; and
(g) any representations received on the person's behalf; and
(iii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Indefinite leave to remain on the ground of long residence in the United Kingdom
276C. Indefinite leave to remain on the ground of long residence in the United Kingdom may be granted provided that the Secretary of State is satisfied that each of the requirements of paragraph 276B is met.
Refusal of indefinite leave to remain on the ground of long residence in the United Kingdom
276D. Indefinite leave to remain on the ground of long residence in the United Kingdom is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276B is met.
HM Forces
Definition of Gurkha
276E. For the purposes of these Rules the term "Gurkha" means a citizen or national of Nepal who has served in the Brigade of Gurkhas of the British Army under the Brigade of Gurkhas' terms and conditions of service.
Leave to enter or remain in the United Kingdom as a Gurkha discharged from the British Army
Requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army
276F. The requirements for indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army are that:
(i) the applicant has completed at least four years' service as a Gurkha with the British Army; and
(ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
(iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army
276G. A person seeking indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army may be granted indefinite leave to enter provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army
276H. Indefinite leave to enter the United Kingdom as a Gurkha discharged from the British Army is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army
276I. The requirements for indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army are that:
(i) the applicant has completed at least four years' service as a Gurkha with the British Army; and
(ii) was discharged from the British Army in Nepal on completion of engagement on or after 1 July 1997; and
(iii) was not discharged from the British Army more than 2 years prior to the date on which the application is made; and
(iv) on the date of application has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army
276J. A person seeking indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army may be granted indefinite leave to remain provided the Secretary of State is satisfied that each of the requirements of paragraph 276I is met.
Refusal of indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army
276K. Indefinite leave to remain in the United Kingdom as a Gurkha discharged from the British Army is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276I is met.
Leave to enter or remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
Requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276L. The requirements for indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:
(i) the applicant has completed at least four years' service with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement; and
(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276M. A person seeking indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces may be granted indefinite leave to enter provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276N. Indefinite leave to enter the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276O. The requirements for indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces are that:
(i) the applicant has completed at least four years' service with HM Forces; and
(ii) was discharged from HM Forces on completion of engagement; and
(iii) was not discharged from HM Forces more than 2 years prior to the date on which the application is made; and
(iv) on the date of application has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276P. A person seeking indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces may be granted indefinite leave to remain provided the Secretary of State is satisfied that each of the requirements of paragraph 276O is met.
Refusal of indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces
276Q. Indefinite leave to remain in the United Kingdom as a foreign or Commonwealth citizen discharged from HM Forces is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276O is met.
Spouses or civil partners of persons settled or seeking settlement in the United Kingdom in accordance with paragraphs 276e to 276q (HM Forces rules)
Leave to enter or remain in the UK as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276e to 276q
Requirements for indefinite leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement under paragraphs 276E to 276Q
276R. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q are that:
(i) the applicant is married to a person present and settled in the United Kingdom or who is being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q; and
(ii) the parties to the marriage or civil partnership have met; and
(iii) the parties were married or formed a civil partnership at least 2 years ago; and
(iv) each of the parties intends to live permanently with the other as his or her spouse or civil partner and
(v) the marriage is subsisting; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q
276S. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q may be granted indefinite leave to enter provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the UK or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q
276T. Leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being admitted on the same occasion for settlement in accordance with paragraphs 276E to 276Q is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q
276U. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q are that:
(i) the applicant is married to or the civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q; and
(ii) the parties to the marriage or civil partnership have met; and
(iii) the parties were married or formed a civil partnership at least 2 years ago; and
(iv) each of the parties intends to live permanently with the other as his or her spouse or civil partner; and
(v) the marriage or civil partnership is subsisting; and
(vi) has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q
276V. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 276U is met.
Refusal of indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q
276W. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276U is met.
Children of a parent, parents or a relative settled or seeking settlement in the United Kingdom under paragraphs 276e to 276q (HM Forces rules)
Leave to enter or remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276e to 276q
Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q
276X. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q are that:
(i) the applicant is seeking indefinite leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q
276Y. Indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q may be granted provided a valid United Kingdom entry clearance for entry in this capacity is produced to the Immigration Officer on arrival.
Refusal of indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q
276Z. Indefinite leave to enter the United Kingdom as the child of a parent, parents, or a relative present and settled in the United Kingdom or being admitted for settlement on the same occasion in accordance with paragraphs 276E to 276Q is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q
276AA. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q are that:
(i) the applicant is seeking indefinite leave to remain with a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom or being granted settlement on the same occasion; or
(b) one parent is present and settled in the United Kingdom or being granted settlement on the same occasion and the other parent is dead; or
(c) one parent is present and settled in the United Kingdom or being granted settlement on the same occasion and has had sole responsibility for the child's upbringing; or
(d) one parent or a relative is present and settled in the United Kingdom or being granted settlement on the same occasion and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner , and has not formed an independent family unit; and
(iv) has leave to enter or remain in the United Kingdom.
Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q
276AB. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q may be granted if the Secretary of State is satisfied that each of the requirements of paragraph 276AA is met.
Refusal of indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q
276AC. Indefinite leave to remain in the United Kingdom as the child of a parent, parents or a relative present and settled in the United Kingdom or being granted settlement on the same occasion in accordance with paragraphs 276E to 276Q is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 276AA is met.
Spouses or civil partners of armed forces members who are exempt from immigration control under section 8(4) of the Immigration Act 1971
Requirements for leave to enter or remain as the spouse or civil partners of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971
276AD. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the spouse or civil partners of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 are that:
(i) the applicant is married or the civil partner of, to an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partners during the applicant's stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond his or her spouse's or civil partners enlistment in the home forces, or period of posting or training in the United Kingdom.
Leave to enter or remain as the spouse or civil partners of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971
276AE. A person seeking leave to enter or remain in the United Kingdom as the spouse or civil partners of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in the United Kingdom for a period not exceeding 4 years or the duration of the enlistment, posting or training of his or her spouse, whichever is shorter, provided that the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is satisfied that each of the requirements of paragraph 276AD (i)-(v) is met.
Refusal of leave to enter or remain as the spouse or civil partners of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971
276AF. Leave to enter or remain in the United Kingdom as the spouse an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 276AD (i)-(v) is met.
Children of armed forces members who are exempt from immigration control under section 8(4) of the Immigration Act 1971
Requirements for leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971
276AG. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 are that:
(i) he is the child of a parent who is an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner , has not formed an independent family unit and is not leading an independent life; and (iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond the period of his parent's enlistment in the home forces, or posting or training in the United Kingdom; and
(vi) his other parent is being or has been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care.
Leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971
276AH. A person seeking leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 may be given leave to enter or remain in the United Kingdom for a period not exceeding 4 years or the duration of the enlistment, posting or training of his parent, whichever is the shorter, provided that the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is satisfied that each of the requirements of 276AG (i)-(vi) is met.
Refusal of leave to enter or remain as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971
276AI. Leave to enter or remain in the United Kingdom as the child of an armed forces member exempt from immigration control under section 8(4) of the Immigration Act 1971 is to be refused if the Immigration Officer, or in the case of an application for leave to remain, the Secretary of State, is not satisfied that each of the requirements of paragraph 276AG (i)-(vi) is met.