22/03/2006 - Statement of Changes in Immigration Rules HC 974
WORK PERMIT EMPLOYMENT
Requirements for leave to enter the United Kingdom for work permit employment
128. The requirements to be met by a person coming to the United Kingdom to seek or take employment (unless he is otherwise eligible for admission for employment under these Rules or is eligible for admission as a seaman under contract to join a ship due to leave British waters) are that he:
(i) holds a valid Home Office work permit; and
(ii) is not of an age which puts him outside the limits for employment; and
(iii) is capable of undertaking the employment specified in the work permit; and
(iv) does not intend to take employment except as specified in his work permit; and
(v) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vi) in the case of a person in possession of a work permit which is valid for a period of 12 months or less, intends to leave the United Kingdom at the end of his approved employment; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity except where he holds a work permit valid for 6 months or less or he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter for work permit employment
129. A person seeking leave to enter the United Kingdom for the purpose of work permit employment may be admitted for a period not exceeding the period of employment approved by the Home Office (as specified in his work permit), subject to a condition restricting him to that approved employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, where entry clearance is not required, provided the Immigration Officer is satisfied that each of the requirements of paragraph 128(i)-(vi) is met.
Refusal of leave to enter for employment
130. Leave to enter for the purpose of work permit employment 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 or, where entry clearance is not required, if the Immigration Officer is not satisfied that each of the requirements of paragraph 128(i)-(vi) is met.
Requirements for an extension of stay for work permit employment
131. The requirements for an extension of stay to seek or take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) are that the applicant:
(i) entered the United Kingdom with a valid work permit under paragraph 129; and
(ii) has written approval from the Home Office for the continuation of his employment; and
(iii) meets the requirements of paragraph 128 (ii)-(v).
131A. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) holds a valid Home Office immigration employment document for employment; and
(iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(v) meets each of the requirements of paragraph 128 (ii) to (vi).
131B. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a student nurse overseas qualified nurse or midwife, postgraduate doctor or postgraduate dentist are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student nurse in accordance with paragraphs 63 to 69 of these Rules; or
(ia) entered the United Kingdom or was given leave to remain as an overseas qualified nurse or midwife in accordance with paragraphs 69M to 69R of these Rules; and
(ii) entered the United Kingdom or was given leave to remain as a postgraduate doctor or a postgraduate dentist in accordance with paragraphs 70 to 75 of these Rules; and
(iii) holds a valid Home Office immigration employment document for employment as a nurse, doctor or dentist; and
(iv) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(v) meets each of the requirements of paragraph 128 (ii) to (vi).
131C The requirements for an extension of stay to take employment for a Science and Engineering Graduate Scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Science and Engineering Graduate Scheme participant in accordance with paragraphs 135O to 135T of these Rules; and
(ii) holds a valid Home Office immigration employment document for employment; and
(iii) meets each of the requirements of paragraph 128 (ii) to (vi).
131D.The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for a working holidaymaker are that the applicant:
(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
(ii) he has spent more than 12 months in total in the UK in this capacity; and
(iii) holds a valid Home Office immigration employment document for employment in an occupation listed on the Work Permits (UK) shortage occupations list; and
(iv) meets each of the requirements of paragraph 128 (ii) to (vi).
131E The requirements for an extension of stay to take employment for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135E of these Rules; and
(ii) holds a valid work permit; and
(iii) meets each of the requirements of paragraph 128(ii) to (vi).
131F The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for an Innovator are that the applicant:
(i) entered the United Kingdom or was given leave to remain as an Innovator in accordance with paragraphs 210A to 210E of these Rules; and
(ii) holds a valid Home Office immigration employment document for employment; and
(iii) meets each of the requirements of paragraph 128(ii) to (vi).
131G. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) for an individual who has leave to enter or leave to remain in the United Kingdom to take the PLAB Test or to undertake a clinical attachment or dental observer post are that the applicant:
(i) entered the United Kingdom or was given leave to remain for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F of these Rules; or
(ii) entered the United Kingdom or was given leave to remain to undertake a clinical attachment or dental observer post in accordance with paragraphs 75G to 75M of these Rules; and
(iii) holds a valid Home Office immigration employment document for employment as a doctor or dentist; and
(iv) meets each of the requirements of paragraph 128 (ii) to (vi).
131H. The requirements for an extension of stay to take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
(ii) holds a valid Home Office immigration employment document for employment in Scotland; and
(iii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iv) meets each of the requirements of paragraph 128 (ii) to (vi).
Extension of stay for work permit employment
132.An extension of stay for work permit employment may be granted for a period not exceeding the period of approved employment recommended by the Home Office provided the Secretary of State is satisfied that each of the requirements of paragraphs 131, 131A, 131B, 131C, 131D, 131E, 131F, 131G or 131H is met. An extension of stay is to be subject to a condition restricting the applicant to employment approved by the Home Office.
133.An extension of stay for employment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraphs 131, 131A, 131B, 131C, 131D, 131E, 131F, 131G or 131H is met (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules).
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
he has met the requirements of paragraph 128(i) to (v) throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer.
Refusal of indefinite leave to remain for a work permit holder
135. Indefinite leave to remain in the United Kingdom for a work permit holder is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 134 is met.
Highly skilled migrants
Requirements for leave to enter the United Kingdom as a highly skilled migrant
135A. The requirements to be met by a person seeking leave to enter as a highly skilled migrant are that the applicant:
(i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme; and
(ii) intends to make the United Kingdom his main home; and
(iii) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a highly skilled migrant
135B. A person seeking leave to enter the United Kingdom as a highly skilled migrant may be admitted for a period not exceeding 2 years, provided the Immigration Officer is satisfied that each of the requirements of paragraph 135A is met.
Refusal of leave to enter as a highly skilled migrant
135C. Leave to enter as a highly skilled migrant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135A is met.
Requirements for an extension of stay as a highly skilled migrant
135D. The requirements for an extension of stay as a highly skilled migrant, in the case of a person who was granted leave to enter under paragraph 135A, are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a highly skilled migrant; and
(ii) has already taken during his period of leave all reasonable steps to become lawfully economically active in the United Kingdom in employment, self-employment or a combination of both; and
(iii) meets the requirements of paragraph 135A(i)-(iii).
135DA The requirements for an extension of stay as a highly skilled migrant in the case of a person who has leave to remain for work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 132 of these Rules; and
(ii) meets the requirements of paragraph 135A (i)-(iii).
135DB The requirements for an extension of stay as a highly skilled migrant in the case of a person who has leave to remain as a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to remain as a highly skilled migrant if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets the requirements of paragraph 135A(i)-(iii).
135DC. The requirements for an extension of stay as a highly skilled migrant in the case of a person who has leave to remain as a postgraduate doctor or postgraduate dentist or trainee general practitioner are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a postgraduate doctor or a postgraduate dentist or trainee general practitioner in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to such employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets the requirements of paragraph 135A(i)-(iii).
135DD The requirements for an extension of stay as a highly skilled migrant for a working holidaymaker are that the applicant:
(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
(ii) meets the requirements of paragraph 135A(i)-(iii).
135DE The requirements for an extension of stay as a highly skilled migrant for a participant in the Science and Engineering Graduate Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduate Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets the requirements of paragraph 135A(i)-(iii)
135DF. The requirements for an extension of stay as a highly skilled migrant for an innovator are that the
applicant:
(i) entered the United Kingdom or was given leave to remain as an innovator in accordance with paragraphs 210A to 210E of these Rules; and
(ii) meets the requirements of paragraph 135A(i)-(iii).
135DG. The requirements for an extension of stay as a highly skilled migrant in the case of a person who has leave to enter or leave to remain in the United Kingdom to take the PLAB Test or to undertake a clinical attachment are that the applicant:
(i) entered the United Kingdom or was given leave to remain for the purposes of taking the PLAB Test in accordance with paragraphs 75A to 75F of these Rules; or
(ii) entered the United Kingdom or was given leave to remain to undertake a clinical attachment in accordance with paragraphs 75G to 75M of these Rules; and
(iii) holds a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme under the priority application process for general practitioners; and
(iv) meets the requirements of paragraph 135A(ii)-(iii).
135DH. The requirements for an extension of stay as a highly skilled migrant in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules;
and
(ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iii) meets the requirements of paragraph 135A(i)-(iii)."
Extension of stay as a highly skilled migrant
135E. An extension of stay as a highly skilled migrant may be granted for a period not exceeding 3 years, provided that the Secretary of State is satisfied that each of the requirements of paragraph 135D,135DA, 135DB, 135DC, 135DD, 135DE, 135DF, 135DG or 135DH is met.
Refusal of extension of stay as a highly skilled migrant
135F. An extension of stay as a highly skilled migrant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135D, 135DA, 135DB, 135DC, 135DD, 135DE, 135DF, 135DG or 135DH is met.
Indefinite leave to remain as a highly skilled migrant
135G. Indefinite leave to remain may be granted, on application, to a person currently with leave as a highly skilled migrant, provided that he:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years' leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as a work permit holder under paragraphs 128 to 134 of these Rules, or as an innovator under paragraphs 210A to 210H of these Rules; and
(ii) for the period of leave as a highly skilled migrant, has met the requirements of paragraph 135A (i)-(iii); and
(iii) for any period of leave not in this capacity, has not had recourse to public funds; and
(iv) is lawfully economically active in the United Kingdom in employment, self-employment or a combination of both.
Refusal of indefinite leave to remain as a highly skilled migrant
135H. Indefinite leave to remain in the United Kingdom to a person currently with leave as a highly skilled migrant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135G is met.
Sectors-Based Scheme
Requirements for leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme
135I. The requirements to be met by a person seeking leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme are that he:
(i) holds a valid Home Office immigration employment document issued under the Sectors-Based Scheme; and
(ii) is aged between 18 and 30 inclusive or was so aged at the date of his application for leave to enter;
and
(iii) is capable of undertaking the employment specified in the immigration employment document; and
(iv) does not intend to take employment except as specified in his immigration employment document; and
(v) is able to maintain and accommodate himself adequately without recourse to public funds; and
(vi) intends to leave the United Kingdom at the end of his approved employment; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter for the purpose of employment under the Sectors-Based Scheme
135J. A person seeking leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme may be admitted for a period not exceeding 12 months (normally as specified in his work permit), subject to a condition restricting him to employment approved by the Home Office, provided the Immigration Officer is satisfied that each of the requirements of paragraph 135I is met.
Refusal of leave to enter for the purpose of employment under the Sectors-Based Scheme
135K. Leave to enter the United Kingdom for the purpose of employment under the Sectors-Based Scheme is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135I is met.
Requirements for an extension of stay for Sector-Based employment
135L.The requirements for an extension of stay for Sector-Based employment are that the applicant:
(i) entered the United Kingdom with a valid Home Office immigration employment document issued under the sectors-Based Scheme and;
(ii) has written approval from the Home Office for the continuation of his employment under the Sectors-Based Scheme; and
(iii) meets the requirements of paragraph 135I (ii) to (vi); and
(iv) would not, as a result of the extension of stay sought, remain in the United Kingdom for Sector-Based Scheme employment to a date beyond 12 months from the date on which he was given leave to enter the United Kingdom on this occasion in this capacity.
Extension of stay for Sectors-Based Scheme employment
135M. An extension of stay for Sectors-Based Scheme employment may be granted for a period not exceeding the period of approved employment recommended by the Home Office provided the Secretary of State is satisfied that each of the requirements of paragraph 135L are met. An extension of stay is to be subject to a condition restricting the applicant to employment approved by the Home Office.
Refusal of extension of stay for Sectors-Based Scheme employment
135N. An extension of stay for Sector-Based Scheme employment is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135L is met.
Science and Engineering Graduates Scheme
Requirements for leave to enter as a participant in the Science and Engineering Graduates Scheme
135O. The requirements to be met by a person seeking leave to enter as a participant in the Science and Engineering Graduates Scheme are that he:
(i) has successfully completed and obtained either:
(a) a UK recognised degree (with second class honours or above), Master's degree or PhD in a subject approved by the Department for Education and Skills for the purposes of this scheme at either:
(i) a publicly funded institution of further or higher education; or
(ii) a bona fide private education institution which maintains satisfactory records of enrolment and attendance; or
(b) a UK recognised Master's degree or PhD in any subject, where study for this qualification commenced on or after 1 May 2006, at an institution which is on the Department for Education and Skills' Register of Education and Training Providers, and is either:
(i) a publicly funded institution of further or higher education; or
(ii) a bona fide private education institution which maintains satisfactory records of enrolment and attendance; and"
(a) a publicly funded institution of further or higher education; or
(b) a bona fide private education institution which maintains satisfactory records of enrolment and attendance.
(ii) intends to seek and take work during the period for which leave is granted in this capacity;
(iii) can maintain and accommodate himself and any dependants without recourse to public funds;
(iv) completed his degree, masters or PhD in the approved subject in the last 12 months;
(v) if he has previously spent time in the UK as a participant in the Science and Engineering Graduates Scheme, is not seeking leave to enter to a date beyond 12 months from the date he was first given leave to enter or remain in this capacity;
(vi) intends to leave the United Kingdom if, on expiry of his leave under this scheme, he has not been granted leave to remain in the United Kingdom in accordance with paragraphs 128-135H or 200-210H of these Rules;
(vii) has the written consent of his official sponsor to enter or remain in the United Kingdom under the Science and Engineering Graduate Scheme if his approved studies, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(viii) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter as a participant in the Science and Engineering Graduates Scheme
135P. A person seeking leave to enter the United Kingdom as a participant in the Science and Engineering Graduates Scheme may be admitted for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a participant in the Science and Engineering Graduates Scheme
135Q. Leave to enter as a participant in the Science and Engineering Graduates Scheme is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135O is met.
Requirements for leave to remain as a participant in the Science and Engineering Graduates Scheme
135R. The requirements to be met by a person seeking leave to remain as a participant in the Science and Engineering Graduates Scheme are that he:
(i) meets the requirements of paragraph 135O(i) to (vii); and
(ii) has leave to enter or remain as a student or as a participant in the Science and Engineering Graduates Scheme in accordance with paragraphs 57 - 69L or 135O -135T of these Rules;
(iii) would not, as a result of an extension of stay, remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme to a date beyond 12 months from the date on which he was first given leave to enter or remain in this capacity.
Leave to remain as a participant in the Science and Engineering Graduates Scheme
135S. Leave to remain as a participant in the Science and Engineering Graduates Scheme may be granted if the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 135R.
Refusal of leave to remain as a participant in the Science and Engineering Graduates Scheme
135T. Leave to remain as a participant in the Science and Engineering Graduates Scheme is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135R is met.
REPRESENTATIVES OF OVERSEAS NEWSPAPERS, NEWS AGENCIES AND BROADCASTING ORGANISATIONS
Requirements for leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation
136. The requirements to be met by a person seeking leave to enter the United Kingdom as a representative of an overseas newspaper, news agency or broadcasting organisation are that he:
(i) has been engaged by that organisation outside the United Kingdom and is being posted to the United Kingdom on a long term assignment as a representative; and
(ii) intends to work full time as a representative of that overseas newspaper, news agency or broadcasting organisation; and
(iii) does not intend to take employment except within the terms of this paragraph; and
(iv) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a representative of an overseas newspaper, newsagency or broadcasting organisation
137. A person seeking leave to enter the United Kingdom as a representative of an overseas newspaper, news agency or broadcasting organisation may be admitted for a period not exceeding 2 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation
138. Leave to enter as a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation
139. The requirements for an extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a representative of an overseas newspaper, news agency or broadcasting organisation; and
(ii) is still engaged in the employment for which his entry clearance was granted; and
(iii) is still required for the employment in question, as certified by his employer; and
(iv) meets the requirements of paragraph 136 (ii)-(iv).
Extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation
140. An extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation may be granted for a period not exceeding 3 years provided the Secretary of State is satisfied that each of the requirements of paragraph 139 is met.
Refusal of extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation
141. An extension of stay as a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 139 is met.
Indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation
142. Indefinite leave to remain may be granted, on application, to a representative of an overseas newspaper, news agency or broadcasting organisation provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 139 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer.
Refusal of indefinite leave to remain for a representative of an overseas newspaper, news agency or broadcasting organisation.
143. Indefinite leave to remain in the United Kingdom for a representative of an overseas newspaper, news agency or broadcasting organisation is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 142 is met.
Requirements for leave to enter the United Kingdom as a Fresh Talent: Working in Scotland scheme participant
143A. The requirements to be met by a person seeking leave to enter as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) has been awarded an HND, or a UK recognised undergraduate degree, Master's degree or PhD by either:
(a) a Scottish publicly funded institution of further or higher education; or
(b) a Scottish bona fide private education institution which maintains satisfactory records of enrolment and attendance; and
(ii) has lived in Scotland for an appropriate period of time whilst studying for the HND,undergraduate degree, Master's degree or PhD referred to in (i) above; and
(iii) intends to seek and take employment in Scotland during the period of leave granted under this paragraph; and
(iv) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(v) has completed the HND, undergraduate degree, Master's degree or PhD referred to in (i) above in the last 12 months; and
(vi) intends to leave the United Kingdom if, on expiry of his leave under this paragraph, he has not been granted leave to remain in the United Kingdom as:
(a) a work permit holder in accordance with paragraphs 128 - 135 of these Rules; or
(b) under the highly skilled migrant programme in accordance with paragraphs 135A - 135H of these Rules; or
(c) a person intending to establish themselves in business in accordance with paragraphs 200 - 210 of these Rules; or
(d) an innovator in accordance with paragraphs 210A - 210H of these Rules; and
(vii) has the written consent of his official sponsor to enter or remain in the United Kingdom as a Fresh Talent: Working in Scotland scheme participant, if the studies which led to his qualification under (i) above (or any studies he has subsequently undertaken) were sponsored
by a government or international scholarship agency; and
(viii) if he has previously been granted leave as either:
(a) a Fresh Talent: Working in Scotland scheme participant in accordance with this paragraph; and/or
(b) a participant in the Science and Engineering Graduates Scheme in accordance with paragraphs 135O - 135T of these Rules is not seeking leave to enter under this paragraph which, when amalgamated with any previous periods of leave granted in either of these two categories, would total more than 24 months; and
(ix) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter as a Fresh Talent: Working in Scotland scheme participant
143B. A person seeking leave to enter the United Kingdom as a Fresh Talent: Working in Scotland scheme participant may be admitted for a period not exceeding 24 months provided the Immigration Officer is satisfied that each of the requirements of paragraph 143A is met.
Refusal of leave to enter as a Fresh Talent: Working in Scotland scheme participant
143C. Leave to enter as a Fresh Talent: Working in Scotland scheme participant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 143A is met.
Requirements for an extension of stay as a Fresh Talent: Working in Scotland scheme participant
143D. The requirements to be met by a person seeking an extension of stay as a Fresh Talent:
Working in Scotland scheme participant are that the applicant:
(i) meets the requirements of paragraph 143A (i) to (vii); and
(ii) has leave to enter or remain in the United Kingdom as either:
(a) a student in accordance with paragraphs 57 - 69L of these Rules; or
(b) a participant in the Science and Engineering Graduates Scheme in accordance with paragraphs 135O - 135T of these Rules; or
(c) a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A - 143F of these Rules; and
(iii) if he has previously been granted leave as either:
(a) a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A - 143F of these Rules; and/or
(b) a Science and Engineering Graduates Scheme participant in accordance with paragraphs 135O - 135T of these Rules is not seeking leave to remain under this paragraph which, when amalgamated with any previous periods of leave granted in either of these two categories, would total more than 24 months.
Extension of stay as a Fresh Talent: Working in Scotland scheme participant
143E. An extension of stay as a Fresh Talent: Working in Scotland scheme participant may be granted for a period not exceeding 24 months if the Secretary of State is satisfied that each of the requirements of paragraph 143D is met.
Refusal of an extension of stay as a Fresh Talent: Working in Scotland scheme participant
143F. An extension of stay as a Fresh Talent: Working in Scotland scheme participant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 143D is met."
REPRESENTATIVES OF OVERSEAS FIRMS WHICH HAVE NO BRANCH, SUBSIDIARY OR OTHER REPRESENTATIVE IN THE UNITED KINGDOM (SOLE REPRESENTATIVES)
Requirements for leave to enter as a sole representative
144. The requirements to be met by a person seeking leave to enter the United Kingdom as a sole representative are that he:
(i) has been recruited and taken on as an employee outside the United Kingdom as a representative of a firm which has its headquarters and principal place of business outside the United Kingdom and which has no branch, subsidiary or other representative in the United Kingdom; and
(ii) seeks entry to the United Kingdom as a senior employee with full authority to take operational decisions on behalf of the overseas firm for the purpose of representing it in the United Kingdom by establishing and operating a registered branch or wholly owned subsidiary of that overseas firm; and
(iii) intends to be employed full time as a representative of that overseas firm; and
(iv) is not a majority shareholder in that overseas firm; and
(v) does not intend to take employment except within the terms of this paragraph; and
(vi) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vii) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a sole representative
145. A person seeking leave to enter the United Kingdom as a sole representative may be admitted for a period not exceeding 2 years provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a sole representative
146. Leave to enter as a sole representative is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a sole representative
147. The requirements for an extension of stay as a sole representative are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a sole representative of an overseas firm; and
(ii) can show that the overseas firm still has its headquarters and principal place of business outside the United Kingdom; and
(iii) is employed full time as a representative of that overseas firm and has established and is in charge of its registered branch or wholly owned subsidiary; and
(iv) is still required for the employment in question, as certified by his employer; and
(v) meets the requirements of paragraph 144 (iii)-(vi).
Extension of stay as a sole representative
148. An extension of stay not exceeding 3 years as a sole representative may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 147 is met.
Refusal of extension of stay as a sole representative
149. An extension of stay as a sole representative is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 147 is met.
Indefinite leave to remain for a sole representative
150. Indefinite leave to remain may be granted, on application, to a sole representative provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 147 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer.
Refusal of indefinite leave to remain for a sole representative
151. Indefinite leave to remain in the United Kingdom for a sole representative is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 150 is met.
PRIVATE SERVANTS IN DIPLOMATIC HOUSEHOLDS
Requirements for leave to enter as a private servant in a diplomatic household
152. The requirements to be met by a person seeking leave to enter the United Kingdom as a private servant in a diplomatic household are that he:
(i) is aged 18 or over; and
(ii) is employed as a private servant in the household of a member of staff of a diplomatic or consular mission who enjoys diplomatic privileges and immunity within the meaning of the Vienna Convention on Diplomatic and Consular Relations or a member of the family forming part of the household of such a person; and
(iii) intends to work full time as a private servant within the terms of this paragraph; and
(iv) does not intend to take employment except within the terms of this paragraph; and
(v) can maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a private servant in a diplomatic household
153. A person seeking leave to enter the United Kingdom as a private servant in a diplomatic household may be given leave to enter for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a private servant in a diplomatic household
154. Leave to enter as a private servant in a diplomatic household is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a private servant in a diplomatic household
155. The requirements for an extension of stay as a private servant in a diplomatic household are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a private servant in a diplomatic household; and
(ii) is still engaged in the employment for which his entry clearance was granted; and
(iii) is still required for the employment in question, as certified by the employer; and
(iv) meets the requirements of paragraph 152 (iii)-(v).
Extension of stay as a private servant in a diplomatic household
156. An extension of stay as a private servant in a diplomatic household may be granted for a period not exceeding 12 months at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 155 is met.
Refusal of extension of stay as a private servant in a diplomatic household
157. An extension of stay as a private servant in a diplomatic household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 155 is met.
Indefinite leave to remain for a servant in a diplomatic household
158. Indefinite leave to remain may be granted, on application, to a private servant in a diplomatic household provided:
(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) he has met the requirements of paragraph 155 throughout the 5 year period; and
(iii) he is still required for the employment in question, as certified by his employer.
Refusal of indefinite leave to remain for a servant in a diplomatic household
159. Indefinite leave to remain in the United Kingdom for a private servant in a diplomatic household is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 158 is met.