Introduction

Implementation and transitional provisions

Application

Interpretation

a) maintains satisfactory records of enrolment and attendance of students, and supplies these to the Border and Immigration Agency when requested;

b) provides courses which involve a minimum of 15 hours organised daytime study per week;

c) ensures a suitably qualified tutor is present during the hours of study to offer teaching and instruction to the students;

d) offers courses leading to qualifications recognised by the appropriate accreditation bodies;

e)employs suitably qualified staff to provide teaching, guidance and support to the students;

f) provides adequate accommodation, facilities, staffing levels and equipment to support the numbers of students enrolled at the institution; and

g) if it offers tuition support to external students at degree level, ensures that such students are registered with the UK degree awarding body.

(a) A programme of study or research which leads to the award, by or on behalf of a university, college or other body which is authorised by Royal Charter or by or under an Act of Parliament to grant degrees, of a qualification designated by the awarding institution to be of Bachelors degree level; or

(b) A programme of study or research, which leads to a recognised award for the purposes of section 214(2)(c) of the Education Reform Act 1988, of a qualification designated by the awarding institution to be of Bachelors degree level.

(a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988;

(b) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.

(c) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits (Northern Ireland) Act 1992;, income support, council tax benefit, housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; or income based jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995.

"settled in the United Kingdom" means that the person concerned:

(a) is free from any restriction on the period for which he may remain save that a person entitled to an exemption under Section 8 of the Immigration Act 1971 (otherwise than as a member of the home forces) is not to be regarded as settled in the United Kingdom except in so far as Section 8(5A) so provides; and

(b) is either:

(i) ordinarily resident in the United Kingdom without having entered or remained in breach of the immigration laws; or

(ii) despite having entered or remained in breach of the immigration laws, has subsequently entered lawfully or has been granted leave to remain and is ordinarily resident.

"a parent" includes

(a) the stepfather of a child whose father is dead and the reference to stepfather includes a relationship arising through civil partnership;

(b) the stepmother of a child whose mother is dead and the reference to stepmother includes a relationship arising through civil partnership and;

(c) the father as well as the mother of an illegitimate child where he is proved to be the father;

(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);

(e) in the case of a child born in the United Kingdom who is not a British citizen, a person to whom there has been a genuine transfer of parental responsibility on the ground of the original parent(s)' inability to care for the child.

(a) the Certificate of Sponsorship Checking Service entry to which the applicant's Certificate of Sponsorship reference number relates, records that the applicant is being sponsored in an occupation which is defined in the United Kingdom Border Agency's Transitional Guidance as being a job in the entertainment sector,

(b) the applicant has, or has previously had, entry clearance, leave to enter or leave to remain in the UK as a Work Permit Holder, and the work permit that led to that grant was issued in the sports and entertainment category to enable him to work in the occupation in which he is, at the date of the application for leave to remain, currently being sponsored,

(c) the applicant's last grant of leave was as:

(i) a Work Permit Holder in the sports and entertainment category, provided the work permit that led to that grant was issued in the sports and entertainment category to enable him to work either in the occupation in which he is, at the date of the current application for leave to remain, currently being sponsored, or in another occupation which is defined in the United Kingdom Border Agency's Transitional Guidance as being a job in the entertainment sector, or

(ii) a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, provided (in either case) that at the time of that last grant of leave points were awarded under the transitional arrangements provisions in Table 11 of Appendix A, and provided (again in either case) that that grant was made to enable him to work either in the occupation in which he is currently being sponsored or in another occupation which is defined in the United Kingdom Border Agency's Transitional Guidance as being a job in the entertainment sector.

(d) the Certificate of Sponsorship Checking Service entry to which the applicant's Certificate of Sponsorship reference number relates records:

(i) that the applicant will be paid a salary for the job that is at or above the appropriate entertainments industry rate, as listed in the United Kingdom Border Agency's Transitional Guidance; and

(ii) that before agreeing to employ the applicant, the Sponsor consulted with such bodies as the United Kingdom Border Agency's Transitional Guidance indicates that it should consult with before employing someone in this capacity, and

(e) the applicant has not spent a period of 5 years or more in the UK, beginning with the last grant of entry clearance, as a Qualifying Work Permit Holder, Tier 2 (General) Migrant or Tier 2 (Intra- Company Transfer) Migrant, or in any combination of these.

(a) the Certificate of Sponsorship Checking Service entry to which the applicant?s Certificate of Sponsorship reference number relates, records that the applicant is being sponsored in an occupation which is defined in the United Kingdom Border Agency's Guidance as being a senior care worker role,

(b) the applicant's last grant of leave was as:

(i) a Qualifying Work Permit Holder, or

(ii) a Tier 2 (General) Migrant or a Tier 2 (Intra-Company Transfer) Migrant, provided (in either case) that at the time of that last grant of leave points were awarded under the transitional arrangements provisions in Table 11 of Appendix A.

(c) the work permit or Certificate of Sponsorship that led to the last grant of leave was issued to enable the applicant to work as a senior care worker, and

(d) the applicant has not spent a period of 5 years or more in the UK, beginning with the last grant of entry clearance, as a Qualifying Work Permit Holder, Tier 2 (General) Migrant or Tier 2 (Intra- Company Transfer) Migrant, or in any combination of these.

(a) the migrant remains working for the Sponsor in the employment that the Certificate of Sponsorship Checking Service records that the migrant is being sponsored to do,

(b) the other employment does not exceed 20 hours per week and takes place outside of the hours when the migrant is contracted to work for the Sponsor in the employment the migrant is being sponsored to do.

(a) A person granted leave to enter or remain in the UK as a visitor for private medical treatment under paragraphs 51 - 56 of these Rules

(b) A person granted leave to enter or remain in the UK for the purpose of marriage or to enter into civil partnership under paragraphs 56D - 56F of these Rules

(c) A person granted leave to enter or remain in the UK as a Parent of a child at school under paragraphs 56A - 56C of these Rules

(d) A person granted leave to enter or remain in the UK as a Child Visitor under paragraphs 46A - 46F of these Rules

(e) A person granted leave to enter or remain in the UK as a Student Visitor under paragraphs 56K - 56M of these Rules

(f) A person granted leave to enter or remain in the UK as a Prospective Student under paragraphs 82-87 of these Rules

(g) A person granted leave to enter the UK as a Visitor in transit under paragraphs 47 - 50 of these Rules.