E02875509 - Immigration Rules Changes - HC 1160 Print Ready
E02875509 - Immigration Rules Changes - HC 1160 Print Ready
E02875509 - Immigration Rules Changes - HC 1160 Print Ready
CHANGES IN
IMMIGRATION RULES
HC 1160
STATEMENT OF
CHANGES IN
IMMIGRATION RULES
HC 1160
© Crown copyright 2023
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Queries should be directed to the Home Office as per the ‘Contact UKVI’ section on the visas
and immigration pages of the GOV.UK website at
https://www.gov.uk/government/organisations/uk-visas-and-immigration.
ISBN 978-1-5286-3958-3
E02875509 03/23
The Home Secretary has made the changes hereinafter stated in the rules laid down
by them as to the practice to be followed in the administration of the Immigration
Acts for regulating entry into and the stay of persons in the United Kingdom and
contained in the statement laid before Parliament on 23 May 1994 (HC 395) as
amended. The amending statements were laid before, or presented to, Parliament on
20 September 1994 (Cm 2663), 26 October 1995 (HC 797), 4 January 1996 (Cm
3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 29 August 1996 (Cm 3365),
31 October 1996 (HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cm 3669), 5
June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cm 3953), 7 October
1998 (Cm 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September
2000 (Cm 4851), 28 August 2001 (Cm 5253), 16 April 2002 (HC 735), 27 August
2002 (Cm 5597), 7 November 2002 (HC 1301), 26 November 2002 (HC 104), 8
January 2003 (HC 180), 10 February 2003 (HC 389), 31 March 2003 (HC 538), 30
May 2003 (Cm 5829), 24 August 2003 (Cm 5949), 12 November 2003 (HC 1224),
17 December 2003 (HC 95), 12 January 2004 (HC 176), 26 February 2004 (HC 370),
31 March 2004 (HC 464), 29 April 2004 (HC 523), 3 August 2004 (Cm 6297), 24
September 2004 (Cm 6339), 18 October 2004 (HC 1112), 20 December 2004 (HC
164), 11 January 2005 (HC 194), 7 February 2005 (HC 302), 22 February 2005 (HC
346), 24 March 2005 (HC 486), 15 June 2005 (HC 104), 12 July 2005 (HC 299), 24
October 2005 (HC 582), 9 November 2005 (HC 645), 21 November 2005 (HC 697),
19 December 2005 (HC 769), 23 January 2006 (HC 819), 1 March 2006 (HC 949),
30 March 2006 (HC 1016), 20 April 2006 (HC 1053), 19 July 2006 (HC 1337), 18
September 2006 (Cm 6918), 7 November 2006 (HC 1702), 11 December 2006 (HC
130), 19 March 2007 (HC 398), 3 April 2007 (Cm 7074), 4 April 2007 (Cm 7075), 7
November 2007 (HC 28), 13 November 2007 (HC 40), 19 November 2007 (HC 82),
6 February 2008 (HC 321), 17 March 2008 (HC 420), 9 June 2008 (HC 607), 10 July
2008 (HC 951), 15 July 2008 (HC 971), 4 November 2008 (HC 1113), 9 February
2009 (HC 227), 9 March 2009 (HC 314), 24 April 2009 (HC 413), 9 September 2009
(Cm 7701), 23 September 2009 (Cm 7711), 10 December 2009 (HC 120), 10
February 2010 (HC 367), 18 March 2010 (HC 439), 28 June 2010 (HC 59), 15 July
2010 (HC 96), 22 July 2010 (HC 382), 19 August 2010 (Cm 7929), 1 October 2010
(Cm 7944), 21 December 2010 (HC 698), 16 March 2011 (HC 863), 31 March 2011
(HC 908), 13 June 2011 (HC 1148), 19 July 2011 (HC 1436), 10 October 2011 (HC
1511), 7 November 2011 (HC 1622), 8 December 2011 (HC 1693), 20 December
2011 (HC 1719), 19 January 2012 (HC 1733), 15 March 2012 (HC 1888), 4 April
2012 (Cm 8337), 13 June 2012 (HC 194), 9 July 2012 (HC 514), 19 July 2012 (Cm
8423), 5 September 2012 (HC 565), 22 November 2012 (HC 760), 12 December
2012 (HC 820), 20 December 2012 (HC 847), 30 January 2013 (HC 943), 7 February
2013 (HC 967), 11 March 2013 (HC 1038), 14 March 2013 (HC 1039), 9 April 2013
(Cm 8599), 10 June 2013 (HC 244), 31 July 2013 (Cm 8690), 6 September 2013 (HC
1
This Statement of Changes can be viewed at
https://www.gov.uk/government/collections/immigration-rules-statement-of-changes
Page 1 of 182
628), 9 October 2013 (HC 686), 8 November 2013 (HC 803), 9 December 2013 (HC
887), 10 December 2013 (HC 901), 18 December 2013 (HC 938), 10 March 2014
(HC 1130), 13 March 2014 (HC 1138), 1 April 2014 (HC 1201), 10 June 2014 (HC
198), 10 July 2014 (HC 532), 16 October 2014 (HC 693), 26 February 2015 (HC
1025), 16 March 2015 (HC1116), 13 July 2015 (HC 297), 17 September 2015 (HC
437), 29 October 2015 (HC535), 11 March 2016 (HC 877), 3 November 2016 (HC
667), 16 March 2017 (HC 1078), 20 July 2017 (HC 290), 7 December 2017 (HC
309), 15 March 2018 (HC 895), 15 June 2018 (HC 1154), 20 July 2018 (Cm 9675),
11 October 2018 (HC 1534), 11 December 2018 (HC 1779), 20 December 2018 (HC
1849), 7 March 2019 (HC 1919), 1 April 2019 (HC 2099), 9 September 2019 (HC
2631), 24 October 2019 (HC 170), 30 January 2020 (HC 56), 12 March 2020 (HC
120), 14 May 2020 (CP 232), 10 September 2020 (HC 707), 22 October 2020 (HC
813), 10 December 2020 (HC 1043), 31 December 2020 (CP 361), 4 March 2021
(HC 1248), 10 September 2021 (HC 617), 11 October 2021 (CP 542), 1 November
2021 (HC 803), 14 December 2021 (HC 913), 24 January 2022 (HC 1019), 17
February 2022 (CP 632), 15 March 2022 (HC 1118), 29 March 2022 (HC 1220), 11
May 2022 (HC 17), 20 July 2022 (HC 511) and 18 October 2022 (HC 719)
Implementation
• INTRO9
• INTRO13
• 1.1
• 8.1
• 8.2
• 8.4
• 8.5
• 9.1
• 9.12 to 9.14
• 11.4 and 11.5
• 13.1
• APP ECAA1
• APP EU1 to APP EU16
• APP EU(FP)1 to APP EU(FP)9
• APP F1
• APP FM1 and APP FM2
• APP FM4 to APP FM8
• APP FM11 to APP FM14
• APP FM16 and APP FM17
• APP PC1 and APP PC2
• APP SW1
Page 2 of 182
• APP SW6 and APP SW7
• APP GBM1 and APP GBM2
• APP GBM10
• APP GBM17
• APP GBM19
• APP GBM25 and APP GBM26
• APP GBM29 to APP GBM31
• APP MOR1
• APP GT23
• APP HPI1
• APP SCU1 and APP SCU2
• APP ISP1
• APP SAW1
• APP SAW7 and APP SAW8
• APP CRV2
• APP RW1
• APP CW1
• APP IA1 and APP IA2
• APP GAE3
• APP SPS1
• APP ARAP1
The following paragraphs shall take effect on 12 April 2023. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 12 April 2023, such applications will be decided in accordance
with the Immigration Rules in force on 11 April 2023.
• INTRO1
• INTRO3
• INTRO10 to INTRO12
• 1.2
• 1.3
• 8.3
• 8.6
• 9.2 to 9.4
• 11.1 to 11.3
• APP AR(EU)1
• APP FM9 and APP FM10
• APP KOLL1
• APP V2
• APP PA1
• APP PFFL1
Page 3 of 182
• APP ETA1
• APP GT1 to APP GT21
• APP GTPP1 to APP GTPP4
• APP SCU11 to APP SCU14
• APP SCU20 and APP SCU21
• APP YMSEN1 to APP YMSEN4
• APP CW2
• APP GAE1 and APP GAE2
• APP GAE4 and APP GAE5
• APP GAES1 to APP GAES9
• APP FRP1
• APP CNP1
• APP EL 3
• APP CR2
The following paragraphs shall take effect on 12 April 2023. In relation to those
changes, if an application for entry clearance or leave to remain has been made using
a certificate of sponsorship issued before 12 April 2023, such applications will be
decided in accordance with the Immigration Rules in force on 11 April 2023:
The following paragraphs shall take effect on 13 April 2023. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 13 April 2023, such applications will be decided in accordance
with the Immigration Rules in force on 12 April 2023.
• INTRO2
• INTRO4
• INTRO6 to INTRO8
• 1.4
• 6A.1
• 7.1
• 9.7
Page 4 of 182
• 9.9 to 9.11
• APP AR3 and APP AR4
• APP AR7 and APP AR8
• APP KOLL2
• APP SW11
• APP MOR2
• APP GT22
• APP SU1 and APP SU2
• APP INN1
• APP INNF1
• APP ISP2
• APP EL1 and APP EL2
• APP KOLUK1
• APP FIN1
• APP CR1
• APP CR3
The following paragraphs shall take effect on 1 June 2023. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 1 June 2023, such applications will be decided in accordance with
the Immigration Rules in force on 31 May 2023.
• INTRO5
• 1.5
• 9.5 and 9.6
• APP AR1 and APP AR2
• APP AR5 and APP AR6
• APP FM3
• APP FM15
• APP FMSE1 to APP FMSE7
• APP ADR1
The following paragraphs shall take effect on 29 June 2023. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 29 June 2023, such applications will be decided in accordance with
the Immigration Rules in force on 28 June 2023.
The following paragraphs shall take effect on 25 July 2023. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 25 July 2023, such applications will be decided in accordance with
the Immigration Rules in force on 24 July 2023.
Page 5 of 182
• APP ST1 and APP ST2
• APP GR1 and APP GR2
• APP SW13 to APP SW15
• APP GBM8 and APP GBM9
• APP GBM15 and APP GBM16
• APP GBM23 and APP GBM24
• APP GBM27 and APP GBM28
• APP GBM32 and APP GBM33
• APP MOR3 to APP MOR5
• APP ROB1 to APP ROB3
• APP UKA1 to APP UKA4
• APP GT24 to APP GT26
• APP HPI2 and APP HPI3
• APP SCU17 and APP SCU18
• APP SCU22 and APP SCU23
• APP SU3 and APP SU4
• APP ISP3 to APP ISP5
• APP CRV3 and APP CRV4
• APP RW2 and APP RW3
• APP CW3 and APP CW4
• APP IA3 and APP IA4
• APP GAE6 and APP GAE7
• APP RWP1
The following paragraphs shall take effect on 15 November 2023. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 15 November 2023, such applications will be decided in
accordance with the Immigration Rules in force on 14 November 2023.
• 9.8
• APP V1
• APP VN3
• APP VN4
• APP VN6
• APP VN8
• APP CRV1
• APP CRV5
The following paragraphs shall take effect on 22 February 2024. In relation to those
changes, if an application for entry clearance, leave to enter or leave to remain, has
been made before 22 February 2024, such applications will be decided in accordance
with the Immigration Rules in force on 21 February 2024.
Page 6 of 182
• APP VN1 and APP VN2
• APP VN5
• APP VN7
• APP VN9 to APP VN11
Review
Before the end of each review period, the Secretary of State undertakes to review all
of the relevant Immigration Rules, including any Relevant Rule amended or added by
these changes. The Secretary of State will set out the conclusions of the review in a
report and publish the report.
(a) consider each of the Relevant Rules and whether or not each relevant Rule
achieves its objectives and is still appropriate; and
(b) assess whether those objectives remain appropriate and, if so, the extent to
which they could be achieved with a system that imposes less regulation.
(b) subject to the paragraph below, each successive period of five years.
If a report under this provision is published before the last day of the review period
to which it relates, the following review period is to begin with the day on which
that report is published.
(b) relates to the securing of compliance with, or the enforcement of, requirements,
restrictions, conditions or standards which relate to any activity carried on by a
business or voluntary or community body.
Page 7 of 182
“And in relation to Appendix Temporary Permission to stay for Victims
of Human Trafficking or Slavery the term “cancellation” has the same
meaning as “revocation” in section 65(8) of the Nationality and Borders
Act 2022.”.
INTRO2. In paragraph 6.2, for the definition of “Contact point meeting”, substitute:
(a) Start-up; or
(b) Innovator; or
(c) Innovator Founder; or
(d) Global Talent; or
(e) Scale-up.”.
Page 8 of 182
INTRO8. In paragraph 6.2, after the definition of “Lead applicant”, insert:
Changes to Part 1
“19. A person who can demonstrate he has strong ties to the United Kingdom
and intends to make the United Kingdom his permanent home but does not
benefit from the preceding paragraph by reason only of:
Page 9 of 182
(a) having been absent from the United Kingdom for more than two
consecutive years; or
(b) having been absent from the United Kingdom for more than two
consecutive years and who, after having indefinite leave to remain in the
United Kingdom, had permission as a visitor when they last left
(providing they have not had temporary permission in another route
between the point where their indefinite leave to enter or remain lapsed
and their permission as a visitor was granted),
must have applied for, and been granted, indefinite leave to enter by way of
entry clearance.”.
“A24. A person who is a national of a country specified in rule ETA 1.2. must
obtain an ETA before travel to the UK unless they have an entry clearance.”.
“(5) Subparagraphs (1), (2) and (4) above do not apply to an application for
administrative review made under Appendix AR where the decision being
reviewed is a decision to do one of the following:
(6) Subparagraphs (1) and (2) above do not apply to an application for
administrative review made under Appendix AR (EU).
(7) Subparagraph (4) above does not apply to an application for administrative
review made under Appendix AR (EU), unless the application for entry
clearance, leave to enter or leave to remain is a valid application made under
Appendix EU, Appendix EU (Family Permit), Appendix S2 Healthcare Visitor
or Appendix Service Providers from Switzerland.”.
Changes to Part 6A
Page 10 of 182
6A.1. In paragraph 245D(a)(iii), for “the Start-up or Innovator categories, which
are set out in Appendix W.”, substitute “Innovator Founder.”.
Changes to Part 7
Changes to Part 8
“A283. From 12 April 2023, an application for a child to join, stay or settle
with a non-parent relative with protection status must meet the requirements
under Appendix Child joining or staying with a Non-Parent Relative
(Protection) and the application will not be considered under this Part of the
Immigration Rules.”.
Changes to Part 9
Page 11 of 182
under”.
(a) the subject of any serious civil or criminal action with regard to
corruption or other financial crime or serious misconduct; or
(b) disbarred from acting as a director or carrying out regulated financial
activities in any country.”.
Page 12 of 182
“Electronic Travel Authorisation
9.12. In paragraph 9.30.1, for “one of the following”, substitute “one or more of
the following”.
“; or
(f) jury service; or
(g) attending court as a witness.”.
Changes to Part 11
A326. From 12 April 2023 an application for family reunion must meet the
requirements under Appendix Family Reunion (Protection) and the
application will not be considered under this Part of the Immigration
Rules.”.
Page 13 of 182
“(iv) For the purposes of paragraph 344A, a “dependant” refers only to a
person who has been treated as a dependant under paragraph 349 of these
Rules or a person who has been granted permission to stay or entry clearance
in accordance with Appendix Family Reunion (Protection) of these Rules.”.
“352. Any child aged 12 or over who has made a protection claim in their
own right must be given the opportunity to be interviewed about the
substance of their claim before a decision is taken.
The opportunity for a personal interview may be omitted for a child aged 12
or over where:
(a) the child is unfit to be interviewed; or
(b) the child is unable to be interviewed; or
(c) protection status can be granted to the child without an interview
based on the evidence available; or
(d) one of the exceptions in paragraph 339NA applies.
Page 14 of 182
examination of their claim and ensure that the representative is given the
opportunity to inform the child about the meaning and possible
consequences of the interview and, where appropriate, how to prepare
themselves for the interview.
The child’s representative has the right to be present at the interview and ask
questions and make comments in the interview, within the framework set by
the interviewer.
For the purposes of paragraph 352 and 352ZA a representative can include a
legal representative, social worker, local authority representative,
independent child trafficking guardian, Scottish guardianship service
representative, Northern Ireland independent guardian service representative,
foster carer, relative, a Refugee Council representative or charity worker or
other representative permitted to attend by the Secretary of State.”.
Changes to Part 13
“Deportation
This part of the Rules sets out when a person will be considered for deportation and
when a deportation order will be revoked. It also applies where deportation is
recommended by a court.
A deportation order is made on the grounds that the deportation of the person is
conducive to the public good.
Deportation of EEA citizens and their family members on public policy, public
security or public health grounds is set out in the EEA Regulations 2016 (as saved).
Deportation of Frontier Workers is set out in the Citizens’ Rights (Frontier Workers)
(EU Exit) Regulations 2020.
Where deportation is being considered and the person has made a claim under
Article 8 of the Human Rights Convention, that claim will be considered in line with
the provisions under this Part.
Where deportation would be a breach of a person’s rights under the Human Rights
Act 1998, they may be granted permission to enter or stay in the UK for a temporary
period.
Page 15 of 182
Exemptions from deportation are set out at Section 7 and Section 8 of the
Immigration Act 1971.
13.1.1. A foreign national, who is not an Irish citizen, is liable for deportation where:
(a) they have been convicted of a criminal offence for which they have received a
custodial sentence of at least 12 months; or
(b) the Secretary of State otherwise considers that the deportation of the foreign
national is conducive to the public good; or
(c) they are the spouse, civil partner or child aged under 18 of a foreign national
who is, or has been ordered to be, deported.
13.1.2. An Irish citizen may only be deported where a court has recommended
deportation or where the Secretary of State concludes that, due to the exceptional
circumstances of the case, the public interest requires deportation.
13.1.3. A deportation order will not be made if the foreign national’s removal from
the UK pursuant to the order would be contrary to the UK’s obligations under the
Refugee Convention or the Human Rights Convention, and, where deportation would
not be contrary to these obligations, the presumption is in favour of deportation.
13.2.1. Where a foreign national has been convicted in the UK or overseas and
received a custodial sentence of at least 12 months; has been convicted of an offence
that has caused serious harm; or is a persistent offender, the public interest requires
the foreign national's deportation unless:
(a) the private life exception in paragraph 13.2.3, or the family life exception in
paragraph 13.2.4, is met; or
Page 16 of 182
(b) there are very compelling circumstances such that removal would be contrary
to the Human Rights Act 1998.
13.2.2. A foreign national, who has received a custodial sentence of at least 4 years,
must show very compelling circumstances over and above the exception in paragraph
13.2.3. or 13.2.4 for deportation to be a breach of Article 8 of the Human Rights
Convention.
(a) the foreign national has been lawfully resident in the UK for most of their life;
and
(b) they are socially and culturally integrated in the UK; and
(c) there would be very significant obstacles to their integration into the country
to which they are to be deported.
13.2.4. The Article 8 family life exception is met where the foreign national has:
(a) a parental relationship with a child that meets all the requirements of
paragraph 13.2.5; or
(b) a partner relationship that meets all the requirements of paragraph 13.2.6.
13.2.5. The foreign national has a parental relationship with a child and all of the
following apply:
(b) the child is either a British citizen or has lived in the UK continuously for at
least the 7 years immediately before the date of the decision to make the
deportation order; and
(c) the child is at the date of the decision to make the deportation order resident in
the UK; and
(d) it would be unduly harsh for the child to live in the country to which the
foreign national is to be deported; and
(e) it would be unduly harsh for the child to stay in the UK without the foreign
national who is to be deported.
13.2.6. The foreign national has a partner relationship and all of the following apply:
Page 17 of 182
(a) the foreign national’s relationship with the partner is genuine and subsisting;
and
(b) the partner is either a British citizen or is settled in the UK; and
(d) the relationship did not begin when the foreign national to be deported was in
the UK unlawfully or when their immigration status was precarious; and
(e) it would be unduly harsh for that partner to live in the country to which the
foreign national is to be deported; and
(f) it would be unduly harsh for that partner to stay in the UK without the foreign
national who is to be deported.
13.3.1. If the decision maker is satisfied that the exception in paragraph 13.2.3 or
13.2.4, or both, is met, and the foreign national does not have permission (including
where previous permission has been cancelled, invalidated or revoked), the foreign
national will be granted temporary permission.
13.4.1 Revocation of a deportation order does not entitle the foreign national to re-
enter the United Kingdom; it means they may apply for and may be granted entry
clearance or permission to enter or stay in the UK.
(a) it is revoked; or
(b) it has been quashed by a court or tribunal.
13.4.3. A foreign national who is subject to a deportation order can apply to the
Home Office for revocation of the order and should normally apply from outside the
UK after they have been deported.
Page 18 of 182
(a) in the case of a foreign national who has been convicted of an offence and
sentenced to a period of imprisonment of less than 4 years, the Article 8
private or family life exception set out in paragraph 13.2.3 or 13.2.4, or both,
is met or where there are very compelling circumstances which would make a
decision not to revoke the deportation order a breach of Article 8 of the
Human Rights Convention; or
(b) in the case of a foreign national who has been convicted of an offence and
sentenced to a period of imprisonment of 4 years or more, there are very
compelling circumstances which would make a decision not to revoke the
deportation order a breach of Article 8 of the Human Rights Convention; or
(c) a decision not to revoke the deportation order would be contrary to the Human
Rights Convention or the Refugee Convention.
Changes to Appendix AR
Page 19 of 182
APP AR7. In AR5.2(c)(x), after “Appendix Innovator”, insert “and Appendix
Innovator Founder”.
“; and
(g) jury service; and
(h) attending court as a witness.”.
Changes to Appendix EU
substitute:
Page 20 of 182
APP EU3. In EU16.(d), for:
substitute:
Page 21 of 182
December 2020) the Immigration (European Economic Area)
Regulations 2016 (as they had effect immediately before that date and
time); or”.
APP EU10. In Annex 1, for sub-paragraph (d)(v) of the definition of ‘person with a
derivative right to reside’ in the table, substitute:
“(v) they do not have leave to enter or remain in the UK, unless this:
(aa) was granted under this Appendix; or
(bb) is in effect by virtue of section 3C of the Immigration Act
1971; or
(cc) is leave to enter granted by virtue of having arrived in the
UK with an entry clearance in the form of an EU Settlement
Scheme Family Permit granted under Appendix EU (Family
Permit) to these Rules on the basis they met sub-paragraph
(a)(ii) of the definition of ‘specified EEA family permit case’
in Annex 1 to that Appendix; and”.
APP EU11. In Annex 1, for sub-paragraph (a)(iv) of the definition of ‘person with
a Zambrano right to reside’ in the table, substitute:
“(iv) they do not have leave to enter or remain in the UK, unless this:
(aa) was granted under this Appendix; or
(bb) is in effect by virtue of section 3C of the Immigration Act
Page 22 of 182
1971; or
(cc) is leave to enter granted by virtue of having arrived in the
UK with an entry clearance in the form of an EU Settlement
Scheme Family Permit granted under Appendix EU (Family
Permit) to these Rules on the basis they met sub-paragraph
(a)(ii) of the definition of ‘specified EEA family permit case’
in Annex 1 to that Appendix; and”.
APP EU12. In Annex 1, for sub-paragraph (b)(v) of the definition of ‘person with a
Zambrano right to reside’ in the table, substitute:
“(v) they do not have leave to enter or remain in the UK, unless this:
(aa) was granted under this Appendix; or
(bb) is in effect by virtue of section 3C of the Immigration Act
1971; or
(cc) is leave to enter granted by virtue of having arrived in the
UK with an entry clearance in the form of an EU Settlement
Scheme Family Permit granted under Appendix EU (Family
Permit) to these Rules on the basis they met sub-paragraph
(a)(ii) of the definition of ‘specified EEA family permit case’
in Annex 1 to that Appendix; and”.
“(ii) shares equally the responsibility for AP’s care with one other
person, unless that other person had acquired a derivative right to
reside in the UK as a result of regulation 16 of the EEA Regulations,
or relied on meeting this definition in being granted the indefinite
leave to enter or remain or limited leave to enter or remain they hold
under this Appendix, before the person assumed equal care
responsibility”.
APP EU14. In Annex 1, in sub-paragraph (b)(ii) of the entry for ‘specified date’ in
the table, for “returned to” substitute “arrived in”.
Page 23 of 182
fall within section 8B(5A) or 8B(5B) of that Act; and
APP EU(FP)1. In FP3., for “valid for the relevant period” substitute “valid for
a period of six months from the date of decision”.
Page 24 of 182
APP EU(FP)4. In FP7.(4)(b)(i)(cc), after “paragraph A3.1.” insert “, A3.1A.,
A3.1B.”.
APP EU(FP)7. In Annex 1, in the entry for ‘relevant EEA citizen (where the
date of application under this Appendix is before 1 July 2021)’
in the table, below sub-paragraph (f), insert:
APP EU(FP)8. In Annex 1, in the entry for ‘relevant EEA citizen (where the
date of application under this Appendix is on or after 1 July
2021)’ in the table, below sub-paragraph (f), insert:
APP EU(FP)9. In Annex 1, delete the entry for ‘relevant period’ in the table.
Changes to Appendix FM
Page 25 of 182
member under Appendix Family Reunion (Protection) of these rules),
is in the UK with limited leave under Appendix EU, or is in the UK
with limited leave as a worker or business person by virtue of either
Appendix ECAA Extension of Stay or under the provisions of the
relevant 1973 Immigration Rules (or Decision 1/80) that underpinned
the European Community Association Agreement (ECAA) with
Turkey prior to 1 January 2021. It sets out the requirements to be met
and, in considering applications under this route, it reflects how, under
Article 8 of the Human Rights Convention, the balance will be struck
between the right to respect for private and family life and the
legitimate aims of protecting national security, public safety and the
economic well-being of the UK; the prevention of disorder and crime;
the protection of health or morals; and the protection of the rights and
freedoms of others (and in doing so also reflects the relevant public
interest considerations as set out in Part 5A of the Nationality,
Immigration and Asylum Act 2002). It also takes into account the need
to safeguard and promote the welfare of children in the UK, in line
with the Secretary of State’s duty under section 55 of the Borders,
Citizenship and Immigration Act 2009.”.
GEN 1.11B. For the purposes of GEN 1.11A ‘relevant child’ means a
person who:
Page 26 of 182
(b) it is clear from the information provided by the applicant, is a
child who would be affected by a decision to impose or
maintain the no access to public funds condition.”.
APP FM10. In paragraph E-DVILR.1.3, for “during their only period of leave
under paragraph 352A”, substitute:
Page 27 of 182
APP FM13. In E-ECPT.1.1., for “E-ECPT.2.1.” substitute “E-ECPT.A1.1.”.
APP FM-SE2. In paragraph 1, after “Appendix FM” insert “and Appendix Adult
Dependent Relative”.
APP FM-SE3. In paragraph 12A, after “Appendix FM” insert “or under Appendix
Adult Dependent Relative”.
APP FM-SE6. In paragraph 12B, after “Appendix FM” insert “or under Appendix
Adult Dependent Relative”.
APP KOLL1. In paragraph 3.2(a)(viii), after “319X”, insert “and Appendix Child
joining a Non-Parent Relative (Protection)”.
Page 28 of 182
Changes to Appendix V: Visitor
(a) hold a valid entry clearance that states they are accompanied and
will be travelling with an adult identified on that entry clearance;
or
(b) hold an entry clearance which states they are unaccompanied;
otherwise
the child may be refused entry to the UK, unless they meet the
requirements of V 5.1. and V 5.2.”.
APP VN1. In VN 1.1, for “VN 2.1., VN 2.2. (subject to VN 2.3.) or VN 3.1.”,
substitute:
Page 29 of 182
APP VN2. In VN 1.1(a)., delete “Bahrain*, Jordan, Kuwait*, Oman*, United
Arab Emirates* and Saudi Arabia”.
APP VN5. In VN2.2., delete subparagraphs (e), (g), (i), and (j).
APP VN6. In the heading “Exception where the applicant holds an Electronic
Visa Waiver (EVW) Document (Bahrain, Kuwait, Oman, Qatar, Saudi
Arabia and United Arab Emirates nationals or citizens only)” delete
“Qatar”.
APP VN10. Delete VN 5.1., 5.2., 5.3., 5.4., 5.5., 5.6. and 5.7.
Page 30 of 182
(n) Camp Bestival Dorset
(o) Camp Bestival Shropshire
(p) Celtic Connections
(q) Cheltenham Festivals (Jazz, Science, Music &
Literature Festivals)
(r) Cornwall International Male Choral Festival
(s) Creamfields North
(t) Creamfields South
(u) C2C: Country to Country Festival
(v) DaDaFest International
(w) Dance Umbrella
(x) Download
(y) Edinburgh Festival Fringe
(z) Edinburgh International Book Festival
(aa) Edinburgh International Children’s Festival
(bb) Edinburgh International Festival
(cc) Edinburgh International Jazz and Blues Festival
(dd) Flamenco Festival at Sadler’s Wells Theatre
(ee) Freedom Festival Arts Trust
(ff) Garsington Opera
(gg) Glasgow International Jazz Festival
(hh) Glastonbury Festival
(ii) Glyndebourne
(jj) Global Streets
(kk) Greenbelt
(ll) Greenwich and Docklands International Festival
(mm) Green Man
(nn) Harrogate International Festivals
(oo) Hay Festival Foundation Ltd
(pp) Huddersfield Contemporary Music Festival
(qq) Isle of Wight Festival
(rr) Latitude
(ss) Leeds Festival
(tt) Llangollen International Musical Eisteddfod
(uu) London International Festival of Theatre (LIFT)
(vv) Love Supreme
(ww) Manchester International Festival
(xx) Meltdown (Southbank Centre)
(yy) Norfolk & Norwich Festival
(zz) Out There Festival
(aaa) Parklife
(bbb) Reading Festival
(ccc) Shubbak
(ddd) Sonica
(eee) Southbank Centre Festivals
Page 31 of 182
(fff) SPECTRA Festival of Light
(ggg) Summer at Snape
(hhh) Terminal V
(iii) The EFG London Jazz Festival
(jjj) The Great Escape Festival
(kkk) The Royal Edinburgh Military Tattoo
(lll) The Warehouse Project
(mmm) VAULT Festival
(nnn) Wilderness
(ooo) Wireless Festival
(ppp) WOMAD
(qqq) WWE Live.”.
APP ETA1. After “Appendix Visitor: Transit Without Visa Scheme”, insert:
The holder of an ETA will need to obtain permission to enter on arrival in the UK but
can be refused entry if they require an ETA and do not have one.
The ETA application process will open on 25 October 2023 only for Qatari nationals
who intend to travel to the UK on or after 15 November 2023.
The ETA application process will open on 1 February 2024 only for nationals of
Bahrain, Jordan, Kuwait, Oman, United Arab Emirate or Saudi Arabia who intend to
travel to the UK on or after 22 February 2024.
ETA 1.1. An application for an ETA must meet the following requirements:
(a) the application must be made in accordance with the application process on
the gov.uk website using either the mobile application ‘UK ETA’ or the
specified online form: ‘Apply for an ETA to come to the UK’; and
(b) the applicant must provide an email address which can be used by the Home
Page 32 of 182
Office to contact them; and
(d) the applicant must provide, in accordance with the application process, a
passport which satisfactorily establishes their identity and nationality; and
(e) the applicant must provide a facial image in accordance with the application
process and which complies with the rules for digital photos on
‘https://www.gov.uk/photos-for-passports’; and
ETA 1.3. An applicant who is lawfully resident in Ireland and is travelling to the UK
from elsewhere in the Common Travel Area does not need to obtain an ETA.
ETA 1.4. For the purposes of ETA 1.3, a person is lawfully resident in Ireland if they
are resident in, and entitled to reside in, Ireland under any relevant legislation or rules
which apply in Ireland at the time of the ETA application, but a person is not lawfully
resident if they may not leave or attempt to leave Ireland without the consent of an
Irish Minister.
ETA 1.5. An application which does not meet the validity requirements for an ETA
application is invalid and must be rejected and not considered.
(a) the Secretary of State has personally directed that the applicant be excluded
from the UK; or
Page 33 of 182
(b) the applicant is the subject of an exclusion order; or
(c) the applicant is the subject of a deportation order, or a decision to make a
deportation order.
Criminality grounds
ETA 2.2. An application for an ETA must be refused where the applicant:
(a) has been convicted of a criminal offence in the UK or overseas for which they
have received a custodial sentence of 12 months or more; or
(b) has been convicted of a criminal offence in the UK or overseas unless more
than 12 months have passed since the date of conviction.
Non-conducive grounds
ETA 2.3. An application for an ETA must be refused where the applicant’s presence
in the UK is not conducive to the public good because of their conduct, character,
associations or other reasons (including convictions which do not fall within the
criminality grounds).
ETA 2.4. An application for an ETA must be refused if, when they were aged 18 or
over, the applicant:
ETA 2.5. An application for an ETA must be refused where, in relation to the current
or a previous ETA application:
(a) false representations were made, or false documents or false information was
submitted (whether or not relevant to the application, and whether or not to
the applicant’s knowledge); or
(b) relevant facts were not disclosed.
ETA 2.6. An application for an ETA must be refused where a relevant NHS body has
Page 34 of 182
notified the Secretary of State that the applicant has failed to pay charges under
relevant NHS regulations on charges to overseas visitors and the outstanding charges
have a total value of at least £500.
ETA 2.7. An application for an ETA must be refused where the applicant has failed
to pay litigation costs awarded to the Home Office.
ETA 3.1. If the Secretary of State is satisfied the validity requirements are met and
the application is not refused on suitability grounds the applicant will be granted an
ETA; otherwise, the application for an ETA will be refused.
ETA 4.1. An ETA will be valid for 2 years from the date of grant or until the expiry
of the holder’s passport used in the ETA application, whichever is sooner.
ETA 4.2. A person holding a valid ETA may make multiple journeys to the UK, for
the purpose of seeking permission to enter on arrival as either:
Cancellation of an ETA
(a) the Secretary of State has personally directed that the applicant be excluded
from the UK; or
(b) the applicant is the subject of an exclusion order; or
(c) the applicant is the subject of a deportation order, or a decision to make a
deportation order.
ETA 5.2. An ETA held by a person must be cancelled where the person:
(a) has been convicted of a criminal offence in the UK or overseas for which they
have received a custodial sentence of 12 months or more; or
Page 35 of 182
(b) has been convicted of a criminal offence in the UK or overseas unless more
than 12 months has passed since the date of conviction
ETA 5.3. An ETA held by a person must be cancelled where the person’s presence in
the UK is not conducive to the public good because of their conduct, character,
associations or other reasons (including convictions which do not fall within the
criminality grounds).
ETA 5.4. An ETA held by a person must be cancelled if, when they were aged 18 or
over, the holder:
ETA 5.5. An ETA held by a person must be cancelled where in relation to an ETA
application:
ETA 5.6. An ETA held by a person must be cancelled where a relevant NHS body
has notified the Secretary of State that the holder has failed to pay charges under
relevant NHS regulations on charges to overseas visitors and the outstanding charges
have a total value of at least £500.
ETA 5.7. An ETA held by a person must be cancelled where the holder has failed to
pay litigation costs awarded to the Home Office.”.
Page 36 of 182
Changes to Appendix Student
“ST 32.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“GR 11.1. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
APP SW1. In the introductory text, after “to work in the UK”, insert “, including
in UK waters,”.
APP SW2. In SW 4.2 (the table), SW 8.2(a), SW 14.3, SW 24.3 (the table) and
SW 24.4(a), for “£25,600”, substitute “£26,200”, in each place it
occurs.
APP SW3. In SW 4.2 (the table), SW 9.6(a) and SW 14.3, for “£23,040”,
substitute “£23,580”, in each place it occurs.
Page 37 of 182
APP SW6. After SW 5.6, insert:
“SW 5.6A. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
APP SW7. In SW 5.7, for “SW 5.1. to SW 5.6”, substitute “SW 5.1. to SW 5.6A”.
APP SW8. In SW 14.3, after “more than 48 hours a week,”, insert “subject to SW
14.3A,”.
APP SW10. In SW 14.4(a), for “39”, substitute “37.5” in each place it occurs.
“SW 29.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
Page 38 of 182
APP SW14. For SW 39.3, substitute:
“SW 39.3. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
“Table 1: Eligible occupation codes where going rates are based on Annual
Survey of Hours and Earnings (ASHE) data
Going rates in Table 1 are per year and based on a 37.5-hour working week. They
must be pro-rated for other working patterns, based on the weekly working hours
stated by the applicant’s sponsor. Options A to F refer to the tradeable points options
set out in Appendix Skilled Worker.
1115 Chief • Chief executive £59,300 £53,370 £47,440 £41,510 Yes Yes
executives and • Chief medical (£30.41 (£27.37 (£24.33 (£21.29
senior officials officer per hour) per hour) per hour) per hour)
• Civil servant
(grade 5 and
above)
• Vice president
Page 39 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
(manufacturing)
• Production
manager
1133 Purchasing • Bid manager £35,400 £31,860 £28,320 £24,780 Yes Yes
managers and • Purchasing (£18.15 (£16.34 (£14.52 (£12.71
directors manager per hour) per hour) per hour) per hour)
Page 40 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
1150 Financial • Bank manager £33,900 £30,510 £27,120 £23,730 Yes Yes
institution • Insurance (£17.38 (£15.65 (£13.91 (£12.17
managers and manager per hour) per hour) per hour) per hour)
directors
Page 41 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
1161 Managers • Fleet manager £30,500 £27,450 £24,400 £21,350 Yes Yes
and directors in • Transport (£15.64 (£14.08 (£12.51 (£10.95
transport and manager per hour) per hour) per hour) per hour)
distribution
1173 Senior • Fire service £36,400 £32,760 £29,120 £25,480 Yes Yes
officers in fire, officer (£18.67 (£16.80 (£14.93 (£13.07
ambulance, (government) per hour) per hour) per hour) per hour)
prison and • Prison governor
related services • Station officer
(ambulance
service)
Page 42 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
1184 Social • Care manager £31,500 £28,350 £25,200 £22,050 Yes Yes
services (local (£16.15 (£14.54 (£12.92 (£11.31
managers and government: per hour) per hour) per hour) per hour)
directors social services)
• Service
manager (welfare
services)
Page 43 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
(boarding, guest,
lodging house)
Page 44 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Travel agency
owner
• Travel manager
Page 45 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 46 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
manager
(entertainment)
2114 Social and • Anthropologist £25,600 £23,040 £20,480 £17,920 Yes Yes
humanities • Archaeologist (£13.13 (£11.82 (£10.50 (£9.19
scientists • Criminologist per hour) per hour) per hour) per hour)
• Epidemiologist
Page 47 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Geographer
• Historian
• Political
scientist
• Social scientist
2119 Natural and • Operational £34,600 £31,140 £27,680 £24,220 Yes Yes
social science research scientist (£17.74 (£15.97 (£14.19 (£12.42
professionals not• Research per hour) per hour) per hour) per hour)
elsewhere associate
classified (medical)
• Research fellow
For Skilled • Researcher
Worker purposes, • Scientific
occupation code officer
2119 includes • Scientist
researchers in • Sports scientist
research • University
organisations researcher
other than
universities.
Page 48 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
engineer
Page 49 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
engineer
(professional)
• Microwave
engineer
•
Telecommunicati
ons engineer
(professional)
2126 Design and • Clinical £34,100 £30,690 £27,280 £23,870 Yes Yes
development engineer (£17.49 (£15.74 (£13.99 (£12.24
engineers • Design per hour) per hour) per hour) per hour)
engineer
• Development
engineer
• Ergonomist
• Research and
development
engineer
Page 50 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
classified • Food
technologist
• Metallurgist
• Patent agent
• Project
engineer
• Scientific
consultant
• Technical
engineer
• Technologist
• Traffic engineer
Page 51 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Project leader
(software design)
2137 Web design • Internet £26,800 £24,120 £21,440 £18,760 Yes Yes
and development developer (£13.74 (£12.37 (£10.99 (£9.62
professionals • Multimedia per hour) per hour) per hour) per hour)
developer
• Web design
consultant
Page 52 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Web designer
Page 53 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
engineer
Page 54 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
lecturer
2319 Teaching • Adult education £22,400 £20,160 £17,920 £15,680 Yes Yes
and other tutor (£11.49 (£10.34 (£9.19 (£8.04
educational • Education per hour) per hour) per hour) per hour)
professionals not consultant
elsewhere • Music teacher
classified • Nursery
manager (day
nursery)
• Owner
Page 55 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
(nursery:
children’s)
• Private tutor
• TEFL
2413 Solicitors • Managing clerk £33,700 £30,330 £26,960 £23,590 Yes Yes
(qualified (£17.28 (£15.55 (£13.83 (£12.10
solicitor) per hour) per hour) per hour) per hour)
• Solicitor
• Solicitor-
partner
• Solicitor to the
council
Page 56 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 57 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
(security
services)
• Project
manager
• Research
support officer
2426 Business • Crime analyst £31,100 £27,990 £24,880 £21,770 Yes Yes
and related (police force) (£15.95 (£14.35 (£12.76 (£11.16
research • Fellow per hour) per hour) per hour) per hour)
professionals (research)
• Games
researcher
(broadcasting)
• Inventor
2429 Business, • Civil servant £37,500 £33,750 £30,000 £26,250 Yes Yes
research and (grade 6, 7) (£19.23 (£17.31 (£15.38 (£13.46
administrative • Company per hour) per hour) per hour) per hour)
professionals not secretary
elsewhere (qualified)
classified • Policy adviser
(government)
• Registrar
(government)
Page 58 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
2432 Town • Planning officer £27,700 £24,930 £22,160 £19,390 Yes Yes
planning officers (local (£14.21 (£12.78 (£11.36 (£9.94
government: per hour) per hour) per hour) per hour)
building and
contracting)
• Town planner
• Town planning
consultant
Page 59 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 60 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• University
librarian
Page 61 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
health • Environmental per hour) per hour) per hour) per hour)
professionals health officer
• Food inspector
• Public health
inspector
• Technical
officer
(environmental
health)
Page 62 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Manager
• Creative
Director
• Projects
Manager
(advertising)
Page 63 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
technician
• Manufacturing
engineer
• Mechanical
technician
Page 64 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Production
technician
Page 65 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Network
administrator
• Systems
administrator
Page 66 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Youth worker
Page 67 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
(welfare
services)
Page 68 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Sculptor
Page 69 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Television
producer
• Theatrical agent
Page 70 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 71 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Petty officer
• Tug master
• Yacht skipper
Page 72 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Commercial
underwriter
• Insurance
inspector
• Mortgage
underwriter
• Underwriter
Page 73 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 74 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Purchasing
consultant
Page 75 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
development manager
managers • Business
development
manager
• Product
development
manager
• Sales manager
Page 76 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
executive officer
(government)
Page 77 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Meat hygiene
inspector
• Trading
standards officer
Page 78 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Secretary
(research
association)
• Trade union
official
Page 79 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Sales office
manager
Page 80 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Assistant
(agriculture)
• Nurseryman
Page 81 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Moulder (metal
trades)
• Pipe Maker
(foundry)
Page 82 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 83 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
repairers • Instrument
maker
• Instrument
mechanic
• Instrument
technician
• Optical
technician
• Precision
engineer
• Watchmaker
Page 84 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Motor vehicle
technician
• Technician
(motor vehicles)
• Vehicle
technician
Page 85 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
mechanic
• Maintenance
engineer
(aircraft)
Page 86 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
ons engineers service engineer per hour) per hour) per hour) per hour)
(telecommunicati
ons)
• Installation
engineer
(telecommunicati
ons)
• Network officer
(telecommunicati
ons)
•
Telecommunicati
ons engineer
• Telephone
engineer
Page 87 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 88 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 89 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 90 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Paper hanger per hour) per hour) per hour) per hour)
• Ship sprayer
• Wood stainer
Page 91 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Shoe machinist
• Shoe repairer
Page 92 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 93 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
• Head chef per hour) per hour) per hour) per hour)
• Pastry chef
Page 94 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 95 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 96 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 97 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 98 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Page 99 of 182
Occupation Related job Going 90% of 80% of 70% of Eligible Eligible
Code titles rate (SW going going going rate for for
– option rate (SW rate (SW (SW - PhD GBM
A, GBM - option - options option E, points and
and SCU B) C and D) GTR - (SW)? SCU?
- minimum
minimum rate)
rate)
Table 2: Eligible health and education occupation codes where going rates are
based on national pay scales
Occupation codes in Table 2 are eligible for the Global Business Mobility and Scale-
up routes unless otherwise stated.
Occupation Related job Going rate (annual) National pay scale source
code titles
• General £29,384
practitioner • Foundation year 2
• Medical (F2) and equivalent:
practitioner £34,012
• Paediatrician • Specialty registrar
• Psychiatrist (StR) at ST/CT1-2 and
• Radiologist equivalent: £40,257
• Surgeon • Specialty registrar
(StR) at CT3/ST3-5:
£51,017
Other medical
professionals:
• Specialty doctor and
equivalent: £50,373
• Salaried General
practitioner (GP) and
equivalent: £65,070
• Specialist doctor and
equivalent: £80,693
• Consultant and
equivalent: £88,364
2211 Medical • Anaesthetist Medical professionals NHS Pay and Conditions Circular:
practitioners • Consultant on the NHS junior PCS(DD)2022/01
(Scotland) (Hospital doctor contract:
Service) • Foundation year 1
• Doctor (F1) and equivalent:
• General £27,653
practitioner • Foundation year 2
Other medical
professionals:
• Specialty doctor and
equivalent: £45,978
• Salaried General
practitioner (GP) and
equivalent: £66,031
• Consultant and
equivalent: £91,474
Other medical
professionals:
• Specialty doctor and
equivalent: £35,408
• Salaried General
practitioner (GP) and
equivalent: £66,676
• Consultant and
equivalent: £86,063
above £40,597
Other medical
professionals:
• Specialty doctor (new
2021 contract) and
equivalent: £45,344
• Salaried General
practitioner (GP) and
equivalent: £66,013
• Specialist (new 2021
contract) and
equivalent): £79,894
• Consultant and
equivalent: £88,799
manager
• Pharmaceutical
chemist
• Pharmacist
• Pharmacy
manager
2215 Dental • Dental surgeon • Dental foundation NHS Employers Pay and
practitioners • Dentist training and Conditions Circular MD-3-2022
(England) • Orthodontist equivalent: £34,728 (nhsemployers.org)
• Periodontist (35-hour week)
• Dental core training
(hospital dental
services) and
equivalent: £40,257
(35-hour week)
• Dental specialty
training and
equivalent: £51,017
(35-hour week)
• Band A posts (for
example, Community
practitioner) and
equivalent: £44,955
(37.5-hour week)
• Band B posts (for
example, Senior dental
officer) and equivalent:
£69,930 (37.5-hour
week)
• Band C posts (for
example, Specialist /
managerial posts) and
equivalent: £83,666
(37.5-hour week)
• Consultant and
equivalent: £88,364
(40-hour week)
2215 Dental • Dental surgeon • Dental foundation NHS Pay and Conditions Circular:
practitioners • Dentist training (Hospital PCS(DD)2022/01
(Scotland) • Orthodontist dental services) known
• Periodontist as Vocational Training
in Scotland: £35,246
(based on a 35-hour
week)
• Dental core training
and equivalent:
£40,509
• Band A posts (for
example, Community
practitioner) and
equivalent: £46,310
• Band B posts (for
example, Senior dental
officer) and equivalent:
£72,037
• Band C posts (for
example, Specialist /
managerial posts) and
equivalent: £86,187
2215 Dental • Dental surgeon • Dental foundation Welsh Government Pay Circular
practitioners • Dentist training (Hospital M&D(W) 02/2022
(Wales) • Orthodontist dental services) and
• Periodontist equivalent: £34,380
• Dental core training
and equivalent:
£39,958
• Band A posts (for
example, Community
practitioner) and
equivalent: £44,957
• Band B posts (for
example, Senior dental
officer) and equivalent:
£69,932
• Band C posts (for
example, Specialist /
managerial posts) and
equivalent: £83,671
• Consultant and
equivalent: £86,063
stated by the
applicant’s sponsor.
2215 Dental • Dental surgeon • Dental foundation Workforce policy guidance 2022 -
practitioners • Dentist year two training HSC Circular (TC8) 03/2022 - Pay
(Northern • Orthodontist (Hospital dental and Conditions of Service for
Ireland) • Periodontist services) and Hospital, Medical and Dental Staff
equivalent: £33,133 - Pay Award 2022/23
• Dental specialty
training and
equivalent: £35,405
(40-hour week)
• Community Dental
Officer and equivalent:
£44,957 (37.5-hour
week)
• Senior community
dental officer) and
equivalent: £69,933
(37.5-hour week)
• Specialist
Community Dentist:
£83,666 (37.5-hour
week)
• Assistant Community
Clinical Director:
£83,666 (37.5-hour
week)
• Clinical Director:
£83,666 (37.5-hour
week)
• Administrative
dentists: Dental
Officer: £41,262 (37-
hour week)
• Senior Dental
Officer: £58,962 (37-
hour week),
• Assistant clinical
Director: £78,350 (37-
hour week)
• Clinical Director:
£78,350 (37-hour
week)
• Consultant Northern
Ireland: £88,799 (40-
hour week)
2217 Medical • Medical See relevant pay band NHS Agenda for
radiographers radiographer in Table 3 Change: England, Scotland, Wales
• Radiographer , Northern Ireland
• Sonographer
• Therapeutic
radiographer
• Vascular
technologist
2218 Podiatrists • Chiropodist See relevant pay band NHS Agenda for
• Chiropodist- in Table 3 Change: England, Scotland, Wales
podiatrist , Northern Ireland
• Podiatrist
2219 Health • Audiologist See relevant pay band NHS Agenda for
professionals • Dental hygiene in Table 3 Change: England, Scotland, Wales
not elsewhere therapist , Northern Ireland
classified • Dietician-
nutritionist
• Family planner
• Occupational
health adviser
• Paramedical
practitioner
2223 Speech • Language See relevant pay band NHS Agenda for
and language therapist in Table 3 Change: England, Scotland, Wales
therapists • Speech and , Northern Ireland
language
therapist
• Speech
therapist
2229 Therapy • Art therapist See relevant pay band NHS Agenda for
professionals • Chiropractor in Table 3 Change: England, Scotland, Wales
not elsewhere • Cognitive , Northern Ireland
classified behavioural
therapist
• Dance
movement
therapist
• Family
therapist
• Nutritionist
• Osteopath
• Psychotherapist
2231 Nurses • District nurse See relevant pay band NHS Agenda for
• Health visitor in Table 3 Change: England, Scotland, Wales
• Mental health , Northern Ireland
practitioner
• Nurse
• Practice nurse
• Psychiatric
nurse
• Staff nurse
• Student nurse
2232 Midwives • Midwife See relevant pay band NHS Agenda for
• Midwifery in Table 3 Change: England, Scotland, Wales
sister , Northern Ireland
2314 Secondary • Deputy head See relevant pay rate in Teachers’ national pay scales
education teacher Table 4
teaching (secondary
professionals school)
• Secondary
school teacher
• Sixth form
teacher
• Teacher
(secondary
school)
2315 Primary • Deputy head See relevant pay rate in Teachers’ national pay scales
and nursery teacher (primary Table 4
education school)
teaching • Infant teacher
professionals • Nursery school
teacher
• Primary school
teacher
2316 Special • Deputy head See relevant pay rate in Teachers’ national pay scales
needs education teacher (special Table 4
teaching school)
professionals • Learning
support teacher
• Special needs
coordinator
• Special needs
teacher
2442 Social • Psychiatric See relevant pay band NHS Agenda for
workers social worker in Table 3 Change: England, Scotland, Wales
• Senior , Northern Ireland
practitioner
(local
government:
social services)
• Social worker
3218 Medical • Cardiographer See relevant pay band NHS Agenda for
and dental • Dental in Table 3 Change: England, Scotland, Wales
technicians (not hygienist , Northern Ireland
eligible for • Dental
GBM or SCU) technician
• Medical
technical officer
• Orthopaedic
technician
3219 Health • Acupuncturist See relevant pay band NHS Agenda for
associate • Homeopath in Table 3 Change: England, Scotland, Wales
professionals • Hypnotherapist , Northern Ireland
not elsewhere • Massage
classified (not therapist
eligible for • Reflexologist
6141 Nursing • Auxiliary nurse See relevant pay band NHS Agenda for
auxiliaries and • Health care in Table 3 Change: England, Scotland, Wales
assistants (not assistant , Northern Ireland
eligible for (hospital service)
GBM or SCU) • Health care
support worker
• Nursing
assistant
• Nursing
auxiliary
6143 Dental • Dental assistant See relevant pay band NHS Agenda for
nurses (not • Dental nurse in Table 3 Change: England, Scotland, Wales
eligible for • Dental nurse- , Northern Ireland
GBM or SCU) receptionist
• Dental surgery
assistant
Going rates in Table 3 are per year and based on a 37.5-hour week. They must be
pro-rated for other working patterns, based on the weekly working hours stated by the
applicant’s sponsor.
Going rates in Table 4 are per year and based on the definition of a full-time teacher
used when determining these pay scales. They must be pro-rated for other working
patterns, based on the weekly working hours stated by the applicant’s sponsor.
Chartered - - - - £43,650 - -
teachers
Principal - - - - £46,158 - -
teachers
practitioner
”.
“SNR 5.6A. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“; or
(vi) jury service; or
(vii) attending court as a witness.”.
APP GBM4. In SNR 8.2, after “more than 48 hours a week,”, insert “subject to SNR
8.2A,”.
APP GBM6. In SNR 9.1, GTR 9.1 and UKX 9.1, for “39”, substitute “37.5”, in each
place it occurs.
“SNR 17.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“GTR 5.5A. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
APP GBM12. In GTR 8.2, after “more than 48 hours a week,”, insert “subject to
GTR 8.3,”.
substitute:
“The applicant must show that the relationship meets the relationship
requirements as specified in Appendix Relationship with Partner.”.
“UKX 5.5A. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“(b) have worked outside the UK for the sponsor group for a
cumulative period of at least 12 months, unless the applicant is either:
“; or
(vi) jury service; or
(vii) attending court as a witness.”.
APP GBM21. In UKX 8.2, after “more than 48 hours a week,”, insert “subject to
UKX 8.3,”.
“UKX 17.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“SSU 5.6A. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“; or
(vi) jury service; or
(vii) attending court as a witness.”.
“SSU 17.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“SEC 5.6A. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“; or
(vi) jury service; or
(vii) attending court as a witness.”.
“SEC 15.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“MOR 5.4. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“MOR 21.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“MOR 30.2. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
“The applicant must show that the relationship meets the relationship
requirements as specified in Appendix Relationship with Partner.”.
“ROB 33.3. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
“UKA 21.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“UKA 30.2. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
“satisfy the endorsing body that they have either been recognised as an
exceptional talent, or someone with exceptional promise, in the field of
arts and culture and”.
(a) a CV which sets out their professional arts and culture career to
date; and
(b) 3 dated letters of recommendation supporting the Global talent
application of which:
APP GT5. In GTE 3.3(c), after “of proof of”, insert “professional”.
APP GT7. In GTE 3.4(c), after “of proof of”, insert “professional”.
“satisfy the endorsing body that they have either been recognised as an
exceptional talent, or someone with exceptional promise, in the field
of architecture and”.
“satisfy the endorsing body that they have either been recognised as an
exceptional talent, or someone with exceptional promise, in the field
of fashion design and”.
APP GT13. In GTE 6.1.(d), for “international sales and a specified combination of
awards”, substitute:
APP GT14. In GTE 7.2.(b)(iv), after “would”, insert “be expected to”.
(a) satisfy the endorsing body that they have either been
recognised as an exceptional talent, or someone with
exceptional promise, in the field of digital technology in the
last 5 years; and
“; and
“; or
(h) Representative of an Overseas Business.”.
“GT 19.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“GT 27.4. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
“
Olivier Award – Best Play Author Society of London Theatre
Olivier Award – Best Actor Society of London Theatre
Olivier Award – Best Actress Society of London Theatre
Olivier Award – Outstanding Achievement in Dance Society of London Theatre
Olivier Award – Best Director Society of London Theatre
Olivier Award – Outstanding Achievement in Opera Society of London Theatre
Olivier Award – Outstanding Achievement in Music Society of London Theatre
Olivier Award – Best Theatre Choreographer Society of London Theatre
”
substitute:
“
Olivier Award – Best Actor Society of London Theatre
Olivier Award – Best Actress Society of London Theatre
Olivier Award – Best Director Society of London Theatre
Olivier Award – Best Original Score or New Society of London Theatre
Orchestrations
Olivier Award – Best Theatre Choreographer Society of London Theatre
Olivier Award – Outstanding Achievement in Dance Society of London Theatre
“
Golden Globes – Best Actor in a Motion Picture Hollywood Foreign Press
Association
Golden Globes – Best Actor in a TV Motion Picture Hollywood Foreign Press
Association
Golden Globes – Best Actor Musical/Comedy Hollywood Foreign Press
Association
Golden Globes – Best Actress in a Motion Picture Hollywood Foreign Press
Association
Golden Globes – Best Actress in a TV Motion Hollywood Foreign Press
Picture Association
Golden Globes – Best Actress in a Motion Picture Hollywood Foreign Press
Association
Golden Globes – Best Director of a Motion Picture Hollywood Foreign Press
Association
Golden Globes – Best Screenplay of a Motion Hollywood Foreign Press
Picture Association
Golden Globes – Best Supporting Actor Motion Hollywood Foreign Press
Picture Association
Golden Globes – Best Supporting Actress in a Hollywood Foreign Press
Motion Picture Association
Golden Globes – Best Supporting Actor Television Hollywood Foreign Press
Association
Golden Globes – Best Supporting Actor Television Hollywood Foreign Press
Association
Golden Globes – Best TV Actor Drama Hollywood Foreign Press
Association
Golden Globes – Best TV Actor Musical/Comedy Hollywood Foreign Press
Association
Golden Globes – Best TV Actress Drama Hollywood Foreign Press
Association
Golden Globes – Best TV Actress Musical/Comedy Hollywood Foreign Press
Association
”
substitute:
APP GTPP3. In the heading of Table 6, after “humanities”, insert “, social science”.
“
Robert Koch Medal and Award Robert Koch Foundation
Silver Medal Royal Academy of Engineering
”
substitute:
“HPI 13.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
APP SCU1. In the table after SCU 4.3., for “SCU 5.5” substitute “SCU 5.6”.
“SCU 5.6. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
APP SCU3. In SCU 7.1(a), SCU 8.1, SCU 8.2 and SCU 18.1 to SCU 18.3, for
“£33,000”, substitute “£34,600”, in each place it occurs.
APP SCU6. In SCU 7.4, after “more than 48 hours a week,”, insert “subject to SCU
7.4A,”.
(b) any unpaid rest weeks will count towards the average when
considering whether the salary thresholds are met; and
(c) any unpaid rest weeks will not count as absences from
employment for the purpose of paragraph 9.30.1 in Part 9 of
these rules.
(a) (the going rate for the occupation code stated in Table 1 of
Appendix Skilled Occupations) x (the number of weekly
working hours stated by the sponsor ÷ 37.5)
(b) the applicant’s full weekly hours will be included when
checking their salary against the going rate, even if they work
more than 48 hours a week.”.
“SCU 8.1. The applicant must, during at least 50% of their most recent
permission as a Scale-up Worker (for example, an applicant with 2
years’ permission as a Scale-up Worker must have had this level of
earnings during at least 12 months of that permission), have had
monthly PAYE earnings in the UK equivalent to at least:
“SCU 8.2. For the purpose of meeting the requirement in SCU 8.1,
periods of absence from work for any of the following reasons will be
treated as periods during which the applicant was paid at the required
level:
Providing at the time the absence starts the applicant’s job had PAYE
earnings equivalent to at least:
“SCU 18.2. The applicant must, during at least 24 months of the three
years immediately before the date of application, have had monthly
PAYE earnings in the UK equivalent to at least:
“SCU 18.3. For the purpose of meeting the requirement in SCU 18.2,
periods of absence from work, for any of the following reasons will be
treated as periods during which the applicant was paid at the required
level:
Providing at the time the absence starts the applicant’s job had PAYE
earnings equivalent to:
“SCU 23.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“SCU 32.2. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
APP SU1. In the introduction, after “The Start-up route is for a person seeking to
establish a business in the UK for the first time.” insert:
“From 13 April 2023 this route is only available to those who hold a
valid Start-up endorsement issued before the 13 April 2023.
From 13 July 2023 the Start-up route will be closed to all new
applications.”.
“SU 16.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
The Innovator Founder route is for a person seeking to establish a business in the UK
based on an innovative, viable and scalable business idea they have generated, or to
which they have significantly contributed.
An applicant must have a key role in the day-to-day management and development of
the business.
INNF 1.2. An application for entry clearance or permission to stay on the Innovator
Founder route must meet all the following validity requirements:
(a) any fee and Immigration Health Charge must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which
satisfactorily establishes their identity and nationality; and
(d) the applicant must have been issued with an endorsement letter by an
endorsing body no more than 3 months before the date of application and that
endorsement must not have been withdrawn.
INNF 1.3. The applicant must be aged 18 or over on the date of application.
INNF 1.4. If the applicant has in the 12 months before the date of application
INNF 1.5. A person applying for permission to stay must be in the UK and must not
have, or have last been granted, permission:
(a) as a Visitor; or
(b) as a Short-term Student; or
(c) as a Parent of a Child Student; or
(d) as a Seasonal Worker; or
(e) as a domestic worker in a private household; or
(f) outside the Immigration Rules.
INNF 1.6. An application which does not meet all the validity requirements for an
Innovator Founder is invalid and may be rejected and not considered.
INNF 2.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
INNF 2.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that
period of overstaying will be disregarded; or
(b) on immigration bail.
INNF 3.1. A person seeking to come to the UK as an Innovator Founder must apply
for and obtain entry clearance as an Innovator Founder before they arrive in the UK.
INNF 3.2. A person applying for entry clearance as an Innovator Founder must, if
paragraph A39 and Appendix T of these rules apply, provide a valid medical
certificate confirming that they have undergone screening for active pulmonary
tuberculosis and that this tuberculosis is not present in them.
(a) the name of the Endorsing Body or Legacy Endorsing Body; and
(b) their endorsement reference number; and
(c) the date of issue, which must be no earlier than 3 months before the date of
application; and
(d) the applicant’s name, date of birth, nationality and passport number; and
(e) the name and contact details (telephone number, email and workplace address
of an individual at the Endorsing Body or Legacy Endorsing Body who will
verify the contents of the letter to the Home Office if requested.
INNF 6.2. An endorsement letter from a Legacy Endorsing Body must meet the
requirements set out in INNF 7.1. and INNF 7.2.
INNF 6.3. An endorsement letter from an Endorsing Body must confirm that:
(a) the endorsement letter was issued by the Legacy Endorsing Body before 13
April 2023 for use in the Innovator route; or
(b) the applicant previously had permission under the Start-up route and the
Endorsing Body for that previous permission is the same as the Legacy
Endorsing Body supporting the current application.
(a) the applicant has or, in the 12 months immediately prior to the date of
application, had permission as an Innovator Founder; and
(b) the Legacy Endorsing Body supporting the current application is the same as
the Endorsing Body for that previous permission.
INNF 8.1. If the applicant is applying under the new business criteria the letter of
endorsement must confirm that the applicant meets the requirements in INNF 8.2. and
INNF 8.3.
(a) have a business plan and have either generated or made a significant
contribution to the ideas in that business plan; and
(b) demonstrate that they will have a day-to-day role in carrying out the business
plan; and
(c) confirm that they will have at least two Contact point meetings with the
INNF 8.3. The applicant must have an innovative, viable and scalable business
venture and they must meet all the following requirements:
(a) the applicant must have a genuine, original business plan that meets new or
existing market needs and/or creates a competitive advantage; and
(b) the applicant’s business plan must be realistic and achievable based on the
applicant’s available resources; and
(c) the applicant must have, or be actively developing, the necessary skills,
knowledge, experience and market awareness to successfully run the business;
and
(d) there must be evidence of structured planning and of potential for job creation
and growth into national and international markets.
INNF 9.1. If the applicant is applying under the same business criteria:
(a) the applicant must have or have last had permission as an Innovator Founder
or on the Start-up or Tier 1 (Graduate Entrepreneur) route; and
(b) the letter of endorsement must confirm that the applicant meets the
requirements of INNF 9.2 to INNF 10.1.
INNF 9.2. The applicant’s business must be a business that has previously been
assessed by an Endorsing Body or Legacy Endorsing Body while the applicant had
permission as an Innovator Founder or on the Start-up or Tier 1 (Graduate
Entrepreneur) route.
(a) if they have or have last had permission as an Innovator Founder, demonstrate
that they have attended at least 2 Contact point meetings with their Endorsing
Body at regular intervals during their period of permission or similar regular
checkpoint assessments with their Legacy Endorsing Body; and
(b) confirm that they will have at least two Contact point meetings with the
endorsing body at regular intervals during their period of permission.
INNF 9.5. The applicant’s business must be registered with Companies House and
the applicant must be listed as a director or member of that business.
INNF 10.1. The applicant must be involved in the day-to-day management and
development of their business.
INNF 11.1. Unless an exemption applies, the applicant must show English language
ability on the Common European Framework of Reference for Languages in all 4
components (reading, writing, speaking and listening) of at least level B2.
INNF 11.2. The applicant must show they meet the English language requirement as
specified in Appendix English Language.
INNF 12.1. If the applicant is applying for permission to stay and has been in the UK
with permission for 12 months or longer on the date of application, they will meet the
financial requirement and do not need to show funds.
INNF 12.2. An applicant who is applying for entry clearance, or who is applying for
permission to stay and has been in the UK for less than 12 months at the date of
application, must have funds of at least £1,270.
INNF 12.3. The applicant must show that they have held the required level of funds
for a 28- day period and as set out in Appendix Finance.
INNF 13.1. If the decision maker is satisfied that all the suitability and the relevant
eligibility requirements for an Innovator Founder are met, the application will be
granted; otherwise, the application will be refused.
INNF 13.2. If the application is refused the person may apply for an Administrative
Review under Appendix AR: Administrative Review
INNF 14.3. In INNF 14.2.(b), working for the business(es) does not include any
apprenticeship or any work pursuant to a contract of service, whether express or
implied and whether oral or written, with another business, (which means successful
applicants cannot fill a position or hire their labour to another business, even if the
work is undertaken through contracting with the applicant’s own business or through
a recruitment or employment agency).
INNF 15.1. A person on the Innovator Founder route who is applying for settlement
must apply online on the gov.uk website on the specified form ‘Settlement
Innovator’.
INNF 15.2. An application for settlement must meet all the following requirements:
INNF 15.3. The applicant must have, or have last been granted, permission as an
Innovator Founder.
INNF 15.4. An application which does not meet all the validity requirements for
settlement for an Innovator Founder is invalid and may be rejected and not
considered.
(a) in breach of immigration laws, except that where paragraph 39E applies, that
period of overstaying will be disregarded; or
(b) on immigration bail.
INNF 17.1. Where the applicant is applying for settlement and their previous
permission was as an Innovator Founder, they must provide an endorsement letter
issued by an Endorsing Body, or Legacy Endorsing Body which includes all of the
following information:
(a) confirmation that the applicant has shown significant achievements, judged
against the business plan assessed in their previous endorsement; and
(b) confirmation that the applicant’s business is registered with Companies House
and the applicant is listed as a director or member of that business; and
(c) confirmation the business is active and trading; and
(d) confirmation that the business appears to be sustainable for at least the
following 12 months, based on its assets and expected income, weighed
against its current and planned expenses; and
(e) confirmation the applicant has demonstrated an active key role in the day-to-
day management and development of the business; and
(f) confirmation the applicant’s business venture has met at least two of the
following requirements:
(i) at least £50,000 has been invested into the business and actively
spent furthering the business; or
(ii) the number of the business’s customers has at least doubled within
the most recent 3 years and is currently higher than the mean
number of customers for other UK businesses offering comparable
main products or services; or
(iii) the business has engaged in significant research and development
activity and has applied for intellectual property protection in the
UK; or
(iv) the business has generated a minimum annual gross revenue of
£1million in the last full year covered by its accounts; or
(v) the business is generating a minimum annual gross revenue of
£500,000 in the last full year covered by its accounts, with at least
£100,000 from exporting overseas; or
(vi) the business has created the equivalent of at least 10 full-time jobs
for settled workers; or
INNF 17.2. An applicant cannot meet the requirements at INNF 17.1 by relying on
the same criterion twice (for example, an applicant who has invested £100,000 (2 x
£50,000) in their business venture, or who has applied for intellectual property
protection in respect of more than one innovation, will be considered to have met one
criterion, not two).
INNF 17.3. If the business venture has one or more other team members who are
applying for, or have been granted, settlement as an Innovator Founder, they cannot
share the same means of meeting these criteria (for example, if two applicants are
relying on the requirement to have created 10 jobs, 20 jobs must have been created in
total).
INNF 17.4. If the applicant is relying on the criteria for creating jobs in INNF 17.1
(vi) or (vii), the following requirements must be met:
(a) each job must have existed for at least 12 months and comply with all relevant
UK legislation, including (but not limited to) the National Minimum Wage
Act 1998 and the Working Time Regulations 1998; and
(b) each job must involve an average of at least 30 hours of paid work per week,
but two or more part time jobs held by different employees that when
combined add up to 30 hours per week will represent the equivalent of a
single full-time job, as long as each of the jobs has existed for at least 12
months; and
(c) a job will be considered one for a settled worker if the worker met the
definition of settled worker in the rules in force at the time they started the
job, and they remained employed for the whole claimed 12-month period,
even if they ceased to be a settled worker at a later date.
INNF 17.5. A letter of endorsement from a Legacy Endorsing Body will only be
accepted if the Legacy Endorsing Body supporting the current application is the same
as the Endorsing Body that supported the applicant’s last grant of permission.
INNF 18.1. The applicant must have spent at least 3 years in the UK with permission
as an Innovator Founder.
INNF 19.1. The applicant must prove that they have met the continuous residence
requirement as set out in Appendix Continuous Residence for the qualifying period in
INNF 20.1. The applicant must meet the Knowledge of Life in the UK requirement as
set out in Appendix KOL UK.
INNF 21.1. If the decision maker is satisfied all the suitability and eligibility
requirements are met the applicant will be granted settlement, otherwise the
application will be refused.
INNF 21.2. If the requirements for settlement are not met, but the decision maker
believes the applicant is likely to meet all the suitability and eligibility requirements
for permission to stay as an Innovator Founder, the application will be varied by the
Secretary of State and instead be considered as an application for permission to stay
on the Innovator Founder route. Where this happens:
(a) no additional application fee for permission to stay will be required and the
settlement application fee will not be refunded; and
(b) the Secretary of State will write to the applicant informing them of this
variation, and, if required, will request the applicant pay the Immigration
Health Charge, and if the applicant does not pay the requested Immigration
Health Charge, the application for permission to stay will be rejected as
invalid.
INNF 21.4. Where an applicant is granted permission to stay, they will be granted for
the period in INNF 14.1. subject to the conditions at INNF 14.2.
INNF 21.5. If the decision maker is not satisfied that the applicant meets all the
suitability and eligibility requirements for settlement or permission to stay, the
application for settlement will be refused.
INNF 21.6. If the application is refused the person may apply for an Administrative
Review under Appendix AR: Administrative Review.
INNF 22.1. An application as a partner or child on the Innovator Founder route must
be made online on the gov.uk website on the specified form as follows:
(a) any fee and Immigration Health Charge must have been paid; and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other travel document which
satisfactorily establishes their identity and nationality; and
(d) the applicant must be applying as partner or child of a person (P) who:
(i) has made a valid application for entry clearance or permission to stay
on the Innovator Founder route that has not been decided; or
(ii) has entry clearance or permission to stay on the Innovator Founder
route; or
(iii) is settled or has become a British citizen, providing that P had
permission on the Innovator Founder route when they settled and the
applicant either had permission as their partner or child at that time,
or the applicant is applying as a child of P and the applicant was born
in the UK before P settled.
INNF 22.3. A person applying as a partner must be aged 18 or over on the date of
application.
INNF 22.4. A person applying for permission to stay must be in the UK and must not
(a) as a Visitor; or
(b) as a Short-term Student; or
(c) as a Parent of a Child Student; or
(d) as a Seasonal Worker; or
(e) as a Domestic Worker in a Private Household; or
(f) outside the Immigration Rules.
INNF 22.5. An application which does not meet all the validity requirements as a
partner or child on the Innovator Founder route is invalid and may be rejected and not
considered.
Suitability requirements for partner and child on the Innovator Founder route
INNF 23.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
INNF 23.2. If applying for permission to stay the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that
period of overstaying will be disregarded; or
(b) on immigration bail.
Eligibility requirements for a partner and child on the Innovator Founder route
INNF 24.1. A person seeking to come to the UK as a partner or child must apply for
and obtain entry clearance as a partner or child of an Innovator Founder before they
arrive in the UK.
INNF 24.2. A person applying for entry clearance as the partner or child of an
Innovator Founder must, if paragraph A39 and Appendix T of these rules apply,
provide a valid medical certificate confirming that they have undergone screening for
active pulmonary tuberculosis and that this tuberculosis is not present in them.
INNF 25.1. The applicant must be the partner of a person (P) and one of the
following must apply:
INNF 25.2. The applicant must show that the relationship meets the relationship
requirements as specified in Appendix Relationship with Partner.
INNF 26.1. The applicant must be the child of a person (P), or of P’s partner, and one
of the following must apply:
INNF 26.2. The applicant’s parents must each be either applying at the same time as
the applicant, or have permission to be in the UK (other than as a visitor) unless:
(a) the parent applying for or with entry clearance or permission to stay as an
Innovator Founder is the sole surviving parent; or
(b) the parent applying for or with entry clearance or permission to stay as an
Innovator Founder has sole responsibility for the child’s upbringing; or
(c) the parent who does not have permission as an Innovator Founder:
(i) is a British citizen or a person who has a right to enter or stay in the
UK without restriction; and
(ii) is, or will be ordinarily resident, in the UK; or
(iii) the decision maker is satisfied that there are serious and compelling
reasons to grant the child entry clearance or permission to stay with
the parent who is applying for or has entry clearance or permission
on the Innovator Founder route.
INNF 27.1. The applicant must be under the age of 18 at the date of application,
unless they were last granted permission as the dependent child of their parent or
parents.
INNF 27.2. If the applicant is aged 16 or over at the date of application, they must not
be leading an independent life.
INNF 28.1. If the applicant is aged under 18 on the date of application there must be
suitable arrangements for the child’s care and accommodation in the UK, which must
comply with relevant UK legislation and regulations.
INNF 29.1. If the applicant is applying for permission to stay and has been living in
INNF 29.2. If the applicant is applying for entry clearance or has been in the UK for
less than 12 months on the date of application, funds of at least the amount required
in INNF 29.3 must be held collectively by one or more of the following:
(a) £285 for a dependent partner in the UK, or applying for entry clearance; and
(b) £315 for the first dependent child in the UK, or applying for entry clearance;
and
(c) £200 for any other dependent child in the UK, or applying for entry clearance.
INNF 29.4. The funds held must be in addition to any funds required by the Innovator
Founder to meet the financial requirement for any other dependants in the UK or
applying at the same time.
INNF 29.5. If INNF 29.3. applies, the required level of funds must have been held for
a 28-day period and as specified in Appendix Finance.
INNF 30.1. If the decision maker is satisfied that all the suitability and eligibility
requirements are met for a partner or child on the Innovator Founder route the
application will be granted, otherwise the application will be refused.
INNF 30.2. If the application is refused the person may apply for an Administrative
Review under Appendix AR: Administrative Review.
Period and conditions of grant for a partner and child on the Innovator Founder
route
(a) ends on the same date as their partner’s permission as an Innovator Founder;
or
(b) lasts for 3 years if the partner was (or is being) granted settlement as an
Innovator Founder.
INNF 31.3 The grant will be subject to all the following conditions:
Validity requirements for settlement for partner and child on the Innovator
Founder route
INNF 32.1. A partner and child on the Innovator Founder route who is applying for
settlement must apply online on the GOV.UK website on the specified form as
follows:
INNF 32.2. An application for settlement must meet all the following requirements:
INNF 32.3. An application which does not meet all the validity requirements for
settlement as a partner or child on the Innovator Founder route is invalid and may be
rejected and not considered.
INNF 33.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
(a) in breach of immigration laws, except that where paragraph 39E applies, that
period of overstaying will be disregarded; or
(b) on immigration bail.
INNF 34.1. The applicant must be the partner or child of a person (P) where one of
the following applies:
(a) P is, at the same time, being granted settlement as an Innovator Founder; or
(b) P is settled or has become a British citizen, providing P had permission as an
Innovator Founder when they settled and the applicant either:
(a) have last been granted permission as a partner or dependent child of the
person (P) in INN 34.1; or
(b) have been born in the UK and be applying as a child of the person (P) in
INNF 34.1.
INNF 34.3. If applying as a child, the applicant’s other parent must be being granted
settlement at the same time, or be settled or a British citizen, unless:
(a) the person (P) in INNF 34.1. or applying as the partner of the person (P) in
INN 34.1 is the applicant’s sole surviving parent; or
(b) the person (P) in INNF 34.1. or the person applying as the partner of person
(P) in INNF 341 has sole responsibility for the applicant’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to
grant the applicant settlement.
INNF 35.1. The child must be under the age of 18 at the date of application unless
they were last granted permission as the dependent child of their parent or parents.
INNF 35.2. If the applicant is aged 16 or over on the date of application, they must
not be leading an independent life.
INNF 36.1. If the applicant is under the age of 18 on the date of application there
must be suitable arrangements for the child’s care and accommodation in the UK,
which must comply with relevant UK legislation and regulations.
INNF 37.1. The applicant must have spent a continuous period of 5 years in the UK
with permission as a partner of the person (P) in INNF 34.1.
INNF 38.1. The applicant must meet the continuous residence requirement as set out
in Appendix Continuous Residence during the period in INNF 37.1.
INNF 39.1. Unless an exemption applies, the applicant must show English language
ability on the Common European Framework of Reference for Languages in speaking
and listening to at least level B1.
INNF 39.2. The applicant must show they meet the English language requirement as
specified in Appendix English Language.
INNF 40.1. Unless an exemption applies, the applicant must meet the Knowledge of
Life in the UK requirement as set out in Appendix KOL UK.
INNF 41.1. If the decision maker is satisfied all the suitability and eligibility
requirements for settlement as a partner or child of an Innovator Founder are met the
applicant will be granted settlement.
INNF 41.2. If the requirements for settlement are not met, but the decision maker
believes the applicant is likely to meet all the suitability and eligibility requirements
for permission to stay as a partner or child on the Innovator Founder route, the
application will be varied by the Secretary of State to an application for permission to
stay. Where this happens:
(a) no additional application fee for permission to stay will be required and the
settlement application fee will not be refunded; and
(b) the Secretary of State will write to the applicant informing them of this
variation and if required will request the applicant pay any Immigration
Health Charge but if the applicant does not pay the requested Immigration
Health Charge, the application for permission to stay will be rejected as
invalid.
INNF 41.3. Where an applicant is granted permission to stay, they will be granted for
the period in INNF 31.1 (as a partner) or INNF 31.2. (as a child) subject to the
conditions at INNF 31.3.
INNF 41.4. If the decision maker is not satisfied that the applicant meets all the
suitability and eligibility requirements for settlement or permission to stay, the
application for settlement will be refused.
INNF 41.5. If the application is not varied under INNF 41.2. and the application for
settlement is refused the applicant may apply for an Administrative Review under
Appendix AR: Administrative Review.”.
“ISP 5.5. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“ISP 23.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“ISP 32.4. If applying as a partner, the applicant must show that the
relationship meets the relationship requirements as specified in
Appendix Relationship with Partner.”.
“SAW4.1A. The hourly rate only includes guaranteed basic gross pay
(before income tax and including employee pension and national
insurance contributions), and does not include other pay and benefits
(such as those listed in SW 14.2).
APP SAW4. In SAW 4.1C, after “more than 48 hours a week,”, insert “subject to
SAW 4.1D,”.
“SAW 4.3. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
substitute:
APP YMS3. In YMS 1.2, for “on”, substitute “or permission to stay under”.
“YMS 2.2. If applying for permission to stay the applicant must not
be:
APP YMS7. In YMS 3.3, for “The applicant”, substitute “A person applying for
entry clearance”.
APP YMS9. In YMS 4.3, after “places”, insert “for entry clearance applications”.
“YMS 5.4. YMS 5.1. to YMS 5.3. do not apply to applications for
permission to stay on the Youth Mobility Scheme route.”.
APP YMSEN2. In the title “Countries and Territories participating in the Youth
Mobility Scheme…”, for “2022”, substitute “2023”.
“CRV 4.7. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“CRV 13.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“RW 4.6. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“RW 12.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
“CW 4.5. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“The applicant must show that the relationship meets the relationship
requirements as specified in Appendix Relationship with Partner.”.
“IA 4.4. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
APP IA2. In IA 7.8, for “Appendix Domestic Worker Terms and Conditions”,
substitute “Appendix Domestic Worker Statement”.
“IA 25.2. The applicant must show that the relationship meets the
“GAE 5.4. The decision maker must not have reasonable grounds to
believe the job the applicant is being sponsored to do does not comply
with the National Minimum Wage Regulations or the Working Time
Regulations.”.
“GAE 11.1. If the application is for entry clearance, the applicant will
be granted for the period of the role on the Certificate of Sponsorship
plus up to 14 days before and 14 days after that period (the end date of
the Certificate of Sponsorship may be up to the maximum period of
time that a person is permitted to spend in the UK under the terms of
the specific scheme on which the applicant has applied to participate
in, as set out in Appendix GAE schemes).”.
“GAE 15.2. The applicant must show that the relationship meets the
relationship requirements as specified in Appendix Relationship with
Partner.”.
APP GAES1. In the list of schemes, under the entry for “BUNAC Blue Card
Internships –‘Intern in Britain’” in the “Name of Scheme” column,
substitute “BUNAC Blue Card Internships – ‘Intern in Britain’”.
APP GAES2. In the list of schemes, under the entry for “Diplomatic Missions
Interns Scheme”, in the “Scheme” column, for “an agreement”
substitute “a Memorandum of Understanding currently in place”.
APP GAES3. In the list of schemes, under the entry for “Diplomatic Missions
Interns Scheme”, in the “Name of overarching body (sponsor)”
column, insert “Diplomatic missions or consular posts that have a
Memorandum of Understanding currently in place with the FCDO
regarding their participation in this scheme”.
APP GAES5. In the list of schemes, under the entry for “Finance Ministries and
Central Banks schemes”, in the “Scheme” column, substitute:
APP GAES6. In the list of schemes, delete the entries for “British Council Tech
Trainees business internships”, “IAESTE”, “International Defence and
Security Scheme (IDSS)”, “International Fire and Rescue Training
Scheme”, “Jamaica Nursing Exchange” and “Mathematics Teacher
Exchange Programme (England - China)”.
APP GAES7. In the list of schemes, under the entry for “Scottish Government
Interchange Scheme”, in the “Type of scheme and maximum period of
time permitted” column, substitute “Work experience Maximum 12
months”.
APP GAES8. In the list of schemes, under the entry for “European Voluntary
Service (Youth in Action Programme)”, in the “Name of overarching
body (sponsor)” column, substitute “British Council and Ecorys”.
APP GAES9. In the list of schemes, under the entry for “Erasmus”, in the “Name of
overarching body (sponsor)” column, substitute “British Council and
Ecorys”.
“SPS 4.11. The decision maker must not have reasonable grounds to
believe the applicant’s employment in the UK does not comply with
the National Minimum Wage Regulations or the Working Time
Regulations.”.
APP ARAP1. For ARAP 12.1., substitute, “The applicant must be under 18 on the
date of application.”.
APP FRP1. After “Appendix Temporary Permission to Stay for Victims of Human
Trafficking or Slavery”, insert:
FRP 1.1. An application for family reunion must meet the following validity
requirements:
(a) the applicant’s sponsor must currently have protection status in the UK;
and
(b) the applicant’s sponsor must not be a British Citizen; and
(c) the applicant must have made an application for:
(i) permission to stay under Appendix FRP while in the UK in
writing; or
(ii) entry clearance when outside the UK through the gov.uk website
on either: ‘Partner of someone in the UK with protection status
(family reunion)’ or ‘Child of someone in the UK with protection
status (family reunion)’; and
(d) the applicant must have provided any required biometric information.
FRP 1.2. A family reunion application which does not meet the validity requirements
may be rejected as invalid and not considered.
FRP 2.1. An application for family reunion must be refused on suitability grounds
where the Secretary of State:
(a) has at any time decided that paragraph 339AA (exclusion from Refugee
Convention), 339AC (danger to the UK), 339D (exclusion from a grant of
humanitarian protection) or 339GB (revocation of humanitarian protection
on grounds of exclusion) of these rules applies to the applicant; or
FRP 2.2. The applicant must not fall for refusal under Part 9: grounds for refusal.
FRP 3.1 The applicant must satisfactorily establish their identity and nationality.
(a) be the partner of a person (P) who has protection status; and
(b) have formed part of the family unit of P before P left the country of their
habitual residence in order to seek protection; and
(c) where the applicant is not married or in a civil partnership with P they
must also have been living with P for at least 2 years before P left the
country of their former habitual residence in order to seek protection; and
(d) be in a genuine and subsisting relationship with P; and
(e) not be within the prohibited degree of relationship with P which means
they could not marry in the UK as set out in Appendix Relationship with
Partner.
FRP 5.1. The applicant must be the child of a person (P) who has protection status or
of P’s partner.
(a) be under the age of 18 at the date of application or, if they are aged 18 or
over, the decision maker must be satisfied there are exceptional
circumstances (as set out in FRP 6.2.); and
(b) have formed part of the family unit of P before P left the country of their
habitual residence in order to seek protection; and
(c) not be married or in a civil partnership; and
(d) not have formed an independent family unit.
(a) whether the applicant is dependent on the financial and emotional support
of P or P’s partner; and
(b) whether the parent or parents the applicant depends on is in the UK, or
qualifies for family reunion or resettlement and intends to travel to the
UK; and
(c) whether or not the applicant is leading an independent life, has no other
relatives to provide financial or emotional support, and whether they can
access support or employment in the country in which they are living and
whether they would likely become destitute if left on their own.
FRP 7.1. Where an applicant does not meet the requirements for a partner under
FRP.4.1. or for a child under FRP.5.1. to FRP 6.2., the decision maker must
consider, on the basis of the information provided by the applicant, whether there are
exceptional circumstances which would make a refusal of the application a breach of
Article 8 of the ECHR, because such refusal would result in unjustifiably harsh
consequences for the applicant or their family member, whose Article 8 rights it is
evident from the information provided would be affected by a decision to refuse the
application.
FRP 7.2. Where P (in FRP 4.1. and FPR 5.1.) has been granted temporary refugee
permission to stay or temporary humanitarian permission to stay under paragraphs
334 and 339C of Part 11 of these Rules, and the applicant for Family Reunion meets
the relationship requirements for a partner or child, the application will only be
granted where:
(a) a refusal of the application would breach the UK’s obligation under
Article 8 of the ECHR; or
(b) there are insurmountable obstacles to family life continuing elsewhere
other than in the UK and if the applicant is a child, and the decision maker
is satisfied that family reunion in the UK is in the child’s best interests in
line with the Secretary of State’s duty under section 55 of the Borders,
Citizenship and Immigration Act 2009.
FRP 8.1. If the decision maker is satisfied the applicant meets the suitability
requirements and relevant eligibility requirements for Family Reunion, the
FRP 9.1. Where an applicant meets the relevant eligibility requirements in FRP 3.1.to
FRP 6.2., the applicant will be granted permission for a period which expires at the
same time as the permission granted to P.
FRP 9.2. Where an applicant is granted under FRP 7.1. or FRP.7.2(a) (Article 8
ECHR grounds), the permission will be granted for a period which expires at the
same time as the permission granted to P, up to a maximum period of:
(a) 30 months for permission to stay; or
(b) 33 months for entry clearance.
FRP 9.3. The grant will be subject to the same conditions on work, study and access
to public funds as P.”.
This Appendix applies to a child of a non-parent relative who holds protection status
in the UK.
CNP 1.1. An application for a child to stay with or join a UK based non-parent
relative with protection status must meet the following validity requirements:
(a) the applicant’s UK based relative must currently have protection status;
and
(b) the applicant’s UK based sponsor must not be a British Citizen or settled
in the UK; and
(c) the applicant must have made an application for:
(i) permission to stay using the FLR (P) visa application form; or
(ii) entry clearance on the gov.uk website under ‘Child of a non-parent
relative with protection status in the UK.’
(d) the applicant must have paid the required application fee and Immigration
Health Charge (unless the applicant has been granted a fee waiver in
whole or in part); and
(e) the applicant must have provided any required biometric information.
CNP 2.1. An application for a child to stay with or join a non-parent relative with
protection status must be refused on suitability grounds where the Secretary of State:
(a) has at any time decided that paragraph 339AA (exclusion from Refugee
Convention), 339AC (danger to the UK), 339D (exclusion from a grant of
humanitarian protection) or 339GB (revocation of humanitarian protection
on grounds of exclusion) of these rules applies to the applicant; or
(b) has decided that paragraph 339AA, 339AC, 339D or 339GB of these rules
would apply, but for the fact that the person has not made a protection
claim in the UK, or that the person has made a protection claim which was
finally determined without reference to any of the relevant matters
described in paragraphs 339AA, 339AC, 339D or 339GB.
CNP 2.2. The applicant must not fall for refusal under Part 9: grounds for refusal.
(a) the applicant can, and will, be accommodated and maintained adequately by
the UK based relative, without access to public funds and in accommodation
which the relative owns or occupies exclusively; and
(b) there are suitable arrangements for the applicant’s care and accommodation in
the UK, which must comply with relevant UK legislation and regulations; and
(c) there are serious and compelling family or other considerations which make
exclusion of the applicant undesirable.
CNP 3.3. Where an applicant does not meet the eligibility requirements of CNP.3.1.
and CNP 3.2., the decision maker must consider whether a grant of permission to stay
or entry clearance is appropriate based on exceptional circumstances which include
where:
CNP 3.4. Where the applicant does not meet the requirements in CNP 3.1. and CNP
3.2. and the decision maker is not satisfied that there are exceptional circumstances
under CNP 3.3. consideration must be given to whether refusal of the application
would be a breach of Article 8 ECHR, because such a refusal would result in
unjustifiably harsh consequences for the applicant or their family member, whose
Article 8 rights it is evident from the information provided would be affected by a
decision to refuse the application.
CNP 4.1. Where the decision maker is satisfied that the applicant meets the suitability
requirements and the relevant eligibility requirements, the application will be granted
permission to stay if in the UK or entry clearance if outside the UK; otherwise, the
application will be refused.
CNP 5.1. Where an applicant is granted permission to stay with, or entry clearance to
join, a non-parent relative, the grant will be for a period which expires at the same
time as the permission granted to their UK-based relative.
CNP 5.3. Where the applicant is being granted under CNP 3.3. or CNP 3.4. and the
decision maker is satisfied that:
then the applicant will not be subject to a condition of no access to public funds.
CNP 6.1. The validity requirements for settlement as the child of a UK based non-
parent relative are:
(a) the application must be made on the gov.uk website under the ‘Indefinite
leave to remain (refugee, humanitarian protection or discretionary leave)
form; and
(b) the applicant must have, or have last had, permission as the child of a UK
based non-parent relative; and
(c) the UK based relative must be a British Citizen, having been granted
citizenship since the child was originally granted under Appendix CPN, or
present and settled in the UK; and
(d) the applicant must have provided any required biometrics; and
(e) the applicant must have satisfactorily established their identity and
nationality; and
(f) the applicant must have paid the required application fee.
(a) has at any time decided that paragraph 339AA (exclusion from Refugee
Convention), 339AC (danger to the UK), 339D (exclusion from a grant of
humanitarian protection) or 339GB (revocation of humanitarian protection on
grounds of exclusion) of Part 11 of the Rules applies to the applicant; or
(b) has decided that paragraph 339AA, 339AC, 339D or 339GB of Part 11 would
apply, but for the fact that the person has not made a protection claim in the
UK, or that the person has made a protection claim which was finally
determined without reference to any of the relevant matters described in
paragraphs 339AA, 339AC, 339D or 339GB.
CNP 7.2. The applicant must not fall for refusal under Part 9: grounds for refusal.
CNP 9.1. Where the applicant is under the age of 18 on the date of application for
settlement, there must be suitable arrangements for the child’s care and
accommodation in the UK, which must comply with relevant UK legislation and
regulations.
CNP 10.1. The applicant must be under the age of 18 on the date of application for
settlement, unless they were last granted permission as the child of a UK based non-
parent relative.
CNP 10.2. If the applicant is aged 16 or over on the date of application, they must not
be leading an independent life or have formed an independent family life.
CNP 11.1. Unless an exemption applies (for example if the applicant is aged under
18), the applicant must show English language ability on the Common European
Framework of Reference for Languages in speaking and listening to at least level B1.
CNP 11.2. Unless an exemption applies, the applicant must show they meet the
English language requirement as specified in Appendix English Language.
CNP 12.1. Unless an exemption applies (for example, if the applicant is aged under
18), the applicant must meet the Knowledge of Life in the UK requirement as set out
in Appendix KOL UK.
CNP 13.1. If the decision maker is satisfied all the suitability and eligibility
requirements are met for settlement as a child of a UK based non-parent relative, the
application for settlement will be granted.
CNP 13.2. If the applicant meets the eligibility requirements for settlement but does
not meet the suitability requirements for settlement the applicant may be granted a
further period of permission to stay which does not exceed 30 months and subject the
same conditions as in CNP 5.1. to CPN 5.4; otherwise, the application for settlement
will be refused.
CNP 13.3. If the application for settlement is refused the person can apply for an
Administrative Review under Appendix AR: Administrative Review.”.
The Adult Dependent Relative route is for a person aged 18 or over who is sponsored
by a relative in the UK (who must be a British Citizen, settled in the UK, have
protection status or be a specified EEA national who has permission under Appendix
EU) and where the sponsor is able to maintain, accommodate and care for the
applicant without reliance on public funds.
The applicant must require long-term personal care to perform everyday tasks due to
age, illness or disability and that care must be either not available or not affordable
in the country where the applicant is living.
The applicant must apply for and obtain entry clearance as an Adult Dependent
Relative before their arrival in the UK.
There is a separate route for an Adult Dependent Relative of a BN(O) Status Holder
under Appendix Hong Kong British National (Overseas).
ADR 1.1. A person applying for entry clearance or permission to stay as an Adult
Dependent Relative must apply online on the gov.uk website on the specified form as
follows:
(a) for applicants outside the UK, form “Join or accompany a family member”; or
(b) for applicants in the UK, form “Further leave to remain – Immigration Rules”.
(a) any fee and Immigration Health Charge must have been paid (unless the
applicant has been granted a fee waiver in whole or part); and
(b) the applicant must have provided any required biometrics; and
(c) the applicant must have provided a passport or other document which
satisfactorily establishes their identity and nationality; and
(d) the applicant and their sponsor must both be over the age of 18 at the date of
application.
ADR 1.3. An applicant applying for permission to stay must be in the UK on the date
of application and must have, or have last been granted, entry clearance or permission
to stay as an Adult Dependent Relative.
ADR 1.4. An application which does not meet all the validity requirements for the
Adult Dependent Relative route may be rejected and not considered.
ADR 2.1. The applicant must not fall for refusal under the suitability grounds set out
in:
(a) S-EC.1.2 to S-EC.1.8. and S-EC 2.2 to S-EC 3.2. of Appendix FM if applying
for entry clearance; or
(b) S-LTR.1.2. to S-LTR. 2.1 and S-LTR.3.1 to S-LTR.4.5. of Appendix FM if
applying for permission to stay.
ADR 2.2. If applying for permission to stay, the applicant must not be:
(a) in breach of immigration laws, except that where paragraph 39E applies, that
period of overstaying will be disregarded; or
(b) on immigration bail.
ADR 3.1. A person seeking to come to the UK as an Adult Dependent Relative must
apply for and obtain entry clearance as an Adult Dependent Relative before they
arrive in the UK.
ADR 3.2. A person applying for entry clearance as an Adult Dependent Relative
must, if paragraph A39 and Appendix T of these rules apply, provide a valid medical
certificate confirming that they have undergone screening for active pulmonary
tuberculosis and that this tuberculosis is not present in them.
ADR 4.1. An applicant applying for entry clearance or permission to stay as an Adult
Dependent Relative must be one of the following:
ADR 4.2. The sponsor of the applicant must be one of the following:
ADR 4.3. Where the applicant is applying for permission to stay, the sponsor must be
the same person who sponsored the applicant when they were last granted entry
clearance or permission as an Adult Dependent Relative.
ADR 5.1. The applicant must, as a result of age, illness or disability, require long-
term personal care to perform everyday tasks.
ADR 5.2. If the applicant is the sponsor’s parent or grandparent, the applicant must
not be in a subsisting relationship with a partner, unless that partner is also the
ADR 5.3. Where the application is for entry clearance, the applicant must be unable
to obtain the required level of care in the country where they are living, even with the
financial help of the sponsor because either:
(a) the care is not available and there is no person in that country who can
reasonably provide it: or
(b) the care is not affordable.
ADR. 6.2. The sponsor must provide evidence of income or cash savings sufficient to
show they can meet the financial requirement and:
(a) evidence from income (other than self-employment) or savings must cover the
6 month period immediately before the date of application; or
(b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their
income from salaried employment can be shown for either the 6 months
immediately before the date of application or the start date of the maternity,
paternity, adoption or sick leave; or
(c) where the income is from self-employment it must be shown for the last full
financial year before the date of application, with additional evidence of
ongoing employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-
SE; or
(d) where there is non-employment income it must be shown to have been
received in the 12 months before the date of application except where
specified in paragraph 10 of Appendix FM-SE; or
(e) where property has been sold and the money received has been converted into
cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must
be met.
ADR 6.3. The income or cash savings must be evidenced as specified in paragraphs
1, 12A and 12B of Appendix FM-SE.
ADR 6.4. The sponsor must provide a signed maintenance undertaking confirming
that the applicant will not have access to public funds, and that the sponsor will be
responsible for the maintenance, accommodation and care of the applicant for either:
(a) a period of 5 years from the date the applicant arrives in the UK if the
applicant is to be granted settlement; or
ADR 6.5. If the applicant receives public funds during the period covered by the
maintenance undertaking (see ADR 6.4.) the UK Government may seek to recover
the public funds from the sponsor who gave the undertaking.
ADR 7.1. If the applicant does not meet all the suitability requirements (subject to
ADR 7.2) or does not meet all of the eligibility requirements in ADR 3.1. to ADR
6.4., but the decision maker is satisfied that refusal of the application would breach
Article 8 of the Human Rights Convention, because it would result in unjustifiably
harsh consequences for the applicant or their family, the applicant will meet the
Article 8 ECHR eligibility requirement.
ADR 7.2. Where ADR 7.1. applies and the applicant falls for refusal on suitability
grounds under S-EC.1.2 to S-EC.1.5, or S-LTR.1.2 to S-LTR.1.6. of Appendix FM of
these rules the application as an Adult Dependent Relative must be refused.
ADR 8.1. If the decision maker is satisfied that all the suitability and the relevant
eligibility requirements are met, unless paragraph ADR 7.2. applies, the application
will be granted as an Adult Dependent Relative; otherwise, the application will be
refused.
ADR 9.1. An applicant applying for entry clearance will, if the sponsor is a British
Citizen or settled in the UK, be granted settlement.
ADR 9.2. An applicant applying for entry clearance or permission to stay where an
applicant’s sponsor has temporary permission to stay in the UK will be granted
temporary permission which expires on the same date as their sponsor’s temporary
permission.
ADR 9.3 Where an applicant is applying for permission to stay and, their sponsor is a
British Citizen or settled in the UK, the applicant will be granted permission for 30
months.
ADR 9.4. If the applicant is granted temporary permission, it will be subject to the
following conditions:
ADR 10.2. The applicant must be in the UK and must have, or have previously been
granted, permission as an Adult Dependent Relative.
ADR 10.3. An application for settlement as an Adult Dependent Relative must meet
all the following requirements:
ADR 10.4. An application which does not meet all the validity requirements for
settlement as an Adult Dependent Relative may be rejected and not considered.
ADR 11.1. The applicant must not fall for refusal under:
(a) the suitability grounds for refusal for indefinite leave to remain applications
under Appendix FM paragraphs:
(i) S-ILR.1.2, S-ILR.1.6 to S-ILR.1.10, S-ILR.3.1; or
(ii) S-ILR.2.2, S-ILR.4.2 to S-ILR.4.5 (subject to ADR. 11.5); or
(b) paragraph 9.6.1. of Part 9 of these rules (subject to ADR 11.5).
(a) in breach of immigration laws, except that where paragraph 39E applies, that
period of overstaying will be disregarded; or
(b) on immigration bail.
ADR 11.3. The applicant must not have been convicted of a criminal offence in the
ADR 11.4. The applicant must not have been convicted of an offence in the UK or
overseas for which they have been sentenced to imprisonment for less than 12
months, unless the applicant has completed a qualifying period of 10 years with
permission and the applicant has spent at least 5 years with such permission since the
end of their sentence.
ADR 11.5. Where any of the following have occurred, the applicant must be refused
settlement unless the applicant has completed a continuous qualifying period of 10
years with permission, and has completed 5 years continuous residence with such
permission after the date of the first grant of permission after the suitability ground
came to the attention of the decision maker:
ADR 12.1. The applicant’s sponsor must be the same sponsor as when the applicant
was last granted permission as an Adult Dependent Relative. The sponsor must be in
the UK and must be one of the following:
ADR 13.2. The sponsor must provide evidence of income or cash savings sufficient
to show they can meet the financial requirement and:
(a) evidence of income (other than self-employment) or savings must cover the 6
month period immediately before the date of application; or
(b) where the sponsor is receiving maternity, paternity, adoption or sick pay, their
income from salaried employment can be shown for either the 6 months
immediately before the date of application or the start date of the maternity,
paternity, adoption or sick leave; or
(c) where the income is from self-employment it must be shown for the last full
financial year before the date of application, with additional evidence of
ongoing employment as in paragraphs 7 or 9 (as relevant) of Appendix FM-
SE; or
(d) where there is non-employment income it must be shown to have been
received in the 12 months before the date of application except where
specified in paragraph 10 of Appendix FM-SE; or
(e) where property has been sold and the money received has been converted into
cash savings the requirements in paragraph 11A(d) of Appendix FM-SE must
be met.
ADR 13.3. The income or cash savings must be evidenced as specified in paragraphs
1, 12A and 12B of Appendix FM-SE.
ADR 13.4. The sponsor must provide a signed maintenance undertaking confirming
that the applicant will not have access to public funds, and that the sponsor will be
responsible for the maintenance, accommodation and care of the applicant for a
period of 5 years from the date of grant under ADR 14.1. or the duration of the period
of permission to be granted under ADR 14.4.
ADR 13.5. If the applicant receives public funds during the periods set out in ADR
13.4., the UK Government may seek to recover public funds from the sponsor who
gave the undertaking.
ADR 14.1. If the decision maker is satisfied that all the suitability and eligibility
requirements for settlement as an Adult Dependent Relative are met, the applicant
will be granted settlement.
(a) no additional application fee for the application for permission to stay will be
required and the settlement application fee will not be refunded; and
(b) the Secretary of State will write to the applicant informing them of this
variation and will request the applicant pay the required Immigration Health
Charge.
ADR 14.3. If the applicant does not pay the requested Immigration Health Charge,
the application for permission to stay will be rejected as invalid and the applicant will
not be refunded the fee paid for the settlement application.
ADR 14.4. Where an application is varied and the applicant meets the requirements
for permission to stay the applicant will be granted permission to stay which expires
on the same date as their sponsor’s permission, or, if the sponsor is a British Citizen
or settled in the UK, the applicant will be granted permission for 30 months.
ADR 14.5. If the applicant is granted permission to stay, it will be subject to the
following conditions:
ADR 14.6. If the decision maker is not satisfied that the applicant meets all the
suitability and relevant eligibility requirements for settlement or permission to stay
the application for settlement will be refused.”.
APP EL3. In EL 2.4., after “(f) settlement under Appendix Private Life,” insert:
“or
(g) entry clearance or permission to stay on the International
Sportsperson route,”.
APP CR2. In the Introduction section, for “Appendix Private Life (settlement only)”,
substitute “Appendix Private Life (settlement only, apart from where the
applicant is applying to settle as a child born in the UK)”.
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