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Immigration Rules: introduction

Home Office

July 17
14:08 2023

The Home Secretary has made changes in the Rules laid down by him 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 March 1990 (HC 251) (as amended). This statement contains the Rules as changed and replaces the provisions of HC 251 (as amended).

  1. 2.Immigration Officers, Entry Clearance Officers and all staff of the Home Office will carry out their duties without regard to the race, colour or religion of persons seeking to enter or remain in the United Kingdom.
  2. 3.In these Rules words importing the masculine gender include the feminine unless the contrary intention appears.

Implementation and transitional provisions

  1. 4.These Rules come into effect on 1 October 1994 and will apply to all decisions taken on or after that date save that any application made before 1 October 1994 for entry clearance, leave to enter or remain or variation of leave to enter or remain other than an application for leave by a person seeking asylum shall be decided under the provisions of HC 251, as amended, as if these Rules had not been made.

Provision for Irish citizens

  1. 5. DELETED
  1. 5A. DELETED
  1. 5B. DELETED
  1. 5C. Save where expressly indicated throughout these rules, these rules do not apply to an Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain, but an Irish citizen who does require leave to enter or remain is covered by these rules.
  1. 5D. Paragraph 5C does not apply to paragraph 11, Appendix EU, Appendix S2 Healthcare Visitor, Appendix Service Providers from Switzerland, Appendix EU (Family Permit), Appendix AR (EU), Part 11 (asylum) or Part 13 (deportation).
  1. 5E. An Irish citizen who as a result of section 3ZA of the Immigration Act 1971 does not require leave to enter or remain is considered settled for the purposes of these rules.

Interpretation

  1. 6.1. In these rules, unless the contrary intention appears, references to paragraphs are to paragraphs of the Immigration Rules (HC 395 as amended) made under section 3(2) of the Immigration Act 1971, and references to Appendices are to Appendices to those rules.
  1. 6.2. In these rules:
    1. (a) references to primary and secondary legislation refers to that legislation as amended from time to time; and
    2. (b) unless the contrary intention appears, the following definitions apply:
  1. Accompanying Person in Appendix S2 Healthcare Visitor is a person with a healthcare right of entry and who is accompanying a patient (P) to the UK at the same time as Ps entry into the UK, or who is joining P in the UK on a date after Ps entry into the UK, for the purpose of providing P with care or support during their course of planned healthcare treatment.
  1. Accredited Institution means an institution which is:
    1. (a) the holder of a student sponsor licence; or
    2. (b) the holder of valid accreditation from Accreditation UK, the Accreditation Body for Language Services (ABLS), the British Accreditation Council (BAC), or the Accreditation Service for International Colleges (ASIC); or
    3. (c) the holder of a valid and satisfactory full institutional inspection, review or audit by Estyn, Education Scotland, the Independent Schools Inspectorate, Office for Standards in Education, the Office for Students, the Quality Assurance Agency for Higher Education or the Education and Training Inspectorate Northern Ireland; or
    4. (d) an overseas higher education institution offering only part of its programmes in the UK.
  1. Adequate and adequately in relation to a maintenance and accommodation requirement means that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the person or family the level of income or funds that would be available to them if the person or family was in receipt of income support.
  1. Administrative review means a review conducted in accordance with Appendix AR, or where applicable Appendix AR (EU).
  1. Adoption includes a de facto adoption in accordance with the requirements of paragraph 309A, and adopted and adoptive parent shall be construed accordingly.
  1. Agreement on the Free Movement of Persons in Appendix Service Providers from Switzerland means the agreement between the Swiss Confederation and the European Union and its member states, which was signed in 1999 and came into force in 2002.
  1. Amateur means a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity.
  1. Applicant means a person who is making an application for entry clearance, permission to enter or permission to stay (and a person seeking entry at the UK Border is to be regarded as making an application for permission to enter).
  1. Application for asylum has the meaning given in paragraph 327 of these rules.
  1. Application for leave to remain and application for permission to stay includes an application for variation of le

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