OpenLegislation

The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007

S.I. 2007/882 · Made 13 March 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

IMMIGRATION

Made 13th March 2007

Laid before Parliament 19th March 2007

Coming into force 2nd April 2007

The Secretary of State, in exercise of the powers conferred upon him by section 31A of the Immigration Act 1971f1 makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1971 c. 77. Section 31A was inserted by section 165 of the Immigration and Asylum Act 1999 (c. 33) and amended by section 121 of the Nationality, Immigration and Asylum Act 2002 (c. 41). Section 31A has been repealed by the Immigration, Asylum and Nationality Act 2006 (c. 13) from a date to be appointed.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Prescribed Forms
  4. 4Prescribed Forms
  5. 5Prescribed Forms
  6. 6Prescribed Forms
  7. 7Prescribed Forms
  8. 8Prescribed Forms
  9. 9Prescribed Forms
  10. 10Prescribed Forms
  11. 11Prescribed Forms
  12. 12Prescribed Forms
  13. 13Prescribed Forms
  14. 14Prescribed Forms
  15. 15Prescribed Forms
  16. 16Prescribed procedures
  17. 17Prescribed procedures
  18. 18Revocation and transitional provision
  19. Signature
  20. Schedule 1Schedule 1
  21. Schedule 2Schedule 2
  22. Schedule 3Schedule 3
  23. Schedule 4Schedule 4
  24. Schedule 5Schedule 5
  25. Schedule 6Schedule 6
  26. Schedule 7Schedule 7
  27. Schedule 8Schedule 8
  28. Schedule 9Schedule 9
  29. Schedule 10Schedule 10
  30. Schedule 11Schedule 11
  31. Schedule 12Schedule 12
  32. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007 and shall come into force on 2nd April 2007.

2Citation, commencement and interpretation

In these Regulations:

  • “asylum claimant” means a person making a claim for asylum which has not been determined or has been granted;

  • “claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999f1, and a claim for asylum is taken to be determined—

    1. (a)

      on the day on which the Secretary of State notifies the claimant of his decision on the claim,

    2. (b)

      if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or

    3. (c)

      if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002f2 or section 2 of the Special Immigration Appeals Commission Act 1997f3, on the day on which the appeal is disposed of;

  • “dependant”, in respect of a person, means—

    1. (a)

      the spouse, civil partner, unmarried partner or same sex partner, or

    2. (b)

      a child under the age of eighteen,

    of that person; and

  • “public enquiry office” means a public enquiry office of the Border and Immigration Agency of the Home Office.

3Prescribed Forms

(1)

Subject to paragraph (2), the form set out in Schedule 1 is prescribed for an application for limited or indefinite leave to remain in the United Kingdom as:

(a)

a business person,

(b)

a sole representative,

(c)

a retired person of independent means,

(d)

an investor, or

(e)

an innovator,

for the purposes of the immigration rules.

(2)

Paragraph (1) does not apply to an application for limited or indefinite leave to remain in the United Kingdom as a business person where the application is made under the terms of a European Community Association Agreement.

4Prescribed Forms

The form set out in Schedule 2 is prescribed for an application for limited leave to remain in the United Kingdom:

(a)

for work permit employment,

(b)

as a seasonal agricultural worker,

(c)

for the purpose of employment under the Sectors-Based Scheme, or

(d)

for Home Office approved training or work experience,

for the purposes of the immigration rules.

5Prescribed Forms

The form set out in Schedule 3 is prescribed for an application for limited leave to remain in the United Kingdom as a highly skilled migrant for the purposes of the immigration rules.

6Prescribed Forms

The form set out in Schedule 4 is prescribed for an application for limited leave to remain in the United Kingdom as:

(a)

the spouse or civil partner of a person present and settled in the United Kingdom, or

(b)

the unmarried partner or same sex partner of a person present and settled in the United Kingdom,

for the purposes of the immigration rules.

7Prescribed Forms

The form set out in Schedule 5 is prescribed for an application for limited leave to remain in the United Kingdom:

(a)

as a student,

(b)

as a student nurse,

(c)

to re-sit an examination,

(d)

to write up a thesis,

(e)

as a student union sabbatical officer, or

(f)

as a prospective student,

for the purposes of the immigration rules.

8Prescribed Forms

The form set out in Schedule 6 is prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme for the purposes of the immigration rules.

9Prescribed Forms

The form set out in Schedule 7 is prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Fresh Talent: Working in Scotland Scheme for the purposes of the immigration rules.

10Prescribed Forms

(1)

The form set out in Schedule 8 is prescribed for an application for limited leave to remain in the United Kingdom as:

(a)

a visitor,

(b)

a visitor seeking to undergo or continue private medical treatment,

(c)

a postgraduate doctor or dentist or a trainee general practitioner,

(d)

an au pair,

(e)

a teacher or language assistant under an approved exchange scheme,

(f)

a representative of an overseas newspaper, news agency or broadcasting organisation,

(g)

a private servant in a diplomatic household,

(h)

a domestic worker in a private household,

(i)

an overseas government employee,

(j)

a minister of religion, missionary or member of a religious order,

(k)

a visiting religious worker or a religious worker in a non-pastoral role,

(l)

a member of the operational ground staff of an overseas-owned airline,

(m)

a person with United Kingdom ancestry,

(n)

a writer, composer or artist,

(o)

an overseas qualified nurse or midwife, or

(p)

the spouse, civil partner or child of an armed forces member who is exempt from immigration control under section 8(4) of the Immigration Act 1971,

for the purposes of the immigration rules.

(2)

Subject to paragraph (3), the form set out in Schedule 8 is prescribed for an application for limited leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed by regulations 3 to 9.

(3)

Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:

(a)

the application is made under the terms of a European Community Association Agreement, or

(b)

the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.

11Prescribed Forms

The form set out in Schedule 9 is prescribed for an application for indefinite leave to remain in the United Kingdom as:

(a)

the spouse or civil partner of a person present and settled in the United Kingdom, or

(b)

the unmarried partner or same sex partner of a person present and settled in the United Kingdom,

for the purposes of the immigration rules.

12Prescribed Forms

The form set out in Schedule 10 is prescribed for an application for indefinite leave to remain in the United Kingdom as:

(a)

the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,

(b)

the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or

(c)

the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom,

for the purposes of the immigration rules.

13Prescribed Forms

The form set out in Schedule 11 is prescribed for an application for indefinite leave to remain in the United Kingdom as a victim of domestic violence.

14Prescribed Forms

(l)

The form set out in Schedule 12 is prescribed for an application for indefinite leave to remain in the United Kingdom:

(a)

as a work permit holder,

(b)

as a highly skilled migrant,

(c)

as a representative of an overseas newspaper, news agency or broadcasting organisation,

(d)

as a private servant in a diplomatic household,

(e)

as a domestic worker in a private household,

(f)

as an overseas government employee,

(g)

as a minister of religion, missionary or member of a religious order,

(h)

as a member of the operational ground staff of an overseas-owned airline,

(i)

as a person with United Kingdom ancestry,

(j)

as a writer, composer or artist,

(k)

on the basis of long residence in the United Kingdom, or

(l)

as a foreign or Commonwealth citizen discharged from HM Forces,

for the purposes of the immigration rules.

(2)

Subject to paragraph (3), the form set out in Schedule 12 is prescribed for an application for indefinite leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed by regulations 11, 12 or 13.

(3)

Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:

(a)

the application is made under the terms of a European Community Association Agreement,

(b)

the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.

15Prescribed Forms

An application for leave to remain in the United Kingdom which is made by a person (“the main applicant”) on a form prescribed by any of the regulations 3 to 14 above may include an application in respect of any person applying for leave to remain in the United Kingdom as a dependant of the main applicant.

16Prescribed procedures

(1)

The following procedures are prescribed in relation to an application for which a form is prescribed by regulations 3 to 14:

(a)

the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;

(b)

the application shall be accompanied by such documents and photographs as specified in the form; and

(c)

each part of the form shall be completed as specified in the form.

(2)

The following procedures are prescribed in relation to delivery of an application for which a form is prescribed:

(a)

in relation to an application for which a form is prescribed by regulation 3, the application shall be sent by prepaid post or by courier to the Border and Immigration Agency of the Home Office; it may not be submitted in person at a public enquiry office,

(b)

in relation to an application for which a form is prescribed by regulation 4, the application shall be:

(i)

sent by prepaid post or by courier to Work Permits (UK) at the Border and Immigration Agency of the Home Office, or

(ii)

submitted in person at the Croydon public enquiry office (but no other public enquiry office),

(c)

in relation to an application for which a form is prescribed by regulation 5, the application shall be sent by prepaid post or by courier to Work Permits (UK) at the Border and Immigration Agency of the Home Office, and may not be submitted in person at a public enquiry office,

(d)

in relation to an application for which a form is prescribed by regulations 6 to 12 and regulation 14, the application shall be:

(i)

sent by prepaid post to the Border and Immigration Agency of the Home Office, or

(ii)

submitted in person at a public enquiry office,

(e)

in relation to an application for which a form is prescribed by regulation 13, the application shall be sent by prepaid post to the Border and Immigration Agency of the Home Office; it may not be submitted in person at a public enquiry office.

17Prescribed procedures

(1)

A failure to comply with any of the requirements of regulation 16(1) to any extent will only invalidate an application if:

(a)

the applicant does not provide, when making the application, an explanation for the failure which the Secretary of State considers to be satisfactory,

(b)

the Secretary of State notifies the applicant, or the person who appears to the Secretary of State to represent the applicant, of the failure within 28 days of the date on which the application is made, and

(c)

the applicant does not comply with the requirements within a reasonable time, and in any event within 28 days, of being notified by the Secretary of State of the failure.

(2)

For the purposes of this regulation, the date on which the application is made is:

(a)

in the case of an application sent by post, the date of posting,

(b)

in the case of an application submitted in person, the date on which the application is delivered to, and accepted by, a public enquiry office, and

(c)

in the case of an application sent by courier, the date on which the application is delivered to Work Permits (UK) at the Border and Immigration Agency of the Home Office.

18Revocation and transitional provision

(1)

Subject to paragraph (3), the Regulations referred to in paragraph (2) are revoked.

(2)

Those Regulations are:

(a)

the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006f1;

(b)

the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2006f2; and

(c)

the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment No. 2) Regulations 2006f3.

(3)

An application made on a form prescribed by the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006 shall be deemed to have been made on the corresponding form prescribed by these Regulations if made within 21 days of these Regulations coming into force for the purposes of section 31A of the Immigration Act 1971.

Signature

Liam Byrne

Minister of State

Home Office

13th March 2007

Schedule 1

Schedule 2

Schedule 3

Schedule 4

Schedule 5

Schedule 6

Schedule 7

Schedule 8

Schedule 9

Schedule 10

Schedule 11

Schedule 12

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe forms to be used for applications for leave to remain in the United Kingdom and the procedures to be followed in relation to an application for which a form is prescribed. An application made on a prescribed form may include an application in respect of anyone applying for leave to remain in the United Kingdom as a dependant of the main applicant.

These Regulations revoke and replace the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2006 (the “2006 Regulations”). These Regulations prescribe a new application form for indefinite leave to remain as a victim of domestic violence, and change the name of the Home Office’s “Immigration and Nationality Directorate” to “Border and Immigration Agency”. The procedures prescribed by these Regulations are largely the same as the procedures prescribed by the 2006 Regulations, except that applications by victims of domestic violence must be made by prepaid post and may not be made at a public enquiry office. The questions on the application forms prescribed by these Regulations are largely the same as the questions on the forms prescribed by the 2006 Regulations. The key difference is the addition of questions in most of the indefinite leave to remain application forms asking for details of the applicant’s knowledge of the English language and life in the United Kingdom.