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

S.I. 2006/2899 · Made 31 October 2006

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 31st October 2006

Laid before Parliament 7th November 2006

Coming into force 8th November 2006

The Secretary of State, in exercise of the powers conferred 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 Section 31A is prospectively repealed by section 50 of the Immigration, Asylum and Nationality Act 2006 c. 13. That provision has not yet been commenced.

Contents

  1. 1Citation and commencement
  2. 2Amendment
  3. 3Amendment
  4. 4Amendment
  5. 5Amendment
  6. 6Amendment
  7. 7Transitional provisions
  8. 8Transitional provisions
  9. Signature
  10. Schedule 1Schedule 1
  11. Schedule 2Schedule 2
  12. Explanatory note

1Citation and commencement

These Regulations may be cited as the Immigration (Leave to Remain)(Prescribed Forms and Procedures)(Amendment No.2) Regulations 2006 and shall come into force on 8th November 2006.

2Amendment

The Immigration (Leave to Remain)(Prescribed Forms and Procedures) Regulations 2006f1 shall be amended as follows.

3Amendment

For regulation 4 substitute—

“4

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 purposes of employment under the Sectors-Based Scheme, or

(d)

for Home Office approved training or work experience,

for the purposes of the immigration rules.”

4Amendment

After regulation 4, insert—

“4A

The form set out in Schedule 2A 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.”

5Amendment

For the form set out in Schedule 2, there is substituted the form which is set out in Schedule 1 to these Regulations.

6Amendment

After Schedule 2, insert as Schedule 2A the form which is set out in Schedule 2 to these Regulations.

7Transitional provisions

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 purposes of employment under the Sectors-Based Scheme, or

(d)

for Home Office approved training or work experience,

for the purposes of the immigration rules, which is made on the substituted form shall be deemed to have been made on the form set out in Schedule 1 to these Regulations if made within 27 days of these Regulations coming into force.

8Transitional provisions

An application for limited leave to remain in the United Kingdom as a highly skilled migrant for the purposes of the immigration rules, which is made on the substituted form shall be deemed to have been made on the form set out in Schedule 2 to these Regulations if made within 27 days of these Regulations coming into force.

Signature

Liam Byrne

Minister of State

Home Office

31st October 2006

Schedule 1

Schedule 2

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Immigration (Leave to Remain)(Prescribed Forms and Procedures) Regulations 2006 (“the 2006 Regulations”). The 2006 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.

These Regulations prescribe a new FLR (IED) form for applications for limited leave to remain in the UK for (i) work permit employment, (ii) as a seasonal agricultural worker, (iii) for the purposes of the Sectors-Based Scheme and (iv) for Home Office approved training or work experience. The new FLR (IED) form omits any reference to highly skilled migrants. In addition, a new form, FLR (HSMP), is prescribed for applications for limited leave to remain in the UK as a highly skilled migrant. This new form is prescribed in order to reflect the changes that have been made to the immigration rules in respect of the highly skilled migrant programme.

These Regulations also provide transitional arrangements. Applications for limited leave to remain in the UK for (i) work permit employment, (ii) as a seasonal agricultural worker, (iii) for the purposes of the Sectors-Based Scheme and (iv) for the Home Office approved training or work experience which are made on the old FLR (IED) form (i.e. the form that still has references to highly skilled migrants) will be treated as if made on the new FLR (IED) form (i.e. the one without references to highly skilled migrants) for 27 days after these Regulations come into force. In addition, applications for limited leave to remain in the UK as a highly skilled migrant which are made on the old FLR (IED) form will be treated as if made on the new FLR (HSMP) form for 27days after these Regulations come into force.