Post
by zahidhsmp » Fri Mar 31, 2006 5:45 pm
Hi Guys
May be I get it wrong but I think they have mentioned that 4 years would be substituted by 5 where ever it is mentioned in the immigration rules.
Below is the whole press release:
Statement of Changes in Immigration Rules HC 1016 - March 2006
The Home Secretary has made the changes hereinafter stated in the Rules laid down by him as to the practice to be followed in the administration of the Immigration Act 1971 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 (Cmnd 2663), 26 October 1995 (HC 797), 4 January 1996 (Cmnd 3073), 7 March 1996 (HC 274), 2 April 1996 (HC 329), 30 August 1996 (Cmnd 3365), 31 October 1996 (HC 31), 27 February 1997 (HC 338), 29 May 1997 (Cmnd 3669), 5 June 1997 (HC 26), 30 July 1997 (HC 161), 11 May 1998 (Cmnd 3953), 8 October 1998 (Cmnd 4065), 18 November 1999 (HC 22), 28 July 2000 (HC 704), 20 September 2000 (Cmnd 4851), 27 August 2001 (Cmnd 5253), 16 April 2002 (HC 735), 27 August 2002 (Cmnd 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 (Cmnd 5829), 24 August 2003 (Cmnd 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 (Cmnd 6297), 24 September 2004 (Cmnd 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) and 1 March 2006 (HC 949).
These changes shall take effect on 3 April 2006.
1.In paragraph 6, after 'visa nationals', insert:
"Non-visa nationals" are persons who are not specified in Appendix 1 to these Rules".
2.For paragraph 60(i), substitute:
"(i) was last admitted to the UK in possession of a valid entry clearance in accordance with paragraphs 57-75M or 82-87F of these Rules, unless the applicant:
(a) was originally admitted to the UK with entry clearance in accordance with paragraphs 57-75M or 82-87F of these Rules which has since expired, but has subsequently been granted leave to remain in accordance with paragraphs 57-75M or 82-87F of these Rules; or
(b) is a non-visa national who has been accepted for a course of study at degree level or above, and who entered the UK with leave as a visitor in accordance with paragraphs 40-46F of these Rules on or before 1 July 2006; or
(c) is a non-visa national who has been accepted for a course of study at degree level or above, and who entered the UK with leave in accordance with the provisions of any category of these Rules, other than paragraphs 40-56J, 82-87, 104-121, and 135I-135N; or
(d) is a non-visa national who has been accepted for a course of study below degree level, and has valid leave in accordance with paragraphs 63-69, 69M-81, Part 2 (other than paragraphs 47-56J), or Parts 4-8 (other than paragraphs 104-121 and 135I-135N) of these Rules, which was granted on or before 22 July 2004; or
(e) is a non-visa national who has been accepted for a course of study below degree level, and has valid leave as a student to study below degree level in accordance with paragraphs 57-62 of these Rules, or has valid leave in accordance with paragraphs 69A-69L or 82-87F of these Rules, which was granted on or before 30 September 2004; and"
3.After paragraph 69P (iii), insert:
"(iii)(a) has leave to enter or remain in the United Kingdom as a work permit holder in accordance with paragraphs 128 to135 of these Rules; or".
4.For paragraphs 70 to 75, substitute:
"Requirements for leave to enter the United Kingdom as a postgraduate doctor or dentist
70.The requirements to be met by a person seeking leave to enter the UK as a postgraduate doctor or dentist are that the applicant:
(i) has successfully completed and obtained a recognised UK degree in medicine or dentistry from either:
(a) a UK publicly funded institution of further or higher education; or
(b) a UK bona fide private education institution which maintains satisfactory records of enrolment and attendance; and
(ii) has previously been granted leave:
(a) in accordance with paragraphs 57 to 69L of these Rules for the final academic year of the studies referred to in (i) above; and
(b) as a student under paragraphs 57 to 62 of these Rules for at least one other academic year (aside from the final year) of the studies referred to in (i) above; and
(iii) holds a letter from the Postgraduate Dean confirming he has a full-time place on a recognised Foundation Programme; and
(iv) intends to train full time in his post on the Foundation Programme; and
(v) is able to maintain and accommodate himself and any dependants without recourse to public funds; and
(vi) intends to leave the United Kingdom if, on expiry of his leave under this paragraph, he has not been granted leave to remain in the United Kingdom as:
(a) a doctor or dentist undertaking a period of clinical attachment or a dental observer post in accordance with paragraphs 75G to 75M of these Rules; or
(b) a work permit holder in accordance with paragraphs 128 to 135 of these Rules; or
(c) a highly skilled migrant in accordance with paragraphs 135A to 135H of these Rules; or
(d) a person intending to establish themselves in business in accordance with paragraphs 200 to 210 of these Rules; or
(e) an innovator in accordance with paragraphs 210A to 210H of these Rules; and
(vii) if his study at medical school or dental school, or any subsequent studies he has undertaken, were sponsored by a government or international scholarship agency, he has the written consent of his sponsor to enter or remain in the United Kingdom as a postgraduate doctor or dentist; and
(viii) if he has not previously been granted leave in this category, has completed his medical or dental degree
in the 12 months preceding this application; and
(ix) if he has previously been granted leave as a postgraduate doctor or dentist, is not seeking leave to enter to a date beyond 3 years from the date on which he was first granted leave to enter or remain in this
category; and
(x) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas),
a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter as a postgraduate doctor or dentist
71.Leave to enter the United Kingdom as a postgraduate doctor or dentist may be granted for the duration of the Foundation Programme, for a period not exceeding 26 months, provided the Immigration Officer is satisfied that each of the requirements of paragraph 70 is met.
Refusal of leave to enter as a postgraduate doctor or dentist
72.Leave to enter as a postgraduate doctor or dentist is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 70 is met.
Requirements for an extension of stay as a postgraduate doctor or dentist
73.The requirements to be met by a person seeking an extension of stay as a postgraduate doctor or dentist
are that the applicant:
(i) meets the requirements of paragraph 70 (i) to (vii); and
(ii) has leave to enter or remain in the United Kingdom as either:
(a) a student in accordance with paragraphs 57 to 69L of these Rules; or
(b) a postgraduate doctor or dentist in accordance with paragraphs 70 to 75 of these Rules; or
(c) a doctor or dentist undertaking a period of clinical attachment or a dental observer post in accordance with paragraphs 75G to 75M of these Rules.
(iii) if he has not previously been granted leave in this category, has completed his medical or dental degree
in the last 12 months;
(iv) would not, as a result of an extension of stay, remain in the United Kingdom as a postgraduate doctor or dentist to a date beyond 3 years from the date on which he was first given leave to enter or remain in this capacity.
Extension of stay as a postgraduate doctor or dentist
74.An extension of stay as a postgraduate doctor or dentist may be granted for the duration of the Foundation
Programme, for a period not exceeding 3 years, provided the Secretary of State is satisfied that each of the
requirements of paragraph 73 is met.
Refusal of an extension of stay as a postgraduate doctor or dentist
75.An extension of stay as a postgraduate doctor or dentist is to be refused if the Secretary of State is not
satisfied that each of the requirements of paragraph 73 is met.".
5.After paragraph 75G (iv), insert:
"; and
(v) if he has previously been granted leave in this category, is not seeking leave to enter which, when
amalgamated with those previous periods of leave, would total more than 6 months."
6.In paragraph 75H, for "up to a maximum of 6 months", substitute "up to a maximum of 6 weeks at a time or 6 months in total in this category,".
7.After paragraph 75K(v), insert:
"; and
(vi) if he has previously been granted leave in this category, is not seeking an extension of stay which, when
amalgamated with those previous periods of leave, would total more than 6 months."
8.In paragraph 75L, after "may be granted an extension of stay for the period of their clinical attachment or dental observer post", insert "up to a maximum of 6 weeks at a time or 6 months in total in this category,".
9.For paragraph 135O (i), substitute:
"(i) has successfully completed and obtained either:
(a) a UK recognised degree (with second class honours or above), Master?s degree or PhD in a subject approved by the Department for Education and Skills for the purposes of this scheme at either:
(i) a publicly funded institution of further or higher education; or
(ii) a bona fide private education institution which maintains satisfactory records of enrolment and
attendance; or
(b) a UK recognised Master?s degree or PhD in any subject, where study for this qualification commenced on or after 1 May 2006, at an institution which is on the Department for Education and Skills' Register of Education and Training Providers, and is either:
(i) a publicly funded institution of further or higher education; or
(ii) a bona fide private education institution which maintains satisfactory records of enrolment and
attendance; and"
10.After paragraph 206G, insert:
"206H.The requirements for an extension of stay as a person intending to establish himself in business in the
United Kingdom for a Postgraduate Doctor or Dentist are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Postgraduate Doctor or Dentist in
accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets each of the requirements of paragraph 201 (i) - (x)."
11.In paragraphs 207 and 208, for ?or 206G? substitute "206G, or 206H".
12.In paragraphs 134(i), 142 (i), 150(i), 158(i), 159G(i), 167(i), 176(i), 184(i), 187, 190, 192(ii), 209(i), 222(i)
and (ii), 230(i), 238(i), 264, 267, 269(i), 255, 255A, and 255B for "4 years? (wherever appearing), substitute
"5 years".
13.For paragraph 134(ii), substitute:
"(ii) he has met the requirements of paragraph 128(i) to (v) throughout the 5 year period; and".
14.In paragraphs 135B, 137, 145, 162, 171, 179, 204, 215, 225, and 233 for "12 months", substitute "2 years".
15.For paragraph 135G(i), substitute:
"(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity, or has had a continuous period of at least 5 years? leave to enter or remain in the United Kingdom which is made up of periods of leave granted as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules, as work permit holder under paragraphs 128 to 134 of these Rules, or as an Innovator under paragraphs 210A to 210H of these Rules; and"
16.In paragraphs 142(ii), 150(ii), 158(ii), 159G(ii), 167(ii), 176(ii), 184(ii), 209(ii), 210G(ii), 230(ii), 238(ii), 269(ii), 255A and 255B for "4 year", substitute "5 year".
17.In paragraphs 156 and 159E, after "not exceeding 12 months", insert "at a time".
18.In paragraph 174B, for "12 months", substitute "3 years at a time".
19.In paragraph 207, after "not exceeding 3 years", insert "at a time".
20.For paragraphs 209(iii) and 222(iii), substitute:
"(iii) submits audited accounts for the first 4 years of trading and management accounts for the 5th year.".
21.In paragraph 210B, for "18 months", substitute "2 years".
22.In paragraph 210E, for "30 months", substitute "3 years at a time".
23.In paragraph 210G(i), for "4 years leave", substitute "5 years".
24.In paragraph 228, delete the word "maximum", and after "period", insert "not exceeding 3 years at a time".
25.In paragraph 284(i), after 'fiancé' insert 'or proposed civil partner'.
Regards
