The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003
| Jurisdiction | UK Non-devolved |
| Citation | SI 2003/1712 |
| Year | 2003 |
2003 No. 1712
IMMIGRATION
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003
Made 9th July 2003
Laid before Parliament 10th July 2003
Coming into force 1st August 2003
The Secretary of State, in exercise of the powers conferred on him by section 31A of the Immigration Act 19711, hereby makes the following Regulations:
Citation, commencement and interpretation
1. These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 and shall come into force on 1st August 2003.
2. In these Regulations:
“asylum claimant” means a person making a claim for asylum (within the meaning given in section 94(1) of the Immigration and Asylum Act 19992) which claim either has not been determined or has been granted; and
“dependant”, of a person, means—
(a) the spouse or unmarried partner, or
(b) a child under the age of eighteen,
of that person.
Prescribed forms
3.—(1) Subject to paragraph (2) below, the form set out in Schedule 1 is hereby prescribed for an application for limited or indefinite leave to remain in the United Kingdom:
(a)
(a) as a business person,
(b)
(b) as a sole representative,
(c)
(c) as a retired person of independent means,
(d)
(d) as an investor, or
(e)
(e) as 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.
4. The form set out in Schedule 2 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
(a) as the spouse of a person present and settled in the United Kingdom, or
(b) as the unmarried partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
5. The form set out in Schedule 3 is hereby 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, or
(d) to write up a thesis,
for the purposes of the immigration rules.
6.—(1) The form set out in Schedule 4 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
(a)
(a) as a visitor,
(b)
(b) as a visitor seeking to undergo or continue private medical treatment,
(c)
(c) as a postgraduate doctor or dentist or a trainee general practitioner,
(d)
(d) as an au pair,
(e)
(e) as a teacher or language assistant under an approved exchange scheme,
(f)
(f) as a representative of an overseas newspaper, news agency or broadcasting organisation,
(g)
(g) as a private servant in a diplomatic household,
(h)
(h) as a domestic worker in a private household,
(i)
(i) as an overseas government employee,
(j)
(j) as a minister of religion, missionary or member of a religious order,
(k)
(k) as a member of the operational ground staff of an overseas-owned airline,
(l)
(l) as a person with United Kingdom ancestry,
(m)
(m) as a writer, composer or artist, or
(n)
(n) as a member of the crew of a ship, aircraft, hovercraft, hydrofoil or international train service,
for the purposes of the immigration rules.
(2) Further to paragraph (1), and subject to paragraphs (3) and (4) below, the form set out in Schedule 4 is hereby 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 in regulations 3, 4 or 5 above.
(3) Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom:
(a)
(a) for work permit employment,
(b)
(b) as a highly skilled migrant, or
(c)
(c) for Home Office approved training or work experience,
for the purposes of the immigration rules.
(4) Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:
(a)
(a) the application is made under the terms of a European Community Association Agreement, or
(b)
(b) the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
7. The form set out in Schedule 5 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
(a) as the spouse of a person present and settled in the United Kingdom, or
(b) as the unmarried partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
8. The form set out in Schedule 6 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
(a) as the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,
(b) as the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or
(c) as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
9.—(1) The form set out in Schedule 7 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
(a)
(a) as a work permit holder,
(b)
(b) as a highly skilled migrant,
(c)
(c) as a representative of an overseas newspaper, news agency or broadcasting organisation,
(d)
(d) as a private servant in a diplomatic household,
(e)
(e) as a domestic worker in a private household,
(f)
(f) as an overseas government employee,
(g)
(g) as a minister of religion, missionary or member of a religious order,
(h)
(h) as a member of the operational ground staff of an overseas-owned airline,
(i)
(i) as a person with United Kingdom ancestry,
(j)
(j) as a writer, composer or artist,
(k)
(k) on the basis of long residence in the United Kingdom, or
(l)
(l) as a victim of domestic violence,
for the purposes of the immigration rules.
(2) Further to paragraph (1), and subject to paragraph (3) below, the form set out in Schedule 7 is hereby 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 in regulations 7 or 8 above.
(3) Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:
(a)
(a) the application is made under the terms of a European Community Association Agreement, or
(b)
(b) the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
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