GLOSSARY

After entry requirements definition

Published by a LexisNexis Immigration expert

What does After entry requirements mean?

Obligations imposed on certain persons subject to immigration control in respect of actions after being granted leave to enter the UK.

In particular leave to enter may be granted to persons of specified nationalities (as listed in Appendix 2 to the Immigration Rules), stateless persons and persons holding a non-national travel document, who are granted limited leave to enter for more than six months to register with the police within seven days of arrival in the UK. Certain categories of leave to enter do not require registration with the police.

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Conditions of permission to enter or stay in the UK

People granted permission to enter or stay in the UK for a limited period frequently have conditions attached to their permission. These can include restrictions on work, occupation, study or claiming public funds, and a requirement to register with the police. For information on who requires permission to enter and stay, see the 'Who requires permission to travel to the UK?' topic in LexisNexis® Immigration.This Practice Note explains the different types of conditions, when and how they can be attached to a person’s permission and the consequences of breach of conditions.From 1 December 2020, the Statement of Changes in Immigration Rules HC 813 amended a number of provisions in the Immigration Rules to replace ‘leave to remain’ and ‘leave to enter’ with ‘permission to stay’ and ‘permission to enter’, respectively. This Practice Note will use the new terminology where relevant but note that these terms are interchangeable.In broad terms, on 31 December 2020, European free movement law was revoked, and EEA and Swiss nationals, and their family members who are not eligible under the EU Settlement Scheme now require permission to enter and stay in the UK. Any permission granted after this date is subject to conditions as outlined in this Practice Note.What are conditions of permission?A condition of permission can restrict or prohibit certain

Child Student: duration and conditions of permission

This Practice Note provides information on the periods and conditions of permission associated with entry clearance and permission to stay for persons in the Child Student route, including conditions relating to work and study that have been imposed in the Child Student and the predecessor Tier 4 (Child) categories.See also Practice Note: Child Student: eligibility, which outlines the points-based and non points-based eligibility requirements for entry clearance and permission to stay applications under the Child Student route.Grant of permissionThe period of permission granted to a Child Student depends on a number of factors outlined in the table below.Table of permission grantedApplicant aged under 16Applicant aged 16 or overUp to one month before the start date of the course plus the shorter of:Up to one month before the start date of the course, plus the shorter of:—the length of time requested by the applicant—the length of time requested by the applicant—the length of the applicant's course, or—the length of the applicant's course, or—six years—three yearsplus four months (‘wrap-up’ period)plus four months (‘wrap-up’ period)Entry clearance applicants state their intended date of travel as part of the application. The period of permission granted to an applicant applying for entry clearance before the start of the course will be one month, if entry

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Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued?

Are there any time restrictions on making an application for a biometric residence permit (BRP) on form BRP(RC), where the applicant holds indefinite leave to remain (ILR), their current BRP is due to expire, and they were a person aged under 16 when their BRP was issued? Practice Note: Biometric Immigration Documents confirms that: ‘An application for a replacement BRP must be made if the original BID is lost, stolen or damaged, if they are a child and their BID has expired ahead of their leave, or if they have ILR and their BID has expired. The application in such circumstances is made on form BRP(RC).’ The requirement to apply for a replacement BRP derives from the Immigration (Biometric Registration) Regulations 2008, SI 2008/3048, reg 19. This states (our emphasis): ‘19 (1) A person who has been issued with a biometric immigration document under regulation 13(1), 13A(1) or 13B(1) is required to apply for a replacement biometric immigration document where his original document— (a) has been cancelled under paragraphs (a) to (g) of regulation 17; or (b) has ceased to have effect under regulation 13(4)(b), (c) or (d), regulation 13A(6)(b), (c) or (d), or regulation 13B(4)(b). (2) A person required to apply for a biometric immigration document under paragraph (1) must do so within 3 months beginning with the date that the original document was cancelled or ceased to have effect.’ A person

If a sponsor is receiving funds on behalf of a dependent child who is subject to immigration control, does this mean that the dependent is considered as having recourse to public funds?

If a sponsor is receiving funds on behalf of a dependent child who is subject to immigration control, does this mean that the dependent is considered as having recourse to public funds? In this Q&A, ‘funds’ are considered in the context of child benefit. Child benefit is defined as: ‘a tax-free, regular payment made to anyone bringing up a child or young person. It is paid for each child who qualifies and is not affected by income or savings, so most people bringing up a child can get it.’ The general rule is that no person subject to immigration control is entitled to child benefit. However, there are several exceptions, including in respect of those: ‘who are the family member of a person who is a UK, EEA, or Swiss national. The parent of a British child will not be excluded from entitlement to child benefit on the ground that they are subject to immigration control.

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Immigration Rules on accessing benefits found unlawful following policy challenge (ST & VW v Secretary of State for the Home Department)

Immigration analysis: The Divisional Court has upheld a judicial review claim by a five-year-old child and his mother challenging a provision in Appendix FM of the Immigration Rules that prevents large numbers of migrants on the ‘ten-year route’ to settlement from accessing public funds. The court found that the Immigration Rules and the related guidance to case workers did not comply with the Secretary of State’s duty to safeguard and promote the welfare of children under section 55 of the Borders, Citizenship and Immigration Act 2009 (BCIA 2009). The individual decision by the Secretary of State to impose a condition of ‘no recourse to public funds’ on the child’s mother, VW, was unlawful on the particular facts and was therefore quashed. The court dismissed the remaining 5 grounds of challenge. When the Immigration Rules have been found not to comply with the section 55 duty previously, they have had to be amended. Written by Ben Amunwa, barrister at The 36 Group and junior counsel to the claimants in this case.

Playing hardball with the definition of a 'professional sportsperson'

Immigration analysis: Nick Gore, associate at Carter Thomas Solicitors, examines the various pitfalls surrounding the immigration status of a professional sportsperson.

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