Q&As

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include: a migrant with leave under Tiers 2 or 5 of the Points-Based System, and those exempt from Immigration control (eg diplomats)?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 30/07/2019

The following Immigration Q&A Produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include: a migrant with leave under Tiers 2 or 5 of the Points-Based System, and those exempt from Immigration control (eg diplomats)?
  • Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK?
  • When applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include:

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK?

For an overview of the requirements for those exempt from immigration control, see Practice Note: Crew members, diplomats and other exempt persons.

Members of a diplomatic mission are fully exempt from immigration control in the UK (section 8(3) of the Immigration Act 1971 (IA 1971)).

Note, however, that a person will only fall within the IA 1971, s 8(3) definition of a member of a diplomatic mission where they were resident outside the UK, and not in the UK, when they were offered a post as such a member: IA 1971, s 8(3A)(a).

Therefore, as suggested by the question, if a person is in the UK and is offered a post as a diplomat, they will not fit within the definition of a member of a diplomatic mission and will not be exempt from immigration control.

When applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include:

  1. a migrant with leave under Tiers 2 or 5 of the Points-Based System, and

  2. those exempt from immigration control (eg diplomats)?

An individual can apply for permission to stay in the UK as a Turkish worker if they are a Turkish national

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