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STATUTORY INSTRUMENTS


2005 No. 771

IMMIGRATION

The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2005

  Made 16th March 2005 
  Laid before Parliament 17th March 2005 
  Coming into force 1st April 2005 

The Secretary of State, in exercise of the powers conferred upon him by section 31A of the Immigration Act 1971[1], 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 2005 and shall come into force on 1st April 2005.

    
2. In these Regulations:

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:

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:

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:

for the purposes of the immigration rules.

    
6. The form set out in Schedule 4 is hereby prescribed for an application for limited leave to remain in the United Kingdom:

for the purposes of the immigration rules.

    
7. The form set out in Schedule 5 is hereby prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme for the purposes of the immigration rules.

    
8.  - (1) The form set out in Schedule 6 is hereby prescribed for an application for limited leave to remain in the United Kingdom:

for the purposes of the immigration rules.

    (2) Further to paragraph (1) and subject to paragraph (3) below, the form set out in Schedule 6 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 to 7 above.

    (3) Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:

     9. The form set out in Schedule 7 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:

for the purposes of the immigration rules.

    
10. The form set out in Schedule 8 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:

for the purposes of the immigration rules.

    
11.  - (1) The form set out in Schedule 9 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:

for the purposes of the immigration rules.

    (2) Further to paragraph (1) and subject to paragraph (3) below, the form set out in Schedule 9 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 9 or 10 above.

    (3) Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:

     12. An application for leave to remain in the United Kingdom which is made by a person ("the main applicant") on a form prescribed in any of the regulations 3 to 11 above may include an application in respect of any person applying for leave to remain in the United Kingdom as a dependent of the main applicant, insofar as this is permitted by the immigration rules.

Prescribed procedures
    
13.  - (1) The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulation 3 above:

    (2) The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulation 4 above:

    (3) The following procedures are hereby prescribed in relation to an application for which a form is prescribed in regulations 5 to 11 above:

     14.  - (1) A failure to comply with any of the requirements of regulation 13(1)(a) or (b), 13(2)(a) or (b), or 13(3)(a) or (b) above to any extent will only invalidate an application if:

    (2) For the purposes of this regulation, the date on which the application is made is:

Revocation
    
15.  - (1) The Regulations referred to in paragraph (2) are hereby revoked.

    (2) Those Regulations are:


Des Browne
Minister of State

Home Office
16th March 2005



SCHEDULE 1
Regulation 3



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SCHEDULE 2
Regulation 4



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SCHEDULE 3
Regulation 5



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SCHEDULE 4
Regulation 6



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SCHEDULE 5
Regulation 7



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SCHEDULE 6
Regulation 8



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SCHEDULE 7
Regulation 9



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SCHEDULE 8
Regulation 10



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SCHEDULE 9
Regulation 11



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EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and partly replace the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 (S.I. 2003/1712) ("the 2003 Regulations").

These Regulations, like the 2003 Regulations, prescribe forms which are to be used for applications for limited or indefinite leave to remain in the United Kingdom. Each form relates to specific categories of applicant, as set out in regulations 3 to 11 respectively. These Regulations replace the prescribed forms set out in the schedules to the 2003 Regulations with revised application forms. The changes to the application forms are mainly to the layout, although there are some additional questions, some additional requests for documentary evidence, and other minor changes. There are no changes to the prescribed form at Schedule 2 of these Regulations (Form FLR (IED)).

As in the 2003 Regulations, and by virtue of regulation 12 of these Regulations, an application made on a prescribed form may include an application in respect of anyone applying for leave to remain in the United Kingdom as a dependent of the main applicant.

These Regulations, like the 2003 Regulations, prescribe the procedures which are to be followed in relation to an application for which a form is prescribed. Regulation 13 of these Regulations makes some changes to the procedures prescribed by the 2003 Regulations.

Regulation 13(1) of these Regulations provides that applications for limited or indefinite leave to remain in the United Kingdom as a business person, as a sole representative, as a retired person of independent means, as an investor, or as an innovator, may only be submitted by post or courier. These applications may not be submitted at a public enquiry office.

Regulation 13(2) of these Regulations provides that applications for limited leave to remain in the United Kingdom for work permit employment, as a seasonal agricultural worker, for the purposes of employment under the Sectors-Based Scheme, or for Home Office approved training or work experience, may now be submitted at the Public Enquiry Office in Croydon. These applications could previously only be made by post or courier. Applications for limited leave to remain in the United Kingdom as a highly skilled migrant can still only be submitted by post or courier.


Notes:

[1] 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).back

[2] 1999 c. 33.back

[3] S.I. 2003/1712.back

[4] S.I. 2004/581.back

[5] S.I. 2004/2576.back



ISBN 0 11 072789 4


 © Crown copyright 2005

Prepared 12 April 2005


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