The Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2004

Statutory Instruments

2004 No. 581

IMMIGRATION

The Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2004

Made

3rd March 2004

Laid before Parliament

10th March 2004

Coming into force

1st April 2004

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:

1.  These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.

2.  The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003(2) shall be amended as follows.

3.  After regulation 3, insert—

“3A. The form set out in Schedule 1A is hereby prescribed for an application for limited leave to remain in the United Kingdom:

(a) for work permit employment,

(b) as a highly skilled migrant,

(c) as a seasonal agricultural worker,

(d) for the purpose of employment under the Sectors-Based Scheme, or

(e) for Home Office approved training or work experience,

for the purposes of the immigration rules.”.

4.—(1) In regulation 6(2)—

(a) for “paragraphs (3) and (4)” substitute “paragraph (4)”, and

(b) after “regulations 3,” insert “ 3A,”.

(2) Regulation 6(3) is omitted.

5.  In regulation 10, after “as a dependant of the main applicant”, insert “, insofar as this is permitted by the immigration rules”.

6.  In regulation 11(c), after subparagraph (ii), insert—

• “;

• save that an application for which a form is prescribed in regulation 3A above shall be sent by prepaid post or by courier to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office and may not be submitted in person at a Public Enquiry Office.”.

7.  In regulation 12(2)—

(a) after paragraph (a), delete “and”; and

(b) after subparagraph (b), insert—

• “, and

  (c)

  in the case of an application sent by courier, the date on which the application is delivered to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office.”.

8.  After Schedule 1, insert as Schedule 1A the form which is set out in the Schedule to these Regulations.

Beverley Hughes

Minister of State

Home Office

3rd March 2004

Regulation 8

SCHEDULE

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 (“the 2003 Regulations”). The 2003 Regulations prescribe forms to be used for applications for leave to remain in the United Kingdom and the procedures to be followed in relation to an application for which a form is prescribed.

Regulation 3 of these Regulations inserts into the 2003 Regulations a new regulation 3A which prescribes the form to be used for an application for limited leave to remain in the United Kingdom for work permit employment, as a highly skilled migrant or a seasonal agricultural worker, for the purpose of employment under the Sectors-Based Scheme, or for Home Office approved training or work experience. The form, which is set out in the Schedule to these Regulations, is inserted by Regulation 8 as Schedule 1A to the 2003 Regulations.

Regulation 6 of these Regulations amends the prescribed procedures to provide that an application for which a form is prescribed in new regulation 3A must be sent by prepaid post or by courier to Work Permits (UK) at the Immigration and Nationality Directorate of the Home Office.

(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).

(2)

S.I. 2003/1712.