2006 No. 2899

IMMIGRATION

The Immigration (Leave to Remain)(Prescribed Forms and Procedures)(Amendment No.2) Regulations 2006

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by section 31A of the Immigration Act 19711, makes the following Regulations:

Citation and commencement1

These Regulations may be cited as the Immigration (Leave to Remain)(Prescribed Forms and Procedures)(Amendment No.2) Regulations 2006 and shall come into force on 8th November 2006.

Amendment

2

The Immigration (Leave to Remain)(Prescribed Forms and Procedures) Regulations 20062 shall be amended as follows.

3

For regulation 4 substitute—

4

The form set out in Schedule 2 is prescribed for an application for limited leave to remain in the United Kingdom:

a

for work permit employment,

b

as a seasonal agricultural worker,

c

for the purposes of employment under the Sectors-Based Scheme, or

d

for Home Office approved training or work experience,

for the purposes of the immigration rules.

4

After regulation 4, insert—

4A

The form set out in Schedule 2A is prescribed for an application for limited leave to remain in the United Kingdom as a highly skilled migrant for the purposes of the immigration rules.

5

For the form set out in Schedule 2, there is substituted the form which is set out in Schedule 1 to these Regulations.

6

After Schedule 2, insert as Schedule 2A the form which is set out in Schedule 2 to these Regulations.

Transitional provisions

7

An application for limited leave to remain in the United Kingdom:

a

for work permit employment,

b

as a seasonal agricultural worker,

c

for the purposes of employment under the Sectors-Based Scheme, or

d

for Home Office approved training or work experience,

for the purposes of the immigration rules, which is made on the substituted form shall be deemed to have been made on the form set out in Schedule 1 to these Regulations if made within 27 days of these Regulations coming into force.

8

An application for limited leave to remain in the United Kingdom as a highly skilled migrant for the purposes of the immigration rules, which is made on the substituted form shall be deemed to have been made on the form set out in Schedule 2 to these Regulations if made within 27 days of these Regulations coming into force.

Liam ByrneMinister of StateHome Office

SCHEDULE 1

Regulation 5

Image_r00000

Image_r00001

Image_r00002

Image_r00003

Image_r00004

Image_r00005

Image_r00006

Image_r00007

Image_r00008

SCHEDULE 2

Regulation 6

Image_r00009

Image_r00010

Image_r00011

Image_r00012

Image_r00013

Image_r00014

Image_r00015

Image_r00016

Image_r00017

Image_r00018

Image_r00019

Image_r00020

Image_r00021

Image_r00022

Image_r00023

Image_r00024

Image_r00025

(This note is not part of the Regulations)

These Regulations amend the Immigration (Leave to Remain)(Prescribed Forms and Procedures) Regulations 2006 (“the 2006 Regulations”). The 2006 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.

These Regulations prescribe a new FLR (IED) form for applications for limited leave to remain in the UK for (i) work permit employment, (ii) as a seasonal agricultural worker, (iii) for the purposes of the Sectors-Based Scheme and (iv) for Home Office approved training or work experience. The new FLR (IED) form omits any reference to highly skilled migrants. In addition, a new form, FLR (HSMP), is prescribed for applications for limited leave to remain in the UK as a highly skilled migrant. This new form is prescribed in order to reflect the changes that have been made to the immigration rules in respect of the highly skilled migrant programme.

These Regulations also provide transitional arrangements. Applications for limited leave to remain in the UK for (i) work permit employment, (ii) as a seasonal agricultural worker, (iii) for the purposes of the Sectors-Based Scheme and (iv) for the Home Office approved training or work experience which are made on the old FLR (IED) form (i.e. the form that still has references to highly skilled migrants) will be treated as if made on the new FLR (IED) form (i.e. the one without references to highly skilled migrants) for 27 days after these Regulations come into force. In addition, applications for limited leave to remain in the UK as a highly skilled migrant which are made on the old FLR (IED) form will be treated as if made on the new FLR (HSMP) form for 27days after these Regulations come into force.