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

Statutory Instruments

2006 No. 2899

IMMIGRATION

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

Made

31st October 2006

Laid before Parliament

7th November 2006

Coming into force

8th November 2006

The Secretary of State, in exercise of the powers conferred by section 31A of the Immigration Act 1971(1), makes the following Regulations:

Citation and commencement

1.  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 2006(2) 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 Byrne

Minister of State

Home Office

31st October 2006

Regulation 5

SCHEDULE 1

Regulation 6

SCHEDULE 2

Explanatory Note

(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.

(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). Section 31A is prospectively repealed by section 50 of the Immigration, Asylum and Nationality Act 2006 c. 13. That provision has not yet been commenced.

(2)

S.I. 2006/1421.