3.—(1) In these Regulations “highly skilled person” means a person who—
(a)meets the requirements specified by the Secretary of State for the purpose of paragraph 245BB(c) (requirements for entry clearance as a Tier 1 (Exceptional Talent) migrant) M1 of the immigration rules; or
(b)has been awarded one of the following qualifications and applies for an EEA registration certificate within 12 months of being awarded the qualification—
(i)a recognised bachelor, masters or doctoral degree;
(ii)a postgraduate certificate in education or professional graduate diploma of education; or
(iii)a higher national diploma awarded by a Scottish higher education institution.
(2) For the purposes of paragraph (1)(b), the qualification must have been awarded by a higher education institution which, on the date of the award, is a UK recognised body or an institution that is not a UK recognised body but which provides full courses that lead to the award of a degree by a UK recognised body.
(3) For the purposes of paragraph (1)(b)(iii), to qualify as a higher national diploma from a Scottish institution, a qualification must be at level 8 on the Scottish credit and qualifications framework.
(4) In this regulation, a “UK recognised body” means an institution that has been granted degree awarding powers by a Royal Charter, an Act of Parliament or the Privy Council.
Marginal Citations
M1Paragraph 245BB was inserted by the Statement of Changes to the immigration rules (HC863) laid before Parliament on 16 March 2011. The requirements specified for the purpose of paragraph 245BB(c) are set out in Appendices A and L of the immigration rules.