The Immigration and Nationality (Replacement of Tier 4 and Fees) and Passport (Fees) (Amendment) Regulations 2020

Amendments to the Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 U.K.

2.—(1) The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009 M1 is amended as follows.

(2) In article 2 (interpretation)—

(a) after the definition of “the Act” insert—

““Appendix CS migrant” means a person who—

(a) makes an application for entry clearance or leave to remain under Appendix CS: Child Student to the immigration rules M2 , or

(b) has been granted such clearance or leave under that Appendix;”;

(b) in the definition of “immediate family”—

(i) for “Tier 2 or Tier 4 migrant's” substitute “Tier 2 migrant's, Tier 4 migrant's or student migrant's”;

(ii) for the comma after “same sex partner” substitute “ or ”;

(iii) for “or parent of” substitute “ , or a parent of a student migrant who is an Appendix CS migrant or of ”;

(c) for the definition of “Points-based system” substitute—

““Part 6A Points-based system” means the Points-based system under Part 6A of the immigration rules;”;

(d) in the definition of “sponsor licence” for “Tiers 2, 4 or 5 of the Points-based System” substitute “ Tier 2 or 5 of the Part 6A Points-based system ”;

(e) after the definition of “sponsor licence” insert—

““student migrant” means a migrant who—

(a) makes an application for entry clearance or leave to remain under Appendix ST: Student to the immigration rules M3 , other than an application made as the dependant partner or dependant child of a Student (within the meaning those expressions have in that Appendix),

(b) has been granted such clearance or leave under that Appendix, other than as the dependant partner or dependant child of a Student (within the meaning those expressions have in that Appendix),

(c) makes an application for entry clearance or leave to remain under Appendix CS: Child Student to the immigration rules, or

(d) has been granted such clearance or leave under that Appendix;

“Student sponsor” has the meaning given in paragraph 6 of the immigration rules M4 ;”;

(f) in the definition of “Tier 2 migrant”—

(i) for “the immigration rules' Points-based system” substitute “ the Part 6A Points-based system ”;

(ii) after “has been granted” insert “ entry clearance or ”;

(g) after the definition of “Tier 2 migrant” insert—

““Tier 4 (Child) Student” means a Tier 4 migrant whose application is for entry clearance or leave to remain, or who has been granted entry clearance or leave, as a Tier 4 (Child) Student within the meaning given by paragraph 6 of the immigration rules;”;

(h) in the definition of “Tier 4 migrant”—

(i) for “makes an application” substitute “ before 9.00 a.m. on 5th October 2020 made an application which was an application ”;

(ii) for “the immigration rules' Points-based system” substitute “ the Part 6A Points-based system and which had not been determined immediately before that time ”;

(iii) after “has been granted” insert “ entry clearance or ”.

(3) In article 3 (exemption of licensed sponsors)—

(a) in the heading, at the end insert “ and Student sponsors ”;

(b) in paragraph (1) for the words from “are licensed sponsors” to the end substitute—

“(a) are licensed sponsors of Tier 2 migrants and provide immigration advice or immigration services free of charge to those migrants or their immediate family, or

(b) are Student sponsors and provide immigration advice or immigration services free of charge to student migrants or Tier 4 Migrants or to the immediate family of those migrants.”

(c) in paragraph (2) for “the Points-based system”, in both places it occurs, substitute “ the Part 6A Points-based system or under Appendix ST: Student or Appendix CS: Child Student to the immigration rules ”;

(d) in paragraph (3) at the end insert “ or the Student sponsor ”.

Commencement Information

I1 Reg. 2 in force at 5.10.2020 at 9.00 am, see reg. 1(2)

Marginal Citations

M1 S.I. 2009/506.

M2 The United Kingdom immigration rules were laid before Parliament on 23rd May 1994 (HC 395) and have been subsequently amended. Appendix CS: Child Student was added by the Statement of Changes in Immigration Rules laid before Parliament on 10th September 2020 (HC 707), which also made other related amendments to the rules. Appendix CS: Child Student refers to “permission to stay” which is defined in paragraph 6 of the United Kingdom immigration rules (as amended by the Statement of Changes) to include leave to remain.

M3 Appendix ST: Student was added to the United Kingdom immigration rules by the Statement of Changes in Immigration Rules laid before Parliament on 10th September 2020 (HC 707), which also made other related amendments to the rules. Appendix ST: Student refers to “permission to stay” which is defined in paragraph 6 of the United Kingdom immigration rules (as amended by the Statement of Changes) to include leave to remain.

M4 The definition of “Student sponsor” in paragraph 6 was inserted by the Statement of Changes in Immigration Rules laid before Parliament on 10th September 2020 (HC 707).