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Immigration Rules definition

What does Immigration Rules mean? In UK legal practice, the Immigration Rules are the detailed criteria and procedures the Home Office applies to decide entry clearance, leave to enter and leave to remain, including the length of leave and its conditions (e.g., work, study, no recourse to public funds). They regulate those who require leave because they lack the right of abode, and set out the practice to be followed in administering the Immigration Act 1971. Made by the Secretary of State under section 3(2) of the Immigration Act 1971, the Rules are laid before Parliament as House of Commons Papers; amendments are issued as Statements...

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HC 309: UK Immigration Rules changes—rolling ILR absence test, Tier 1 Entrepreneur reforms, Exceptional Talent expanded, Tier 2/Tier 4 updates, electronic entry clearance, visitors transit, bail regime

Practice notes
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This analysis considers the main changes to the immigration rules (the Rules) set out in HC 309

HC 309, accompanied by an Explanatory Memorandum (EM), was issued on 7 December 2017. It addresses:

  • the digital issuing of entry clearance
  • contentious revisions to the Rules on indefinite leave to remain (ILR) for principal applicants and their dependants in work categories, particularly how absences from the UK are assessed
  • significant amendments to the Tier 1 (Entrepreneur) sub‑tier
  • changes to Tier 1 (Exceptional Talent), including:
    • raising the Tier 1 (Exceptional Talent) limit to 2,000 endorsements per year, with 1,000 to be distributed among the Designated Competent Bodies on a first‑come first‑served basis
    • introducing a provision allowing migrants endorsed under the exceptional talent criteria to apply for ILR after three years
  • amendments to Tier 2 (General), including:
    • permitting Tier 4 (General) students to switch into Tier 2 (General) upon course completion, rather than waiting for final results
    • relaxing the resident labour market test for certain supernumerary researchers and members of established research teams
    • restricting prohibitions on start date delays so they...
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Web page updated on 21/05/2026

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