1. There is nothing in the 1972 Immigration Rules (HC 510) that provides that a person who cannot come within one of the categories of the Immigration Rules is to be refused an extension of stay for that reason alone. Rule 4 sets out the ‘main categories’ of people who may be given leave, recognising the possibility that there are other categories not specifically set out that can be dealt with on a discretionary basis. Accordingly, it was open to the Home Office to grant an extension of stay as a businesswoman to someone who had entered as an au pair. The finding in OT (Turkey) [2010] UKUT 330 (IAC) that HC 510 prohibited switching to business status by anyone other than a visitor is not considered correct. (See also now LE (Turkey) [2010] CSOH 153).
2. Paragraph 28 of HC 510 does not require a person who had been given leave as a businessman to demonstrate as a pre-condition for the exercise of discretion that in each or any year in which they had been given leave in that capacity they had complied with particular requirements of paragraph 21. Those requirements are directly relevant only to the first application for permission to remain and the first extension of stay.
3. There is no precise code in HC 510 distinguishing between maintenance and accommodation and precluding third party contributions to living expenses.
Citations:
[2010] UKUT 425 (IAC), [2011] Imm AR 212
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 27 November 2022; Ref: scu.444064
