Immigration Glossary
Acronyms
- HSMP - Highly Skilled Migrant Programme
- ILR - Indefinite Leave to Remain
- IO - Immigration Officer
- NS - National Statistic
- PBS - Points Based System
- WRS – Workers Registration Scheme
Terms
A8 are the eight European countries that joined the European Union on 1st May 2004: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.
After-entry application to vary leave to remain is an application from a person who wishes to extend or change their status of their stay in the UK. Before their existing permission to enter or stay has expired an individual is required to make an application for an extension or change in status.
British citizens are people with citizenship, through a connection with the UK: birth, adoption, descent, registration, or naturalisation. British citizens have the right of abode in the UK.
British Overseas Citizens are people connected with the former British colonies who, for the most part, did not acquire citizenship of the new country when it attained independence.
The Common Travel Area consists of the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland.
A document certifying permanent residence is issued to EEA nationals to confirm their right of permanent residence in the UK. EEA nationals acquire this right after exercising a treaty right for a continuous period of five years. They are not obliged to apply for a permanent residence card.
Employment and Support Allowance is an allowance aimed at helping people with an illness or disability to move into work.
Entry clearance takes the form of a visa (for visa nationals) or an entry certificate (for non visa nationals). These documents are to be taken as evidence of the holder’s eligibility for entry into the United Kingdom, and accordingly accepted as “entry clearances” within the meaning of the Immigration Act 1971.
Grant of settlement is a grant of indefinite leave to enter (on arrival) or indefinite leave to remain (after entry) to a non-EEA national.
The Highly Skilled Migrant Programme (HSMP) began on 28 January 2002. It differs from the work permit system in that it does not require an employer to obtain a permit for the individual. Applicants are assessed on a points system, based on their qualifications, earning ability and experience. The programme has now been replaced by PBS Tier 1.
Immigration Officers working in passport control are responsible for checking the right of entry to the UK of all individuals arriving at seaports, airports and via the Channel Tunnel. As well as examining documentation, they may gather intelligence and do case work. Where necessary, they will use legal powers to detain or remove illegal entrants to the UK.
Income Support is a benefit for people unavailable for full-time work and do not have enough money to live on.
Indefinite leave to remain is a grant of settlement (after entry) to a non-EEA national.
Initial decision is a decision by UK Border Agency on an application regarding immigration control, subject to a right of appeal.
Jobseeker’s Allowance (income-based) is the main benefit for people between 18 and state pension age who are out of work or work less than 16 hours a week on average, based on income and savings criteria.
A landing card is a form completed by all passengers subject to immigration control, which is given to the Immigration Officer on arrival.
Leave to remain is permission to stay in the UK either temporarily (limited leave to remain) or permanently (indefinite leave to remain).
A non-suspensive appeal is a right of appeal where UKBA has concluded that there are insufficient grounds shown that would qualify for a grant of asylum, Humanitarian Protection or Discretionary Leave to remain (known as a ‘clearly unfounded claim’) and the applicant will not have the right to appeal against the decision while still in the UK.
Notified voluntary departure is where persons against whom enforcement action has been initiated, decide to voluntarily to leave the UK and inform the UK Border Agency of their intention to depart.
Other voluntary departure is where persons who it has been established left the UK without informing the immigration authorities are identified through data-matching exercises. Such individuals can be identified at embarkation controls, from subsequent visa applications or from passenger information supplied by airlines through the e-borders system. Figures are only available from 2005 onwards.
A permanent residence card is issued for non-EEA family members of EEA nationals on the provision that they have a right to such a card. To acquire that right the non-EEA national must be a family member of an EEA national and must have been living in accordance with the EEA regulations for a continuous period of five years. The permanent residence card is valid for a period of 10 years. Non-EEA family members are not obliged to apply for a permanent residence card.
Points Based System is a rationalisation of 80 existing immigration control processes for persons working and studying in the UK into 5 ‘tiers’.
Port of entry is an air, sea or rail terminal though which persons from outside the UK enter the country.
Refugee is defined, by the 1951 United Nations Convention relating to the Status of Refugees and 1967 Protocol, as being a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality. The individual is unable or, owing to such a fear, is unwilling to avail themselves of the protection of that country; or who, not having a nationality and being outside the country of their former habitual residence, is unable, or owing to such fear is unwilling to return to it. Recognition of refugee status by the UK is a pre-requisite to the grant of asylum in the UK.
Registration certificates are issued to EEA nationals to confirm that they are exercising a treaty right. EEA nationals are not obliged to apply for a registration certificate.
Removal of time limit is administrative action resulting in a non-EEA national being granted indefinite leave to remain.
Removals and voluntary departure figures include enforced removals, notified voluntary departures, persons leaving under Assisted Voluntary Return Programmes and, since 2005, ‘other voluntary departures’. It also includes non-asylum cases refused entry at port and subsequently removed.
Residence cards are issued to non-EEA national family members of an EEA national when sought. It confirms their status as a family member of an EEA national and is normally issued for a period of five years.
Right of abode is the legal description of a person’s right to enter and live in the UK without any immigration restrictions.
Right to reside. An individual has the right to reside in the UK if they are:
• a UK national or from the Channel Islands, the Isle of Man or the Republic of Ireland; from the European Economic Area (EEA) or Switzerland and working for an employer or are self-employed in the UK;
• from the EEA or Switzerland and actively looking for work and registered with Jobcentre Plus; or
• from outside the EEA but have permission to remain in the UK.
Nationals of the EEA or Switzerland, who are not working or actively looking for work, may not have a right to reside in the UK, unless they have the resources to support themselves. There is no statutory definition of the term “right to reside”.
Students are non-EEA nationals travelling to the UK primarily or solely for the purpose of study.
The Student visitor category provides for those persons who wish to come to the UK as a visitor and undertake a short period of study which will be completed within the period of their leave (maximum 6 months). Short term students (i.e. those studying on courses of six months duration or less) who do not intend to take part-time employment or undertake a paid or unpaid work placement as part of their course can also apply within this category.
Tier 1 of the Points Based System: For highly skilled individuals who can contribute to growth and productivity.
Tier 2 of the Points Based System: For skilled workers from outside the EEA with a job offer to fill gaps in UK labour force.
Tier 3 of the Points Based System: For limited numbers of low skilled workers needed to fill specific temporary labour shortages (currently suspended).
Tier 4 of the Points Based System: Students.
Tier 5 of the Points Based System: Youth mobility and temporary workers: people allowed to work in the UK for a limited period of time to satisfy primarily non-economic objectives.
UK ancestry is a possible route of entry to work and/or settle in the UK for Commonwealth citizens without right of abode if they can show that they have a grandparent who was born in the UK.
UK Border Agency (UKBA) is responsible for securing the UK borders and controlling migration in the UK.
Upper Tribunal Judges hear and decide appeals against decisions made by the First-Tier Tribunal Judges.
Visa application is an application for entry clearance made at a British post abroad by a person, who is a national of a country requiring a visa, who does not have right of abode, and is wanting to travel to the UK.
Worker Registration Scheme. A8 nationals who take up employment in the UK are required to apply to register that employment under the Worker Registration Scheme (WRS) within one month of commencing work. The requirement to register employment no longer applies if the individual completes 12 months continuous registered employment in the UK. The requirement to register does not apply to work in a self-employed capacity.
