CA-2024-000740 - [2025] EWCA Civ 1375

The Introduction section of the Immigration Rules includes paragraph 6 which defines certain terms. A condition is defined as “a condition of leave to enter or remain under section 3(1)(c) of the Immigration Act 1971, such as a prohibition on employment or study”. Permission to enter or permission to stay “has the same meaning as” leave to enter or leave to remain under the Act. A week is defined as meaning “a period of 7 days beginning with a Monday”. Work is defined as having the same meaning as employment (save for one immaterial exception) and employment is defined as including “paid and unpaid employment, paid or unpaid work placements, undertaken as part of a course or period of study, self-employment and engaging in business or any professional activity”.

Part 1 of the Immigration Rules contain general provisions regarding leave to enter. Paragraph 7 requires a person who is not a British citizen (or a person in certain other categories) to have leave to enter or remain. Paragraph 8 provides that an immigration officer giving limited leave “may impose” a “condition restricting employment or occupation in the United Kingdom”. The substantive criteria that a person must meet to obtain leave to enter or remain as a student are contained in an appendix to the Immigration Rules.

Part 9 of the Immigration Rules deals with grounds of refusal. Paragraph 9.8.8 provide that:

“9.8.8.

Permission (including permission extended under section 3C of the Immigration Act 1971) may be cancelled where the person has failed to comply with the conditions of their permission.”

We were referred to guidance issued by the defendant. As that guidance was not in force at the time of the decision, it is not relevant and I say no more about that guidance.