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Chapter 26 Annex 2 Sections 21-25

Chapter 26 Annex 2 Part 5

Wording for refusals: Sections 21-25

21. Sole Representative

21.1 Not recruited or taken on as an employee outside the UK "...but I am not satisfied that you have been recruited and taken on as an employee outside the United Kingdom as a representative of the firm."


Paragraph 144(i)
21.2 Firm already represented in the UK "...but I am not satisfied that the firm does not already have a branch office/subsidiary/ representative in the United Kingdom."


Paragraph 144(i)
21.3 HQ/principal place of business not outside UK "...but I am not satisfied that the firm has it’s headquarters and principal place of business outside the United Kingdom."


Paragraph 144(i)
21.4 Authority "...but I am not satisfied that you are a senior employee with full authority to take operational decisions on behalf of the overseas firm for the purpose of representing it in the United Kingdom, or establishing and operating a branch office or wholly owned subsidiary of the firm."


Paragraph 144(ii)
21.5 Intention to work only part- time "...but I am not satisfied that you intend to be employed full-time as a representative of that overseas firm."


Paragraph 144(iii)
21.6 Majority shareholder "...but I am not satisfied that you are not a majority shareholder of that overseas firm."


Paragraph 144(iv)
21.7 Other employment "...but I am not satisfied that you do not intend to take employment other than as a representative of that overseas firm."


Paragraph 144(v)
21.8 Maintenance and accommodation "...but I am not satisfied that you can accommodate yourself and any dependants adequately without recourse to public funds."


Paragraph 144(vi)


22. Domestic workers in diplomatic or private households

22.1 Over/under/wrong age "...but (on evidence of date of birth available) I am not satisfied that you are aged over 18 years."

Non-Appealable Paragraph 152(i)
22.2 Employer not diplomat or member of diplomats family/ household "... but I am not satisfied that [he/she] is a: member of staff of a diplomatic/consular mission who enjoys diplomatic privileges and immunity within the meaning of the Vienna Convention on Diplomatic and Consular Relations/ member of the family forming part of the household of such a person."


Paragraph 152(i)
22.3 Intention to work part-time "... but I am not satisfied that you intend to work full-time as a private servant in a diplomatic household."


Paragraph 152(iii)
22.4 Domestic Worker, private households only - do not meet terms of H.O. Concession (see 18.10) "... but you have applied for EC for employment with ……. for which a Work Permit is required, but you do not hold one.” (A separate letter must also be issued. See 18.10.)

Non-Appealable Paragraph 152(i)


23. Overseas government employee

23.1 No satisfactory evidence of status "...I am not satisfied that you are able to produce satisfactory evidence of your status as an overseas government employee."


Paragraph 163
23.2 Intention to work part-time "...I am not satisfied that you intend to work full-time for the [government/organisation] concerned."


Paragraph 163
23.3 Other employment "............. other than as an employee of [an overseas government/the United Nations Organisation/..(an international organisation)]."


Paragraph 163
23.4 Not an international organisation which of which the UK is a member "...but this is not an international organisation of the United Kingdom is a member."


Paragraph 163
23.5 Maintenance and accommodation "...but I am not satisfied that you can maintain and accommodate yourself (and dependants) adequately without recourse to public funds."


Paragraph 163


24. Ministers of religion/Missionaries/Members of religious orders

24.1 Minister of religion - lacking relevant experience/training "...but I am not satisfied that you have either been working for at least one year as a minister of religion/you have been ordained as a minister of religion as prescribed by a religious faith as the sole means of entering the mission, following at least one year’s full-time/two years part-time training for the ministry."


Paragraph 170(i)(a)
24.2 Missionary - lacking relevant experience/training "But I am not satisfied that you have: been trained/worked as a missionary."


Paragraph 170(i)(b)
24.3 Missionary - not sent by overseas organisation "...but I am not satisfied that your are being sent to the United Kingdom by an overseas organisation."


Paragraph 170(i)(c)
24.4 Member of religious order not going to live in community "...but I am not satisfied that you are going to live in a community maintained by the religious order of which you are a member."


Paragraph 170(i)(c)
24.5 Member of religious order - to teach outside order "...but you are intending to teach and in view of ............ I am not satisfied that you do not intend to do so save at an establishment maintained by your order."


Paragraph 170(i)(c)
24.6 Intention to work part-time "...but I am not satisfied that you intend to work full-time in this employment."


Paragraph 170(ii)
24.7 Other employment "...but I am not satisfied that you do not intend to take employment other that as a: minister of religion/missionary / member of a religious order."


Paragraph 170(iii)
24.8 Minister of religion - not to fulfil appropriate functions "...but I am not satisfied that you will be a religious functionary whose main duties will comprise the leading of a congregation in performing the rites and rituals of the faith and preaching the essentials creed."


Paragraph 170(iii)
24.9 Missionary - not directly engaged in spreading religious doctrine "...but I am not satisfied that: you will be directly engaged in spreading a religious doctrine/ your work will not of the essence be administrative or clerical."


Paragraph 170(iii)
24.10 Maintenance and accommodation "...but I am not satisfied that you can maintain and accommodate yourself (and dependants) adequately without recourse to public funds."


Paragraph 170(iv)


25. Airport based operational ground staff of overseas owned airlines

25.1 Not transferred to UK to take up duty as a manager "...but I am not satisfied that you have been transferred to the United Kingdom to take up duty at an airport as a station/security/technical manager."


Paragraph 178(i)
25.2 Not overseas owned airline ...but I am not satisfied that they are an overseas owned airline."


Paragraph 178(i)
25.3 Intention to work part-time "...but I am not satisfied that you intend to work full-time in this employment."


Paragraph 178(ii)
25.4 Other employment "...but I am not satisfied that you do not intend to take other employment."


Paragraph 178(ii)
25.5 Maintenance and accommodation "...but I am not satisfied that you can maintain and accommodate yourself (and dependants) adequately without recourse to public funds."


Paragraph 178(iv)


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