Training and work experience
111. A person holding a permit from the Department of Employment for training on the job will have been admitted for the period specified in the permit up to a maximum of 12 months and subject to a condition restricting him to approved employment. When a trainee who is subject to such a condition applies for an extension of stay in order to continue or complete the training for which he was admitted, the application may be granted if the Department of Employment confirm that his training is continuing and that he is making satisfactory progress.
112. A person holding a permit from the Department of Employment for short-term employment not leading to additional qualifications or skills but enabling him to widen his occupational experience and in some cases also to improve his knowledge of English will have been admitted for the period specified in the permit, up to a maximum of 12 months and subject to a con- dition restricting him to approved employment. An application for extension of stay to continue the engagement for a further limited period will be granted only if, in exceptional circumstances, the Department of Employment approve the proposed extension.
113. Transfers from training or work experience to ordinary employment will not be allowed nor does training or employment approved under these paragraphs constitute approved employment for purposes of settlement (see paragraph 133).
114. Visitors and students may be granted extensions to stay as trainees if the Department of Employment consider the offer of training to be satisfactory and if there is no reason to believe that the applicant does not intend to leave the United Kingdom on completion of his training: otherwise an extension should be refused.
"Au pair"
115. Where the Immigration Officer was satisfied that an "au pair" arrange- ment had been made, the girl will normally have been admitted for up to 12 months, with a condition prohibiting her employment. Where she sub- sequently applies for an extension of stay in the "au pair" capacity, an extension to bring the aggregate of her periods of stay up to 2 years in an "au pair" capacity may be granted if the "au pair" arrangement is satisfactory. When an extension is granted the applicant should be informed that 2 years is the maximum period permitted. An application from a girl admitted on some other temporary basis for an extension of stay in an “au pair" capacity may be granted if she could fulfil the requirements of paragraph 26. Such an extension should be subject to a prohibition on her taking employment.
Work permit holders
16. A person coming here to work, and having a work permit issued by ne Department of Employment, will normally have been admitted for the period specified in the permit. At the end of that period an extension of stay may be granted if the applicant is still engaged in, and the employer confirms that he wishes to continue to employ him in, the employment specified in the permit, or 2
other employment approved by the Department of Employment. Where a permit was issued for a period of other than 12 months, an application for an extension of stay in the employment for which the permit was issued should be referred to the Department of Employment. Only if that Department is prepared in the particular case to approve the continued employment may an appropriate extension of stay be granted. In other cases, unless there is any exceptional reason to the contrary, this extension should be for a further 3 years. A corres- ponding extension should be granted to the applicant's wife and children, where appropriate and where the maintenance and accommodation requirements of paragraph 42 continue to be met. Cases where the applicant is no longer in approved employment should be considered in the light of all the relevant circumstances.
Permit-free categories
117. A person admitted in accordance with paragraphs 31-34, with the exception of crew members (see paragraph 101) may be granted extensions of stay if he is still engaged in the category of employment for which he was admitted and the employer confirms that he wishes to continue to employ him. Unless there are special reasons to the contrary the extension should be for 3 years except in the case of a teacher or language assistant under an exchange scheme, in whose case the maximum period of stay should be 2 years, or a seasonal worker at an agricultural camp, in whose case an extension in that capacity is not to be granted beyond 30th November in any year. A corre- sponding extension should be granted to an applicant's wife and children where appropriate and where the support and accommodation requirements of paragraph 42 continue to be met. A person given leave to enter or remain in some other capacity has no claim to remain for permit-free employment and applications to do so should be refused, except in the case of doctors registered with the General Medical Council, who may be granted extensions of stay for up to 3 years.
Businessmen and self-employed persons
118. People given limited leave to enter or remain in some other capacity have no claim to establish themselves here for the purpose of setting up in business whether on their own account or as partners in a new or existing business, or to be self-employed, and their applications for extension of stay or leave to remain for these purposes are to be refused.
119. In considering applications for extension of stay from people admitted with entry clearances for the purpose of setting up in business or self employ- ment, the following factors are to be taken into account. There must be evidence that the applicant is devoting money of his own to the business proportional to his interest in it and that he is able to bear his share of any liability the business may incur. The applicant's part in the business must not amount to disguised employment; and it must be clear that he does not and will not have to supplement his business activities by employment of any kind or by recourse to public funds. In no case should his investment in the business be less than £150,000. Evidence should be sought that the applicant is occupied full-time in the running of the business and that there is a genuine need for his services and investment. There must be evidence that his share of the profits is sufficient