TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 16

cases of restricted returnability (see paragraph 15), or if the passenger is due to leave the United Kingdom on a particular charter service, or in transit to another country, or if his case ought to be subject to early review by the Home Office. Visitors should normally be prohibited from taking employment.

Students

21. A passenger seeking entry to study in the United Kingdom should be admitted (subject to paragraph 13) if he presents a current entry clearance granted for that purpose. An entry clearance will be granted if the applicant produces evidence which satisfies the entry clearance officer that he has been accepted for a course of study at a university, a college of education or further education, an independent school or any bona fide private educational insti- tution; that the course will occupy the whole or a substantial part of his time; and that he can, without working and without recourse to public funds, meet the cost of the course and of his own maintenance and accommodation and that of any dependants during the course.

22. An applicant is to be refused an entry clearance as a student if the entry clearance officer is not satisfied that the applicant is able, and intends, to follow a full-time course of study and to leave the country on completion of it. In assessing the case the officer should consider such points as whether the applicant's qualifications are adequate for the course he proposes to follow, and whether there is any evidence of sponsorship by his home govern- ment or any other official body. As a general rule an entry clearance is not to be granted unless the applicant proposes to spend not less than 15 hours a week in organised daytime study of a single subject or of related subjects, and is not to be granted for the taking of a correspondence course.

23. An applicant accepted for training as a nurse or midwife at a hospital should be granted an entry clearance as a student unless there is evidence that he or she had obtained acceptance by misrepresentation or does not intend to follow the course. Doctors and dentists are admissible for full-time post- graduate study even though they also intend during their stay to seek employ- ment in training posts related to their studies.

24. A passenger who holds a current entry clearance, or who can satisfy the Immigration Officer that he fulfils the requirements of paragraphs 21–23, may be admitted for an appropriate period depending on the length of the course of study and on his means, with a condition restricting his freedom to take employment; he should be advised to apply to the Home Office before the expiry of his leave to enter for any extension of stay that may be required. A passenger who satisfies the Immigration Officer that he has genuine and realistic intentions of studying in the United Kingdom but cannot satisfy the requirements of paragraphs 21-23 may be admitted for a short period, within the limit of his means, with a prohibition on the taking of employment, and should be advised to apply to the Home Office for further consideration of his case. Otherwise a passenger arriving without an entry clearance who is seeking entry as a student is to be refused admission.

25. The wife and children under 18 (as defined in paragraphs 44-46) of a person admitted as a student should be given leave to enter for the period of

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