to maintain and accommodate him and any dependants without recourse to public funds. Audited accounts are to be produced to establish the precise financial position. There must also be evidence that his services and investments have created paid full-time employment in the business for persons already settled here. For the purposes of this paragraph business includes self-employ- ment (other than as a writer or artist).
120. An application for an extension of stay in order to remain in business or self-employment here should not be granted unless the requirements of paragraph 119 are met, in which case the applicant's stay may be extended for a period up to 12 months on a condition restricting his freedom to take em- ployment. Further extensions should only be granted if these requirements * continue to be met.
Writers and artists
121. A person who was admitted as the holder of an entry clearance issued to him as a writer or an artist may be granted extensions of stay not exceeding 12 months, subject to a condition restricting his freedom to take employment, if he can produce satisfactory evidence that he is maintaining and accommo- dating himself and his dependants from the proceeds of his self-employment as a writer or artist without recourse to public funds and without having resorted to employment for which a work permit is necessary. People given limited leave to enter or remain in some other capacity have no claim to remain as writers or artists and their applications for extension of stay or leave to remain for these purposes are to be refused.
Persons of independent means
122. A person who was admitted as the holder of an entry clearance issued to him as a person of independent means should be asked to provide evidence that he continues to meet the requirements of paragraph 38. If the evidence is satisfactory, the applicant may be granted an extension of stay, not exceeding 12 months, and prohibited from taking employment. People given limited leave to enter or remain in some other capacity have no claim to remain as persons of independent means and their applications for extension of stay or leave to remain in this capacity are to be refused.
Marriage
123. A woman who satisfied the Immigration Officer that she was coming to the United Kingdom for early marriage to a man settled here as defined in paragraph 1 will normally have been admitted for 3 months subject to a con- dition prohibiting her from taking employment. If the marriage takes place within the 3 months period, she should be given indefinite leave to remain. If it does not, an extension of stay is to be granted only if good cause is shown for the delay and there is satisfactory evidence that the marriage will take place at an early date.
124. A woman admitted in a temporary capacity who marries a man settled here should on application be given indefinite leave to remain. If she marries a person who has only limited leave to enter, her leave should, if necessary, be varied by extending its duration so that it coincides with his.
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125. Fiancés arriving with entry clearances for the purpose of marriage to a woman settled here are normally admitted for 3 months. Subject to para- graph 126, if the marriage takes place within that period the man's stay should be extended for a further period not exceeding 12 months. Where an extension is granted any prohibition on the taking of employment should be removed and, subject to paragraph 126, the time limit should be removed at the end of that` period. If the marriage does not take place within the initial 3 months an ex- tension of stay is to be granted only if good cause is shown for the delay and there is satisfactory evidence that the marriage will take place at an early date thereafter. Subject to paragraph 126, a man who was admitted for a limited period as the husband of a woman settled here may have the time limit removed at the end of that period.
126.
Where a man admitted in a temporary capacity marries a woman settled here, an extension of stay or leave to remain will not be granted, nor will any time limit on stay be removed, if there is reason to believe:
(a) that the marriage was entered into primarily to obtain settlement here; or (b) that the parties to the marriage have not met; or
(c) that the husband has remained in breach of the immigration laws before
the marriage; or
(d) that the marriage has taken place after a decision has been made to deport him or he has been recommended for deportation or been given notice under section 6(2) of the Immigration Act 1971; or
(e) that the marriage has been terminated; or
(f) that one of the parties no longer has any intention of living permanently
with the other as his or her spouse.
Where there is no reason to believe that any of (a) to (f) applies the husband will be allowed to remain, for 12 months in the first instance, provided that the wife is a British citizen. At the end of the 12 months' period the time limit on the husband's stay may, subject to (a) to (f) above, be removed.
Children born in the United Kingdom who are not British citizens
127.
Paragraphs 128-131 apply only to unmarried dependent children aged under 18 who were born* in the United Kingdom but who, because neither of their parents was a British citizen or settled in the United Kingdom at the time of their birth, are not British citizens and are, therefore, subject to immigration control.
128. A child should be given leave to remain for the same period (which may be an indefinite period) as his parents. If the parents have leaves of different duration the child may be given leave for whichever period is longer; except that if the parents are living apart the child should be given leave to remain for the same period as the parent who has day to day responsibility for him.
In this paragraph and in paragraphs 129 and 130 "parents" and "parent" includes the stepfather of a child whose father is dead; the stepmother of a child
*On or after 1 January 1983, when the British Nationality Act 1981 came into force.
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