TFC07250 - Persons not treated as being in the UK: persons subject to immigration control

Childcare Payments (Eligibility) Regulations 2015, regulation 7(3)(c)

The general rule is that a person who is subject to immigration control cannot be treated as being in the UK. The term ‘person subject to immigration control’ is defined in the Immigration and Asylum Act 1999 and means a person who falls under any of the categories below:

• a person who requires permission to enter or remain in the UK and do not have it

• a person whose permission to enter or remain in the UK is subject to the condition that they do not have recourse to public funds

• a person whose leave to enter or remain in the UK is given as a result of a maintenance undertaking. (They are sometimes known as ‘sponsored immigrants’). A maintenance undertaking means a written undertaking given by another person (or persons), under the Home Office’s immigration rules, to be responsible for the maintenance and accommodation of the person in question

• a person who qualifies under Section 78 of the Nationality, Immigration and Asylum Act 2002 in that they may not be removed from the UK while there is an outstanding appeal against a decision to vary or not to vary his permission to remain in the UK. The person will remain subject to immigration control in this period