The UK tuberculosis-testing requirement has changed

The UK's Immigration Rules' "appendix tuberculosis" came into effect on 5 October and replaced paragraphs A39, B39 and C39 of and "appendix T" of the rules.

New appendix

Under the new appendix, a person must provide a valid tuberculosis (TB) certificate with their application if they have been continuously present in a listed country or countries for six months or more. This includes a period of any length within the six months before the date of application and if they are applying for entry clearance to come to the UK for more than six months (except for applications made under "appendix Ukraine Scheme"), or as a fiancé(e) or proposed civil partner under "appendix FM: family members", or as a returning resident in accordance with "appendix returning residents". 

It is only valid if it was issued by a medical practitioner approved by the secretary of state, confirms that they have undergone screening for active pulmonary TB and that this is not present, was issued within the six-month period immediately before the date of application and has not expired. 

This differs from previous legislation: people that had not been continuously residing in a listed country for a period of six months or more immediately prior to the date of the application were not required to provide a TB certificate as part of their application. 

TB certificate rules

Another new rule is that an applicant may have to provide a new TB certificate if the one that they provided as part of their application expires more than six months prior to the application being considered by a decision-maker, and the applicant otherwise meets the requirements to be granted entry clearance. 

The decision-maker can also waive the requirement to provide a valid TB certificate if they are satisfied that the applicant is unable to obtain a certificate and it is reasonable to waive the requirement on the specific facts of the case. 

Osborne Clarke comment

The list of countries, however, has remained unchanged. 

Employers need to be aware of these changes, as obtaining TB certification can take quite some time and may delay the processing of applications if not done correctly and in advance of submission of visa applications.