Tier 1 Investor Leave to Remain, Extension, Curtailment, ILR

This post relates to Tier 1 Investor Extensions and Indefinite Leave to Remain in the UK.

Tier 1 Investor Visa Extensions and ILR Requirements

Paragraph 245ED of the Immigration Rules covers the Requirements for Tier 1 Investor Leave to Remain; whereas, Paragraph 245EE enumerates Period, Conditions and Curtailment of Grant. The Requirements for Indefinite Leave to Remain are covered by Paragraph 245EF of the Immigration Rules.

Tier 1 Investor Visa- Requirements for Leave to Remain

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If Tier 1 Investor Extension Application fulfils the covenants of Paragraph 245ED then a leave to remain is granted; whereas, if an applicant is unable to fulfill the requirements then the application will be refused.

The application must not be refused on general grounds; an applicant must not be an illegal entrant. The applicant needs to score a minimum of 75 points as per paragraphs 54 to 65-SD of Appendix A.

The applicant must have (or have last been granted) entry clearance, leave to enter or remain as a Tier 1 (Investor) Migrant. The applicant can switch to Tier 1 Investor from any other category as detailed at 245ED(c). Moreover, Tier-4 Student can also switch to Tier 1 Investor, subject to fulfilments at 245ED(d). The applicant must be at least eighteen (18) years of age and is control of assets and investment for which he/she is claiming points.

245ED. Requirements for Leave to Remain

To qualify for leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.

(c) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:

  • (i) as a Highly Skilled Migrant,
  • (ii) as a Tier 1 (General) Migrant,
  • (iii) as a Tier 1 (Entrepreneur) Migrant,
  • (iv) as a Tier 1 (Investor) Migrant,
  • (v) as a Tier 1 (Post-Study Work) Migrant,
  • (vi)-(xiv) DELETED
  • (xv) as a Tier 2 Migrant,
  • (xvi) as a Tier 4 (General) Student and, in respect of such leave, is or was last sponsored by:
    1. a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
    2. an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
    3. an Embedded College offering Pathway Courses, or
    4. an independent school, or
  • (xvii) as a Tier 4 (Child) Student.

(d) An applicant who has, or was last granted, leave as a Tier 4 Migrant and:

  • (i) is currently being sponsored by a government or international scholarship agency, or
  • (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
    must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.

(e) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.

(f) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

(g) The Secretary of State must not have reasonable grounds to believe that:

  • (i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A, the applicant is not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules (where relevant); or
  • (ii) any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules held by:
    1. the applicant; or
    2. where any of the specified money has been made available to the applicant by another party, that party,
      has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK; or
  • (iii) where any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
    and where the Secretary of State does have reasonable grounds to believe one or more of the above applies, no points from Table 7 (where relevant) will be awarded.

Tier 1 Investor Visa- Period, Conditions and Curtailment of Grant

According to Paragraph 245EF of the Immigration Rules, subject to fulfilment of the requirements, the Tier 1 Investor visa can be extended for two (2) years, if an applicant is already on Tier 1 Investor Visa in the UK, and three (3) years if an applicant has switched from another visa category.

The leave to remain to Tier 1 (Investor) Migrant could be curtailed if an applicant, within 3 months of the date specified in paragraph (d),  has not invested, the amount of capital specified in paragraph (e).

245EE. Period, Conditions and Curtailment of Grant | Tier 1 Investor

(a) Leave to remain will be granted:

  • (i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Investor) Migrant,
  • (ii) for a period of 3 years, to any other applicant.

(b) Leave to remain under this route will be subject to the following conditions:

  • (i) no recourse to public funds,
  • (ii) registration with the police, if this is required by paragraph 326 of these Rules,
  • (iii) no Employment as a Doctor or Dentist in Training, unless the applicant:
    1. has obtained a primary degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and provides evidence of this degree; or
    2. has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Doctor in Training, has been employed during that leave as a Doctor in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the General Medical Council as a training programme or post; or
    3. has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Dentist in Training, has been employed during that leave as a Dentist in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the Joint Committee for Postgraduate Training in Dentistry as a training programme or post, and
  • (iv) no employment as a professional sportsperson (including as a sports coach), and
  • (v) study subject to the condition set out in Part 15 of these Rules.

(c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain as a Tier 1 (Investor) Migrant may be curtailed if:

  • (i) within 3 months of the date specified in paragraph (d), the applicant has not invested, or had invested on his behalf, at least the amount of capital specified in paragraph (e) in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment, or
  • (ii) the applicant does not maintain at least the level of investment in (i) throughout the remaining period of his leave.

(d) The date referred to in paragraph (c) is:

  • (i) the date of the applicant’s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is evidence to establish the applicant’s date of entry to the UK,
  • (ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is no evidence to establish the applicant’s date of entry to the UK, or
  • (iii) the date of the grant of leave to remain to the applicant, in any other case.

(e) The amount of capital referred to in paragraph (c) is:

  • (i) at least £2 million if the applicant was last granted leave under the Rules in place from 6 November 2014 and was awarded points as set out in Table 7 or Table 8A of Appendix A to these Rules in that last grant, or
  • (ii) at least £750,000 if the applicant was last granted leave under the Rules in place before 6 November 2014 or was awarded points as set out in Table 8B of Appendix A to these Rules in his last grant

(f) Paragraph 245EE(c) does not apply where the applicant’s two most recent grants of leave were as a Tier 1 (Investor) Migrant.

Tier 1 Investor Visa- Requirements for Indefinite Leave to Remain

The requirements for Tier 1 Investor Indefinite Leave to Remain in the UK are enumerated at Paragraph 245EF of the Immigration Rules. If an applicant is able to fulfil these requirements then an Indefinite Leave to Remain is granted to the applicant. The application must not be refused under general grounds and the applicant must not be an illegal entrant. The applicant needs to score 75 points under Appendix A. The applicant needs to demonstrate sufficient knowledge of the English and knowledge of life in the UK, in accordance with Appendix KoLL. Moreover, an applicant must not be in the United Kingdom in breach of immigration laws.

245EF) Requirements for Indefinite Leave to Remain

To qualify for indefinite leave to remain, a Tier 1 (Investor) Migrant must meet the requirements listed below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) DELETED

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A

(d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.

(e) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.