Susie
11-07-2007, 02:36 PM
http://www.ind.homeoffice.gov.uk/lawandpolicy/immigrationrules/part6
- Persons seeking to enter or remain in the United Kingdom as a businessman, self-employed person, investor, writer, composer or artist
Persons intending to establish themselves in business
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business
200. For the purpose of paragraphs 201-210 a business means an enterprise as:
a sole trader; or
a partnership; or
a company registered in the United Kingdom.
201. The requirements to be met by a person seeking leave to enter the United Kingdom to establish himself in business are:
(i) that he satisfies the requirements of either paragraph 202 or paragraph 203; and
(ii) that he has not less than £200,000 of his own money under his control and disposable in the United Kingdom which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the United Kingdom; and
(iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(iv) that he will be actively involved full time in trading or providing services on his own account or in partnership, or in the promotion and management of the company as a director; and
(v) that his level of financial investment will be proportional to his interest in the business; and
(vi) that he will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
(vii) that he will be able to bear his share of liabilities; and
(viii) that there is a genuine need for his investment and services in the United Kingdom; and
(ix) that his share of the profits of the business will be sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(x) that he does not intend to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business; and
(xi) that he holds a valid United Kingdom entry clearance for entry in this capacity.
202. Where a person intends to take over or join as a partner or director an existing business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201, to produce:
(i) a written statement of the terms on which he is to take over or join the business; and
(ii) audited accounts for the business for previous years; and
(iii) evidence that his services and investment will result in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs.
203. Where a person intends to establish a new business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201 above, to produce evidence:
(i) that he will be bringing into the country sufficient funds of his own to establish a business; and
(ii) that the business will create full time paid employment for at least 2 persons already settled in the United Kingdom.
Leave to enter the United Kingdom as a person seeking to establish himself in business
204. A person seeking leave to enter the United Kingdom to establish himself in business may be admitted for a period not exceeding 2 years with a condition restricting his freedom to take employment provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter the United Kingdom as a person seeking to establish himself in business
205. Leave to enter the United Kingdom as a person seeking to establish himself in business is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay in order to remain in business
206. The requirements for an extension of stay in order to remain in business in the United Kingdom are that the applicant can show:
(i) that he entered the United Kingdom with a valid United Kingdom entry clearance as a businessman; and
(ii) audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the United Kingdom; and
(iii) that he is actively involved on a full time basis in trading or providing services on his own account or in partnership or in the promotion and management of the company as a director; and (iv) that his level of financial investment is proportional to his interest in the business; and
(v) that he has either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
(vi) that he is able to bear his share of any liability the business may incur; and
(vii) that there is a genuine need for his investment and services in the United Kingdom; and
(viii) (a) that where he has established a new business, new full time paid employment has been created in the business for at least 2 persons settled in the United Kingdom; or
(b) that where he has taken over or joined an existing business, his services and investment have resulted in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs; and
(ix) that his share of the profits of the business is sufficient to maintain and accommodate him and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(x) that he does not and will not have to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business.
206A. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a person who has leave to enter or remain for work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206B. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206C. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206D. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for an innovator are that the applicant:
(i) entered the United Kingdom or was given leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206E. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets each of the requirements of paragraph 201 (i) - (x).
206F. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a working holidaymaker are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a working holidaymaker in accordance with paragraphs 95 to 100 of these Rules; and
(ii) has spent more than 12 months in total in the UK in this capacity; and
(iii) meets each of the requirements of paragraph 201 (i) - (x).
206G. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules;and
(ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iii) meets each of the requirements of paragraph 201 (i) - (x).
206H. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a Postgraduate Doctor or Dentist are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Postgraduate Doctor or Dentist in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets each of the requirements of paragraph 201 (i) - (x).
Extension of stay in order to remain in business
207. An extension of stay in order to remain in business with a condition restricting his freedom to take employment may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D, 206E, 206F, 206G or 206H is met.
Refusal of extension of stay in order to remain in business
208.An extension of stay in order to remain in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D,206E, 206F or 206G or 206H is met.
Indefinite leave to remain for a person established in business
209. Indefinite leave to remain may be granted, on application, to a person established in business provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity and is still engaged in the business in question; and
(ii) has met the requirements of paragraph 206 throughout the 5 year period; and
(iii) submits audited accounts for the first 4 years of trading and management accounts for the 5th year.; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a person established in business
210. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 209 is met.
Innovators
Requirements for leave to enter the United Kingdom as an innovator
210A. The requirements to be met by a person seeking leave to enter as an innovator are that the applicant:
(i) is approved by the Home Office as a person who meets the criteria specified by the Secretary of State for entry under the innovator scheme at the time that approval is sought under that scheme;
(ii) intends to set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
(iii) intends to maintain a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay as an innovator; and
(iv) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds or to other employment; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as an innovator
210B. A person seeking leave to enter the United Kingdom as an innovator may be admitted for a period not exceeding 2 years, provided the Immigration Officer is satisfied that each of the requirements of paragraph 210A is met.
Refusal of leave to enter as an innovator
210C. Leave to enter as an innovator is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 210A are met.
Requirements for an extension of stay as an innovator
210D. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who was granted leave to enter under paragraph 210A, are that the applicant:
(i) has established a viable trading business, by reference to the audited accounts and trading records of that business; and
(ii) continues to meet the requirements of paragraph 210A (i) and (iv); and has set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
(iii) has maintained a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay.
210DA. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who has leave for the purpose of work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 132 of these Rules; and
(ii) meets the requirements of paragraph 210A (i)-(iv).
210DB. The requirements for an extension of stay in the United Kingdom as an innovator in the case of a person who has leave as a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to remain under the Innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets the requirements of paragraph 210(i)-(iv).
210DC. The requirements to be met for an extension of stay as an innovator, for a person who has leave as a working holidaymaker are that the applicant:
(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv).
210DD. The requirements to be met for an extension of stay as an innovator, for a postgraduate doctor, postgraduate dentist or trainee general practitioner are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a postgraduate doctor, postgraduate dentist or trainee general practitioner in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to remain under the innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets the requirements of paragraph 210(i)-(iv).
210DE. The requirements to be met for an extension of stay as an innovator, for a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv).
210DF. The requirements to be met for an extension of stay as an innovator, for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135E of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv)
210DG. The requirements to be met for an extension of stay as an innovator, for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 - 208 of these Rules; and
(ii) meets the requirements of paragraph 210 (i) - (iv).
210DH. The requirements to be met for an extension of stay as an innovator, in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
(ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iii) meets each of the requirements of paragraph 210 (i) - (iv)."
Extension of stay as an innovator
210E. An extension of stay as an innovator may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 210D, 210DA, 210DB, 210DC, 210DD, 210DE, 210DF, 210DG or 210DH is met.
Refusal of extension of stay as an innovator
210F. An extension of stay as an innovator is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 210D, 210DA, 210DB, 210DC, 210DD, 210DE, 210DF, 210DG or 210DH is met.
Indefinite leave to remain for an innovator
210G. Indefinite leave to remain may be granted, on application, to a person currently with leave as an innovator provided that he:
(i) has spent a continuous period of at least 5 years leave in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 210D throughout the 5 year period; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain as an innovator
210H. Indefinite leave to remain in the United Kingdom as a person currently with leave as a innovator is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 210G is met.
Persons intending to establish themselves in business under provisions of EC Association Agreements
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business under the provisions of an EC Association Agreement
211 -221 DELETED
Indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
222. Indefinite leave to remain may be granted, on application, to a person established in business provided he –
(i) is a national of Bulgaria or Romania; and
(ii) entered the United Kingdom with a valid United Kingdom entry clearance as a person intending to establish himself in business under the provisions of an EC Association Agreement; and
(iii) was granted an extension of stay before 1st January 2007 in order to remain in business under the provisions of the Agreement; and
(iv) established himself in business in the United Kingdom, spent a continuous period of 5 years in the United Kingdom in this capacity and is still so engaged; and
(v) met the requirements of paragraph 222A throughout the period of 5 years; and
(vi) submits audited accounts for the first 4 years of trading and management accounts for the 5th year; and
(vii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
222A. The requirements mentioned in paragraph 222(v) are that throughout the period of 5 years –
(i) the applicant’s share of the profits of the business has been sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(ii) he has not supplemented his business activities by taking or seeking employment in the United Kingdom (other than his work for the business); and
(iii) he has satisfied the requirements in paragraph 222B or 222C.
222B. Where the applicant has established himself in a company in the United Kingdom which he effectively controls, the requirements for the purpose of paragraph 222A(iii) are that–
(i) the applicant has been actively involved in the promotion and management of the company; and
(ii) he has had a controlling interest in the company; and
(iii) the company was registered in the United Kingdom and has been trading or providing services in the United Kingdom; and
(iv) the company owned the assets of the business.
222C. Where the applicant has established himself as a sole trader or in a partnership in the United Kingdom, the requirements for the purpose of paragraph 222A(iii) are that–
(i) the applicant has been actively involved in trading or providing services on his own account or in a partnership in the United Kingdom; and
(ii) the applicant owned, or together with his partners owned, the assets of the business; and
(iii) in the case of a partnership, the applicant’s part in the business did not amount to disguised employment.
Refusal of indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
223. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 222 is met.
223A. Notwithstanding paragraph 5, paragraphs 222 to 223 shall apply to a person who is entitled to remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.
Requirements for leave to enter the United Kingdom as an investor
224. The requirements to be met by a person seeking leave to enter the United Kingdom as an investor are that he:
(i) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
(b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
(ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
(ii) intends to invest not less than £750,000 of his capital in the United Kingdom by way of United Kingdom Government bonds, share capital or loan capital in active and trading United Kingdom registered companies (other than those principally engaged in property investment and excluding investment by the applicant by way of deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits); and
(iii) intends to make the United Kingdom his main home; and
(iv) is able to maintain and accommodate himself and any dependants without taking employment (other than self employment or business) or recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as an investor
225. A person seeking leave to enter the United Kingdom as an investor may be admitted for a period not exceeding 2 years with a restriction on his right to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as an investor
226. Leave to enter as an investor is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as an investor
Extension of stay as an investor
227. The requirements for an extension of stay as an investor are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as an investor; and
(ii) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
(b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
(ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
(iii) has invested not less than £750,000 of his capital in the United Kingdom on the terms set out in paragraph 224 (ii) above and intends to maintain that investment on the terms set out in paragraph 224 (ii); and
(iv) has made the United Kingdom his main home; and
(v) is able to maintain and accommodate himself and any dependants without taking employment (other than his self employment or business) or recourse to public funds.
227A. The requirements to be met for an extension of stay as an investor, for a person who has leave to enter or remain in the United Kingdom as a work permit holder are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
227B. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
227C. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 to 208 of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
227D. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as an innovator are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
228. An extension of stay as an investor, with a restriction on the taking of employment, may be granted for a period not exceeding 3 years at a time of 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C or 227D is met.
Refusal of extension of stay as an investor
229.An extension of stay as an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C or 227D is met.
Indefinite leave to remain for an investor
230. Indefinite leave to remain may be granted, on application, to a person admitted as an investor provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 227 throughout the 5 year period including the requirement as to the investment of £750,000 and continues to do so; and
(iii) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for an investor
231. Indefinite leave to remain in the United Kingdom for an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 230 is met.
Writers, composers and artists
Requirements for leave to enter the United Kingdom as a writer, composer or artist
232. The requirements to be met by a person seeking leave to enter the United Kingdom as a writer, composer or artist are that he:
(i) has established himself outside the United Kingdom as a writer, composer or artist primarily engaged in producing original work which has been published (other than exclusively in newspapers or magazines), performed or exhibited for its literary, musical or artistic merit; and
(ii) does not intend to work except as related to his self employment as a writer, composer or artist; and
(iii) has for the preceding year been able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist; and
(iv) will be able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist and without recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a writer, composer or artist
233. A person seeking leave to enter the United Kingdom as a writer, composer or artist may be admitted for a period not exceeding 2 years, subject to a condition restricting his freedom to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a writer, composer or artist
234. Leave to enter as a writer, composer or artist is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a writer, composer or artist
235. The requirements for an extension of stay as a writer, composer or artist are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a writer, composer or artist; and
(ii) meets the requirements of paragraph 232 (ii)-(iv).
Extension of stay as a writer, composer or artist
236. An extension of stay as a writer, composer or artist may be granted for a period not exceeding 3 years with a restriction on his freedom to take employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 235 is met.
Refusal of extension of stay as a writer, composer or artist
237. An extension of stay as a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 235 is met.
Indefinite leave to remain for a writer, composer or artist
238. Indefinite leave to remain may be granted, on application, to a person admitted as a writer, composer or artist provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirement of paragraph 235 throughout the 5 year period; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a writer, composer or artist
239. Indefinite leave to remain for a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 238 is met.
Spouses of persons with limited leave to enter or remain under paragraphs 200-239
Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain under paragraphs 200-239
240. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 are that:
(i) the applicant is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant’s stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse or civil partner; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
241. A person seeking limited leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 200-239 provided the Immigration Officer is satisfied that each of the requirements of paragraph 240 is met.
Refusal of leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
242. Leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 240 is met.
Requirements for extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 200 - 239 are that the applicant:
(i) is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239; or
(ii) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time; or
(iii) is married to or civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 200-239 immediately before being granted indefinite leave to remain; and
(iv) meets the requirements of paragraph 240(ii) – (v); and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242B. An extension of stay in the United Kingdom as:
(i) the spouse or civil partner of a person who has limited leave to enter or remain under paragraphs 200-239 may be granted for a period not in excess of that granted to the person with limited to enter or remain; or
(ii) the spouse or civil partner of a person who is being admitted at the same time for settlement or the spouse or civil partner of a person who has indefinite leave to remain may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 242A is met.
Refusal of extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242C. An extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 200 - 239 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 242A is met.
Requirements for indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200 – 239 are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain under paragraphs 200 – 239 immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 240 (ii) to (v);
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless the applicant is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242E. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 200 – 239 may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 242D is met.
Refusal of indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242F. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 200 – 239 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 242D is met.
Children of persons with limited leave to enter or remain under paragraphs 200-239
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
243. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 are that:
(i) he is the child of a parent who has leave to enter or remain in the United Kingdom under paragraphs 200-239; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner"., has not formed an independent family unit and is not leading an independent life; and
(iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
244. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs under paragraphs 200-239 may be admitted to or allowed to remain in the United Kingdom for the same period of leave as that granted to the person given limited leave to enter or remain under paragraphs 200-239 provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
245. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 243 (i) - (vi) is met. An application for indefinite leave to remain in this capacity is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.
- Persons seeking to enter or remain in the United Kingdom as a businessman, self-employed person, investor, writer, composer or artist
Persons intending to establish themselves in business
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business
200. For the purpose of paragraphs 201-210 a business means an enterprise as:
a sole trader; or
a partnership; or
a company registered in the United Kingdom.
201. The requirements to be met by a person seeking leave to enter the United Kingdom to establish himself in business are:
(i) that he satisfies the requirements of either paragraph 202 or paragraph 203; and
(ii) that he has not less than £200,000 of his own money under his control and disposable in the United Kingdom which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the United Kingdom; and
(iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(iv) that he will be actively involved full time in trading or providing services on his own account or in partnership, or in the promotion and management of the company as a director; and
(v) that his level of financial investment will be proportional to his interest in the business; and
(vi) that he will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
(vii) that he will be able to bear his share of liabilities; and
(viii) that there is a genuine need for his investment and services in the United Kingdom; and
(ix) that his share of the profits of the business will be sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(x) that he does not intend to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business; and
(xi) that he holds a valid United Kingdom entry clearance for entry in this capacity.
202. Where a person intends to take over or join as a partner or director an existing business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201, to produce:
(i) a written statement of the terms on which he is to take over or join the business; and
(ii) audited accounts for the business for previous years; and
(iii) evidence that his services and investment will result in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs.
203. Where a person intends to establish a new business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201 above, to produce evidence:
(i) that he will be bringing into the country sufficient funds of his own to establish a business; and
(ii) that the business will create full time paid employment for at least 2 persons already settled in the United Kingdom.
Leave to enter the United Kingdom as a person seeking to establish himself in business
204. A person seeking leave to enter the United Kingdom to establish himself in business may be admitted for a period not exceeding 2 years with a condition restricting his freedom to take employment provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter the United Kingdom as a person seeking to establish himself in business
205. Leave to enter the United Kingdom as a person seeking to establish himself in business is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay in order to remain in business
206. The requirements for an extension of stay in order to remain in business in the United Kingdom are that the applicant can show:
(i) that he entered the United Kingdom with a valid United Kingdom entry clearance as a businessman; and
(ii) audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the United Kingdom; and
(iii) that he is actively involved on a full time basis in trading or providing services on his own account or in partnership or in the promotion and management of the company as a director; and (iv) that his level of financial investment is proportional to his interest in the business; and
(v) that he has either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
(vi) that he is able to bear his share of any liability the business may incur; and
(vii) that there is a genuine need for his investment and services in the United Kingdom; and
(viii) (a) that where he has established a new business, new full time paid employment has been created in the business for at least 2 persons settled in the United Kingdom; or
(b) that where he has taken over or joined an existing business, his services and investment have resulted in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs; and
(ix) that his share of the profits of the business is sufficient to maintain and accommodate him and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(x) that he does not and will not have to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business.
206A. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a person who has leave to enter or remain for work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206B. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206C. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206D. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for an innovator are that the applicant:
(i) entered the United Kingdom or was given leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i) - (x).
206E. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets each of the requirements of paragraph 201 (i) - (x).
206F. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a working holidaymaker are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a working holidaymaker in accordance with paragraphs 95 to 100 of these Rules; and
(ii) has spent more than 12 months in total in the UK in this capacity; and
(iii) meets each of the requirements of paragraph 201 (i) - (x).
206G. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules;and
(ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iii) meets each of the requirements of paragraph 201 (i) - (x).
206H. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a Postgraduate Doctor or Dentist are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Postgraduate Doctor or Dentist in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets each of the requirements of paragraph 201 (i) - (x).
Extension of stay in order to remain in business
207. An extension of stay in order to remain in business with a condition restricting his freedom to take employment may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D, 206E, 206F, 206G or 206H is met.
Refusal of extension of stay in order to remain in business
208.An extension of stay in order to remain in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D,206E, 206F or 206G or 206H is met.
Indefinite leave to remain for a person established in business
209. Indefinite leave to remain may be granted, on application, to a person established in business provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity and is still engaged in the business in question; and
(ii) has met the requirements of paragraph 206 throughout the 5 year period; and
(iii) submits audited accounts for the first 4 years of trading and management accounts for the 5th year.; and
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a person established in business
210. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 209 is met.
Innovators
Requirements for leave to enter the United Kingdom as an innovator
210A. The requirements to be met by a person seeking leave to enter as an innovator are that the applicant:
(i) is approved by the Home Office as a person who meets the criteria specified by the Secretary of State for entry under the innovator scheme at the time that approval is sought under that scheme;
(ii) intends to set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
(iii) intends to maintain a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay as an innovator; and
(iv) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds or to other employment; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as an innovator
210B. A person seeking leave to enter the United Kingdom as an innovator may be admitted for a period not exceeding 2 years, provided the Immigration Officer is satisfied that each of the requirements of paragraph 210A is met.
Refusal of leave to enter as an innovator
210C. Leave to enter as an innovator is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 210A are met.
Requirements for an extension of stay as an innovator
210D. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who was granted leave to enter under paragraph 210A, are that the applicant:
(i) has established a viable trading business, by reference to the audited accounts and trading records of that business; and
(ii) continues to meet the requirements of paragraph 210A (i) and (iv); and has set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
(iii) has maintained a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay.
210DA. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who has leave for the purpose of work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 132 of these Rules; and
(ii) meets the requirements of paragraph 210A (i)-(iv).
210DB. The requirements for an extension of stay in the United Kingdom as an innovator in the case of a person who has leave as a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to remain under the Innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets the requirements of paragraph 210(i)-(iv).
210DC. The requirements to be met for an extension of stay as an innovator, for a person who has leave as a working holidaymaker are that the applicant:
(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv).
210DD. The requirements to be met for an extension of stay as an innovator, for a postgraduate doctor, postgraduate dentist or trainee general practitioner are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a postgraduate doctor, postgraduate dentist or trainee general practitioner in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to remain under the innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets the requirements of paragraph 210(i)-(iv).
210DE. The requirements to be met for an extension of stay as an innovator, for a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv).
210DF. The requirements to be met for an extension of stay as an innovator, for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135E of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv)
210DG. The requirements to be met for an extension of stay as an innovator, for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 - 208 of these Rules; and
(ii) meets the requirements of paragraph 210 (i) - (iv).
210DH. The requirements to be met for an extension of stay as an innovator, in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
(ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iii) meets each of the requirements of paragraph 210 (i) - (iv)."
Extension of stay as an innovator
210E. An extension of stay as an innovator may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 210D, 210DA, 210DB, 210DC, 210DD, 210DE, 210DF, 210DG or 210DH is met.
Refusal of extension of stay as an innovator
210F. An extension of stay as an innovator is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 210D, 210DA, 210DB, 210DC, 210DD, 210DE, 210DF, 210DG or 210DH is met.
Indefinite leave to remain for an innovator
210G. Indefinite leave to remain may be granted, on application, to a person currently with leave as an innovator provided that he:
(i) has spent a continuous period of at least 5 years leave in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 210D throughout the 5 year period; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain as an innovator
210H. Indefinite leave to remain in the United Kingdom as a person currently with leave as a innovator is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 210G is met.
Persons intending to establish themselves in business under provisions of EC Association Agreements
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business under the provisions of an EC Association Agreement
211 -221 DELETED
Indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
222. Indefinite leave to remain may be granted, on application, to a person established in business provided he –
(i) is a national of Bulgaria or Romania; and
(ii) entered the United Kingdom with a valid United Kingdom entry clearance as a person intending to establish himself in business under the provisions of an EC Association Agreement; and
(iii) was granted an extension of stay before 1st January 2007 in order to remain in business under the provisions of the Agreement; and
(iv) established himself in business in the United Kingdom, spent a continuous period of 5 years in the United Kingdom in this capacity and is still so engaged; and
(v) met the requirements of paragraph 222A throughout the period of 5 years; and
(vi) submits audited accounts for the first 4 years of trading and management accounts for the 5th year; and
(vii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
222A. The requirements mentioned in paragraph 222(v) are that throughout the period of 5 years –
(i) the applicant’s share of the profits of the business has been sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(ii) he has not supplemented his business activities by taking or seeking employment in the United Kingdom (other than his work for the business); and
(iii) he has satisfied the requirements in paragraph 222B or 222C.
222B. Where the applicant has established himself in a company in the United Kingdom which he effectively controls, the requirements for the purpose of paragraph 222A(iii) are that–
(i) the applicant has been actively involved in the promotion and management of the company; and
(ii) he has had a controlling interest in the company; and
(iii) the company was registered in the United Kingdom and has been trading or providing services in the United Kingdom; and
(iv) the company owned the assets of the business.
222C. Where the applicant has established himself as a sole trader or in a partnership in the United Kingdom, the requirements for the purpose of paragraph 222A(iii) are that–
(i) the applicant has been actively involved in trading or providing services on his own account or in a partnership in the United Kingdom; and
(ii) the applicant owned, or together with his partners owned, the assets of the business; and
(iii) in the case of a partnership, the applicant’s part in the business did not amount to disguised employment.
Refusal of indefinite leave to remain for a person established in business under the provisions of an EC Association Agreement
223. Indefinite leave to remain in the United Kingdom for a person established in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 222 is met.
223A. Notwithstanding paragraph 5, paragraphs 222 to 223 shall apply to a person who is entitled to remain in the United Kingdom by virtue of the provisions of the 2006 EEA Regulations.
Requirements for leave to enter the United Kingdom as an investor
224. The requirements to be met by a person seeking leave to enter the United Kingdom as an investor are that he:
(i) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
(b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
(ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
(ii) intends to invest not less than £750,000 of his capital in the United Kingdom by way of United Kingdom Government bonds, share capital or loan capital in active and trading United Kingdom registered companies (other than those principally engaged in property investment and excluding investment by the applicant by way of deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits); and
(iii) intends to make the United Kingdom his main home; and
(iv) is able to maintain and accommodate himself and any dependants without taking employment (other than self employment or business) or recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as an investor
225. A person seeking leave to enter the United Kingdom as an investor may be admitted for a period not exceeding 2 years with a restriction on his right to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as an investor
226. Leave to enter as an investor is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as an investor
Extension of stay as an investor
227. The requirements for an extension of stay as an investor are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as an investor; and
(ii) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
(b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
(ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
(iii) has invested not less than £750,000 of his capital in the United Kingdom on the terms set out in paragraph 224 (ii) above and intends to maintain that investment on the terms set out in paragraph 224 (ii); and
(iv) has made the United Kingdom his main home; and
(v) is able to maintain and accommodate himself and any dependants without taking employment (other than his self employment or business) or recourse to public funds.
227A. The requirements to be met for an extension of stay as an investor, for a person who has leave to enter or remain in the United Kingdom as a work permit holder are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
227B. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
227C. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 to 208 of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
227D. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as an innovator are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
(ii) meets the requirements of paragraph 224 (i) - (iv).
228. An extension of stay as an investor, with a restriction on the taking of employment, may be granted for a period not exceeding 3 years at a time of 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C or 227D is met.
Refusal of extension of stay as an investor
229.An extension of stay as an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C or 227D is met.
Indefinite leave to remain for an investor
230. Indefinite leave to remain may be granted, on application, to a person admitted as an investor provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 227 throughout the 5 year period including the requirement as to the investment of £750,000 and continues to do so; and
(iii) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for an investor
231. Indefinite leave to remain in the United Kingdom for an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 230 is met.
Writers, composers and artists
Requirements for leave to enter the United Kingdom as a writer, composer or artist
232. The requirements to be met by a person seeking leave to enter the United Kingdom as a writer, composer or artist are that he:
(i) has established himself outside the United Kingdom as a writer, composer or artist primarily engaged in producing original work which has been published (other than exclusively in newspapers or magazines), performed or exhibited for its literary, musical or artistic merit; and
(ii) does not intend to work except as related to his self employment as a writer, composer or artist; and
(iii) has for the preceding year been able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist; and
(iv) will be able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist and without recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a writer, composer or artist
233. A person seeking leave to enter the United Kingdom as a writer, composer or artist may be admitted for a period not exceeding 2 years, subject to a condition restricting his freedom to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a writer, composer or artist
234. Leave to enter as a writer, composer or artist is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a writer, composer or artist
235. The requirements for an extension of stay as a writer, composer or artist are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a writer, composer or artist; and
(ii) meets the requirements of paragraph 232 (ii)-(iv).
Extension of stay as a writer, composer or artist
236. An extension of stay as a writer, composer or artist may be granted for a period not exceeding 3 years with a restriction on his freedom to take employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 235 is met.
Refusal of extension of stay as a writer, composer or artist
237. An extension of stay as a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 235 is met.
Indefinite leave to remain for a writer, composer or artist
238. Indefinite leave to remain may be granted, on application, to a person admitted as a writer, composer or artist provided he:
(i) has spent a continuous period of 5 years in the United Kingdom in this capacity; and
(ii) has met the requirement of paragraph 235 throughout the 5 year period; and
(iii) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
Refusal of indefinite leave to remain for a writer, composer or artist
239. Indefinite leave to remain for a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 238 is met.
Spouses of persons with limited leave to enter or remain under paragraphs 200-239
Requirements for leave to enter or remain as the spouse or civil partners of a person with limited leave to enter or remain under paragraphs 200-239
240. The requirements to be met by a person seeking leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 are that:
(i) the applicant is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239; and
(ii) each of the parties intends to live with the other as his or her spouse or civil partner during the applicant’s stay and the marriage or civil partnership is subsisting; and
(iii) there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
(iv) the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
(v) the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his spouse or civil partner; and
(vi) the applicant holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
241. A person seeking limited leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 may be given leave to enter for a period not in excess of that granted to the person with limited leave to enter or remain under paragraphs 200-239 provided the Immigration Officer is satisfied that each of the requirements of paragraph 240 is met.
Refusal of leave to enter as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
242. Leave to enter the United Kingdom as the spouse or civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 240 is met.
Requirements for extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242A. The requirements to be met by a person seeking an extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 200 - 239 are that the applicant:
(i) is married to or the civil partner of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239; or
(ii) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time; or
(iii) is married to or civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 200-239 immediately before being granted indefinite leave to remain; and
(iv) meets the requirements of paragraph 240(ii) – (v); and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242B. An extension of stay in the United Kingdom as:
(i) the spouse or civil partner of a person who has limited leave to enter or remain under paragraphs 200-239 may be granted for a period not in excess of that granted to the person with limited to enter or remain; or
(ii) the spouse or civil partner of a person who is being admitted at the same time for settlement or the spouse or civil partner of a person who has indefinite leave to remain may be granted for a period not exceeding 2 years, in both instances, provided the Secretary of State is satisfied that each of the requirements of paragraph 242A is met.
Refusal of extension of stay as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242C. An extension of stay in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 200 - 239 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 242A is met.
Requirements for indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242D. The requirements to be met by a person seeking indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200 – 239 are that the applicant:
(i) is married to or civil partner of a person who has limited leave to enter or remain in the United Kingdom under paragraphs 200-239 and who is being granted indefinite leave to remain at the same time; or
(ii) is married to or civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain under paragraphs 200 – 239 immediately before being granted indefinite leave to remain; and
(iii) meets the requirements of paragraph 240 (ii) to (v);
(iv) has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless the applicant is under the age of 18 or aged 65 or over at the time he makes his application; and
(v) was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242E. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 200 – 239 may be granted provided the Secretary of State is satisfied that each of the requirements of paragraph 242D is met.
Refusal of indefinite leave to remain as the spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 200-239
242F. Indefinite leave to remain in the United Kingdom as the spouse or civil partner of a person who has or has had limited leave to enter or remain in the United Kingdom under paragraphs 200 – 239 is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 242D is met.
Children of persons with limited leave to enter or remain under paragraphs 200-239
Requirements for leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
243. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom as a child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 are that:
(i) he is the child of a parent who has leave to enter or remain in the United Kingdom under paragraphs 200-239; and
(ii) he is under the age of 18 or has current leave to enter or remain in this capacity; and
(iii) he is unmarried and is not a civil partner"., has not formed an independent family unit and is not leading an independent life; and
(iv) he can and will be maintained and accommodated adequately without recourse to public funds in accommodation which his parent(s) own or occupy exclusively; and
(v) he will not stay in the United Kingdom beyond any period of leave granted to his parent(s); and
(vi) both parents are being or have been admitted to or allowed to remain in the United Kingdom save where:
(a) the parent he is accompanying or joining is his sole surviving parent; or
(b) the parent he is accompanying or joining has had sole responsibility for his upbringing; or
(c) there are serious and compelling family or other considerations which make exclusion from the United Kingdom undesirable and suitable arrangements have been made for his care; and
(vii) if seeking leave to enter, he holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
244. A person seeking leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs under paragraphs 200-239 may be admitted to or allowed to remain in the United Kingdom for the same period of leave as that granted to the person given limited leave to enter or remain under paragraphs 200-239 provided that, in relation to an application for leave to enter, he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity or, in the case of an application for limited leave to remain, he was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met. An application for indefinite leave to remain in this category may be granted provided the applicant was admitted with a valid United Kingdom entry clearance for entry in this capacity and is able to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met and provided indefinite leave to remain is, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.
Refusal of leave to enter or remain as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239
245. Leave to enter or remain in the United Kingdom as the child of a person with limited leave to enter or remain in the United Kingdom under paragraphs 200-239 is to be refused if, in relation to an application for leave to enter, a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival or, in the case of an application for limited leave to remain, if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 243 (i) - (vi) is met. An application for indefinite leave to remain in this capacity is to be refused if the applicant was not admitted with a valid United Kingdom entry clearance for entry in this capacity or is unable to satisfy the Secretary of State that each of the requirements of paragraph 243 (i)-(vi) is met or if indefinite leave to remain is not, at the same time, being granted to the person with limited leave to remain under paragraphs 200-239.