Indefinite Leave To Remain (ILR) as Tier 1 Investor | Settle in the UK under the Tier 1 Visa
The Tier 1 Investor migrant allows you to apply for Indefinite leave to remain in the United Kingdom if you have been in this category for five years. This is set out in the immigration rules at paragraph 245E of part 6A.
Meeting the ILR Immigration Rules for Tier 1 Investor Visa
The applicant must:
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meet all the requirements of paragraph 245EF of the Immigration Rules;
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not fall for refusal under the general grounds for refusal in paragraphs 320 to 324 of the Immigration Rules;
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not be an illegal entrant;
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• have spent a continuous period of 2, 3 or 5 years lawfully in the UK (depending on the level of investment), with any combination of leave from the following, as long as the latest leave was as a Tier 1 (Investor) Migrant: Tier 1 (Investor), migrant or investor;
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have at least maintained their investment in the UK throughout the relevant period with the exception of the: first 3 months of that period if their leave was as a Tier 1 (Investor) Migrant or period before the investments were made if their leave was in the former investor category under the Immigration Rules in force before 30 June 2008;
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have been absent from the UK for no more than 180 days in any 12 calendar months during the relevant period;
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have enough knowledge of the English language and about life in the UK, with reference to Appendix KoLL of the Immigration Rules, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made;
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not be in breach of immigration laws, except for any period of overstaying for 28 days or less which will be disregarded
Time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man in a category equivalent to the categories set out above may be included in the continuous period of lawful residence, provided the most recent period of leave was as a Tier 1 (Investor) Migrant in the UK.
In any such case, the applicant must have absences from the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man (as the case may be) of no more than 180 days in any 12 calendar months during the specified continuous period.
Accelerated indefinite leave to remain
Applicants normally become eligible to apply for ILR after 5 years of continuous residence in the UK, however, they can reach ILR stage earlier if they increase their level of investment.
Continuous residence is 2 years
For applicants who entered the route under the Immigration Rules in force on or after 6 November 2014, they must have had continuous residence of 2 years if they have money of their own under their control in the UK amounting to at least £10 million.
For applicants who entered the route under the Immigration Rules in force on 6 November 2014 they may also qualify after continuous residence of 2 years if they own personal assets with a value (once any liabilities are taken into account) of at least £20 million, and have at least £10 million under their control and disposable in the UK which has been loaned to them by the UK regulated financial institution.
Continuous residence is 3 years
For applicants who entered the route under the Immigration Rules in force on or after 6 November 2014, they must have had continuous residence of 3 years if they have money of their own under their control in the UK amounting to at least £5 million.
For applicants who entered the route under the Immigration Rules in force on 6 November 2014, they may also qualify after continuous residence of 3 years if they own personal assets with a value (once any liabilities are taken into account) of at least £10
million, and they have at least £5 million under their control and disposable in the UK which has been loaned to them by the UK regulated financial institution.
Continuous residence is 5 years
For applicants who entered the route under the Immigration Rules in force on or after 6 November 2014, they must have had continuous residence of 5 years if they have money of their own under their control in the UK amounting to at least £2 million.
For applicants who entered the route under the Immigration Rules in force on 6 November 2014, they may qualify after a continuous residence of 5 years if they:
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have money of their own under their control in the UK amounting to at least £1 million;
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own personal assets with a value (once any liabilities are taken into account) of at least £2 million, and they have at least £1 million under their control and disposable in the UK which has been loaned to them by the UK regulated financial institution Increased level of funding if an applicant previously met the initial or extension criteria and they later increase the level of funds to get accelerated ILR, you must check that the applicant has:
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had the additional money or assets they were not awarded points for in their previous grant of leave for a consecutive 90 day period of time, ending no earlier than one calendar month before the date(s) this additional capital was invested;
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provided the specified documents in paragraph 64-SD (with the difference that references to ‘date of application‘ in that paragraph are taken to read ’date of investment’)
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provided the additional specified documents of the source of the additional money or assets (with the difference that references to ’date of application’ in that paragraph are taken to read ’date of investment’)
Related FAQ's
Our speciality lies in the field of Immigration, Nationality and EU Law, so it means we always are dealing with this side of the law. We are able to support you in making a correct decision, avoid delays on your case, save money and time, not forgetting the stress of any doubts with your application.
There are many routes available to come to the UK, extend or switch, some of them do not allow extension or even switching. Knowing what is right can be a difficult task and this is why we are here. Simple task of not using the prescribed forms can mean your application is invalid, which means if you have no valid stay, you would have to return back and there is no appeal rights.
Our initial consultations are a chargeable service. We initially discuss the requirements of the application to ensure you meet the requirements and have the documentation required at hand for the submission. It gives you an opportunity to meet us and ask questions.
Each case will be checked thoroughly, everything will be cross referenced so guidelines are met and we will also add our legal document which would outline the Immigration Rules and how the client has satisfied the rules. We use documents that are used by Home Office case workers, so we know exactly what they would look for in your case.
The most important fact is that law constantly changes, policy guidelines and requirements are always changing, so it is best that you always use specialised services to support you. We never compromise our services, our fees remain very competitive but our expertise is at the very highest standard.
We place our clients first, so when you sign the customer care letter and we go through your case file, and we believe that the case would not be successful, we will terminate the agreement and return your documents. We will also provide alternative solutions with no added costs. We also have a cancellation period should you feel you want to withdraw your file.
Please note that all cases cannot be guaranteed as circumstances depends and whether you met guidelines, however the Home Office caseworker can still refuse cases on the balance of probabilities and other factors. Our job would be to prepare your case in the best possible way.
1) You contact us through e-mail or phone.
2) We take some basic information, we ask some relevant questions to understand the type of query and what type of support is required.
3) Your case then gets passed to a case worker.
4) Case Worker would contact you to set up an initial meeting.
5) You attend a consultation, an action plan is drawn up and we find out whether ICS Legal can support your case. A report would be sent where there is a requirement to outline what was discussed and what to do next.
6) You authorise us to be your legal representative by signing our customer care letter.
7) We will then start to request documents and information about your case this will build up your case pack.
8) We will then write our legal report and use Home Office caseworker’s documents to ensure everything has been checked and all requirement have been met.
9) Where possible we will go through every aspect of your case before case submission.
10) We will continue to update you throughout the case life cycle .