Indefinite Leave to Remain: Settlement by Investment in the UK

March 10, 2020

The UK offers two routes to Indefinite Leave to Remain in the UK, under the Tier 1 Investor and Tier 1 Entrepreneur categories of the points-based system. As applicant may aware Tier 1 Entrepreneur Route is closed, however it will remain opened for applicants who would like to apply for Extension until 6 April 2023 or/and ILR Tier 1 Entrepreneur until 6 April 2025.

Main eligibility requirements for Settlement by Investment

Whichever category applicant apply under, in order to qualify for indefinite leave to remain they will need to satisfy UKVI:

  • They have spent a continuous period lawfully in the UK in a permitted category (ordinarily the continuous period will be 5 years, unless you are applying for accelerated settlement);
  • They have not been absent from the UK for more than 180 days in any of the rolling 12-month periods preceding the date of application;
  • They have sufficient knowledge of the English language (unless aged 65 or over);
  • They have taken and passed the Life in the UK test (unless aged 65 or over).

Each of the investment related settlement categories also have their own additional eligibility criteria.

Applicant’s settled status will lapse if they are absent from the UK for more than 2 years. If their ILR has lapsed, applicants may wish to consider applying for a Returning Resident visa in order to return to the UK.

Achieving permanent resident status is central to qualifying for a British passport, since Naturalisation as a British Citizen requires that the applicant be settled in the UK.

Applicant will not need to satisfy the English language requirement or pass the Life in the UK test if they are at least 65 years of age. The Home Office also has a discretion to waive the requirement if it would be unreasonable to expect there to fulfil that requirement due to a mental or physical condition.

Indefinite Leave to Remain as a Tier 1 Investor

In order to qualify for indefinite leave to remain after spending 5 years in the UK as a Tier 1 Investor applicant will need to satisfy UKVI:

  • They have invested not less than £2 million of their capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies;
  • They have maintained at least £2 million of your own funds, under their own control, in the UK.

They may qualify for accelerated settlement after 3 years if they have maintained an investment of £5 million or after 2 years if applicant have maintained an investment of £10 million. In addition, if aged 18 to 64 they will need to demonstrate that they have sufficient knowledge of the English language and Life in the UK. Applicant can spend up to 180 days (six months) outside the UK each year and still qualify for indefinite leave to remain.

Different requirements apply to Tier 1 Investor migrants who applied to enter the category under the Immigration Rules in force prior to 6 November 2014. If applicant submitted an investor visa application on or before 5 November 2014 then their application will be decided against the requirements of the Immigration Rules in force at that time.

Indefinite Leave to Remain as a Tier 1 Entrepreneur

In order to qualify for indefinite leave to remain after spending 5 years in the UK as a Tier 1 Entrepreneur applicant will need to satisfy UKVI:

  • They registered as a business director or as self-employed within 6 months of either entering the UK as a Tier 1 Entrepreneur or being granted leave to remain as a Tier 1 Entrepreneur;
  • They have invested at least £200,000 or £50,000 (as appropriate) in a business or businesses in the UK;
  • They have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months.

Applicant will also need to satisfy the Home Office that they have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business.

If aged 18 to 64, applicant will need to demonstrate that they have sufficient knowledge of the English language and Life in the UK.

They can spend up to 180 days (six months) outside the UK each year and still qualify for indefinite leave to remain.

They may qualify for accelerated settlement after 3 years if applicant have created 10 new jobs or their business has received at least £5 million in income from business activity.

Indefinite Leave to Remain as a Family Member

Applicant’s partner may qualify for ILR if they have permission to be in the UK as their partner and they have been living with applicant in the UK for at least 2 years (if they applied before 9 July 2012) or 5 years (if they applied on or after 9 July 2012).

Partners of PBS migrants granted leave since 11 January 2018 will need to satisfy a 180-day residence requirement when applying for indefinite leave to remain. The Home Office will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If aged 18 to 64, your partner will need to pass the Life in the UK test and an English language test.

Naturalisation as a British Citizen

If applicants are at least 18 years old and have been granted indefinite leave to remain in the UK, they may be eligible to apply for Naturalisation as a British citizen.

In order to be naturalised as a British citizen, they will need to meet certain statutory criteria with regard to their immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – Indefinite Leave to Remain

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

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