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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:

  • meet all the requirements of paragraph 245EF of the Immigration Rules;

  • not fall for refusal under the general grounds for refusal in paragraphs 320 to 324 of the Immigration Rules;

  •  not be an illegal entrant;

  • • 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; 

  • 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;

  • have been absent from the UK for no more than 180 days in any 12 calendar months during the relevant period;

  • 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;

  • 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:

  • have money of their own under their control in the UK amounting to at least £1 million;

  • 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:

  • 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;

  • 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’)

  • 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’)

 

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