Persons intending to establish themselves in business 200-210
Innovators 210A-210H
Persons intending to establish themselves in business under
the provisions of EC Association Agreements 211-223
Investors 224-231
Writers, composers and artists 232-239
Spouses of persons with limited leave to enter or remain under
paragraphs 200-239 240-242
Children of persons with limited leave to enter or remain
under paragraphs 200-239 243-245
.....................................................................................................................
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 12 months 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 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 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).
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
provided the Secretary of State is satisfied that each of
the requirements of paragraph 206, 206A, 206B,
206C, 206D, 206E, 206F or 206G 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 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 4 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 4 year period; and
(iii) submits audited accounts for the first 3 years of trading
and management accounts for the 4th year.
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 18 months, 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 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
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 30 months 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 4 years leave
in the United Kingdom in this capacity; and
(ii) has met the requirements of paragraph 210D throughout
the 4 year period.
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. For the purpose of paragraphs 212-223
a business means an enterprise as:
* a sole trader; or
* a partnership; or
* a company registered in the United Kingdom.
212. The requirements to be met by a person
seeking leave to enter the United Kingdom to establish himself
in business are that:
(i) he satisfies the requirements of either paragraph 213
or paragraph 214; and
(ii) the money he is putting into the business is under his
control and sufficient to establish himself in business in
the United Kingdom; and
(iii) 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) 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
(v) 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
(vi) he holds a valid United Kingdom entry clearance for
entry in this capacity.
213. Where a person intends to establish
himself in a company in the United Kingdom which he effectively
controls he will need, in addition to meeting the requirements
at paragraph 212, to show:
(i) that he is a national of Bulgaria or Romania; and".
(ii) that he will have a controlling interest in the company;
and
(iii) that he will be actively involved in the promotion
and management of the company; and
(iv) that the company will be registered in the United Kingdom
and be trading or providing services in the United Kingdom;
and
(v) that the company will be the owner of the assets of the
business; and
(vi) where he is taking over an existing company, a written
statement of the terms on which he is to take over the business
and audited accounts for the business for previous years.
214. Where a person intends to establish himself in self
employment or in partnership in the United Kingdom he will
need, in addition to meeting the requirements at 212 above,
to show:
(i) that he is a national of Bulgaria or Romania; and".
(ii) that he will be actively involved in trading or providing
services on his own account or in partnership in the United
Kingdom; and
(iii) that he, or he together with his partners, will be
the owner of the assets of the business; and
(iv) in the case of a partnership, that his part in the business
will not amount to disguised employment; and
(v) where he is taking over or joining an existing business
a written statement of the terms on which he is to take over
or join the business and audited accounts for the business
for previous years.
Leave to enter the United Kingdom as a person seeking to
establish himself in business under the provisions of an EC
Association Agreement
215. A person seeking leave to enter the
United Kingdom to establish himself in business may be admitted
for a period not exceeding 12 months 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 under the provisions
of an EC Association Agreement
216. 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 under the provisions of an EC Association Agreement
217. The requirements for an extension of
stay in order to remain in business in the United Kingdom
are that the applicant can show that:
(i) he 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
(ia) he has established himself in business in the United
Kingdom; and.
(ii) his share of the profits of the business is 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
(iii) he does not and will not supplement his business activities
by taking or seeking employment in the United Kingdom other
than his work for the business; and
(iv) in addition he satisfies the requirements of either
paragraph 218 or paragraph 219.
218. Where a person has established himself
in a company in the United Kingdom which he effectively controls
he will need, in addition to meeting the requirements at paragraph
217 above, to show:
(i) that he is a national of Bulgaria or Romania; and".
(ii) that he is actively involved in the promotion and management
of the company; and
(iii) that he has a controlling interest in the company;
and
(iv) that the company is registered in the United Kingdom
and trading or providing services in the United Kingdom; and
(v) that the company is the owner of the assets of the business;
and
(vi) the current financial position in the form of audited
accounts for the company.
219. Where a person has established himself
as a sole trader or in partnership in the United Kingdom he
will need, in addition to meeting the requirements at 217
above, to show:
(i) that he is a national of Bulgaria or Romania; and".
(ii) that he is actively involved in trading or providing
services on his own account or in partnership in the United
Kingdom; and
(iii) that he, or he together with his partners, is the owner
of the assets of the business; and
(iv) in the case of a partnership, that his part in the business
does not amount to disguised employment; and
(v) the current financial position in the form of audited
accounts for the business.
Extension of stay in order to remain in business under the
provisions of an EC Association Agreement
220. 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
provided the Secretary of State is satisfied that each of
the requirements of paragraphs 217 and 218 or 219 is met.
Refusal of extension of stay
in order to remain in business under the provisions of an
EC Association Agreement
221. 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 paragraphs
217 and 218 or 219 is met.
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) has spent a continuous period of 4 years in the United
Kingdom in this capacity and is still so engaged; and
(ii) has met the requirements of paragraphs 217 and 218 or
219 throughout the 4 years; and
(iii) submits audited accounts for the first 3 years of trading
and management accounts for the 4th year.
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.
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 12 months 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 maximum period 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 4 years in the United
Kingdom in this capacity; and
(ii) has met the requirements of paragraph 227 throughout
the 4 year period including the requirement as to the investment
of £750,000 and continues to do so.
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 12 months, 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 4 years in the United
Kingdom in this capacity; and
(ii) has met the requirement of paragraph 235 throughout
the 4 year period.
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 or remain in the United Kingdom as
the spouse or civil partners 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 or the civil partner of to 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 partners 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; and
(vi) if seeking leave to enter, the applicant 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 spouse or civil partners
of a person with limited leave to enter or remain in the United
Kingdom under paragraphs 200-239
241. A person seeking leave to enter or
remain in the United Kingdom as the spouse or civil partners
of a person with limited leave to enter or remain in the United
Kingdom under paragraphs 200-239 may be given leave to enter
or remain in the United Kingdom for a period of leave not
in excess of that granted to the person with limited leave
to enter or remain under paragraphs 200-239 provided that,
in relation to an application for leave to enter, he is able,
on arrival, to produce to the Immigration Officer 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 240 (i)-(v)
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 240 (i)-(v) 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 spouse or civil partners of a person with limited
leave to enter or remain in the United Kingdom under paragraphs
200-239
242. Leave to enter or remain in the United
Kingdom as the spouse or civil partners 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 240 (i)-(v) is met. An application
for indefinite leave to remain in this category 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 240 (i)-(v) 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.
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. | 
