appendix a immigration rules

The relationship requirement is an assessment of whether the applicant’s relationship with their partner is genuine and subsisting GEN.1.7. 53. This Appendix sets out how the continuous residence requirement is met. (a) Where Table 6 applies and the applicant is relying on the business activity of a new UK business or businesses, they must provide audited (if the business is legally required to produce audited accounts) or unaudited accounts which show the gross income resulting from the business’ activities and that this reached at least £5 million. (9) in the case of (viii)-(ix), confirm that the financial institution is regulated by the appropriate body and, if not regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), that the money can be transferred into the UK. (2) the name and signature of the person giving the gift. The Secretary of State will set out the conclusions of the review in a report and publish the report. If the money is available to the applicant’s business, rather than to the applicant themselves, the applicant must also provide a Companies House document showing the address of the business’s registered office in the UK, or head office in the UK if it has no registered office in the UK, and that the applicant is a director, in the case of a company, or member, in the case of a partnership. 62. (5) that the declaration is signed and valid according to the laws of the country in which it was made. Notes to accompany Tables 7 to Table 9B appear below Table 9B. (5) the Association of Authorised Public Accountants. This is a very important part of the Unmarried Partner visa rules. The detailed rules for the visitor route are set out in Appendix V to the Immigration Rules. When calculating the specified continuous period, the first day of that period will be taken to be the later of: (a) the date the applicant first entered the UK as a Tier 1 (Investor) Migrant (or the date entry clearance was granted as a Tier 1 (Investor) Migrant), or the date the applicant first entered the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man with leave in a category equivalent to Tier 1 (Investor) if this is earlier, or (b) the date 3 months before the full specified amount was invested in the UK, or before the full required amount in an equivalent category was invested in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man. (vii) confirmation that the accountant will verify the contents of the letter to the Home Office on request; This applies regardless of how long the business existed for before the applicant took over or joined it; (h) if the business referred to in (g) employed workers before the applicant took over or joined it, they must also provide the following documents for the year immediately before the applicant joined the business and the years that the jobs were created, showing the net increase in employment and signed and dated by the applicant: (i) duplicate Real Time Full Payment Submissions sent to HM Revenue & Customs, or. Statement of changes to the Immigration Rules: HC 707 – “new Points-Based Immigration System” rules for students . (iii) if the employee was born in the UK on or after 1 January 1983, a birth certificate, together with documentation, such as a passport or naturalisation certificate, which confirms one of their parents had settled status in the UK when the employee was born, and additionally, if the parent is the employee’s father, a marriage certificate to the mother. (iii) the applicant must provide a legal agreement, between the applicant (in the name that appears on their application) and the business, showing: (4) that the loan is unsecured and subordinated to other creditors’ loans to the business; (e) if the applicant has made the investment in the form of share capital, the accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on their application. Name & address of Employer [insert details] 3. The letter must confirm: (1) the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner), and that the money is available in their name(s). (d) Deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits. This is a consolidated version of the current Immigration Rules. 60. An applicant will meet the English language requirement if they are a national of any of the following majority-English-speaking countries: EL 5.1. Don’t worry we won’t send you spam or share your email address with anyone. (4) the relationship between the person giving the gift and the person receiving it. Investment excludes investment by the applicant by way of: (a) an offshore company or trust, or investments that are held in offshore custody except that investments held in offshore custody will not be excluded where: (i) the applicant made an application before 13 December 2012 which led to a grant of entry clearance or leave to remain as a Tier 1 (Investor) migrant, (ii) the applicant has not since been granted entry clearance, leave to enter or leave to remain in any other category, and. 2 1. To help us improve GOV.UK, we’d like to know more about your visit today. If the applicant is required to score points for job creation in Table 5 or Table 6, they must provide all of the following specified documents: (a) printouts of Real Time Full Payment Submissions showing that the applicant complied with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs in respect of each relevant settled worker as legally required, and has done so for the full period of employment used to claim points. (iii) the date of application is before 6 April 2020. (3) the date of the investment period covered, (4) that the institution is a UK regulated financial institution, with the details of the registration shown on the documentation, and. (i) The applicant may withdraw interest accrued and dividends declared after the date on which the applicant purchased the qualifying investments in the portfolio; (ii) Fees, for example those charged by institutions for managing the portfolio, and transaction costs and tax incurred through buying and selling investments cannot be paid for from the investment funds for which the applicant scores points; and. (3) clearly show the amount of money available for investment; (vi) If business accounts in (v) are provided, they must be accompanied by a letter from a legal adviser who is permitted to practise in the country where business was operating, confirming that the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) can lawfully extract the money from the business, which clearly shows: (2) the registration or authority of the legal adviser to practise legally in the country in which the business is operating, (3) the date on which the details are confirmed, and. (6) that the institution will confirm the content of the letter to the Home Office on request. 46. Appendix EU of the UK Immigration Rules is the basis upon which an EEA citizen and their family members, and the family members of a qualifying British citizen, will be granted limited or indefinite leave to enter or remain in the UK after 30 June 2021. (5) the names of the person making the will and the beneficiary. (iv) the date of application is before 6 April 2020. Paragraphs 35–53 of Appendix A of the Immigration Rules, explains the details of the Attributes required for scoring 75 Points for the Investment Funds and … Become a member of EIN to access case law, country reports and bundles. (4) trust fund documents from a legal adviser showing the amount of money in the fund, the date that the money is available and the beneficial owner, and including the name and contact details of the legal adviser and at least one of the trustees; (iii) Personal bank statements on the official bank stationery from a bank that is regulated by the official regulatory body for the country in which the institution operates and the funds are located, showing the account number and the amount of money available in the name of the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner), covering a consecutive 2-year of time, ending no earlier than one calendar month before the date of application. (6) a life insurance policy naming the other partner as beneficiary, (7) birth certificates of any children of the relationship, showing both partners as parents, or. Changes to the Introduction Intro1. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes. 65AA. (e) ISAs, premium bonds and saving certificates issued by National Savings and Investment (NS&I), for an applicant who has, or last had leave as a Tier 1 (Investor) Migrant, (f) Leveraged investment funds, except where the leverage in question is the security against the loan referred to in paragraph (b) in Table 8B or row 1 of Table 9B (as appropriate), and paragraph 61A(i)-(iii) apply, or, (i) the applicant’s initial grant of leave as a Tier 1 (Investor) Migrant was granted under the Rules in place from 29 March 2019, or. ST 1.5. 680). Immigration Rules. found at www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved- english-language-tests. 41. The new immigration rules clarify that only basic gross pay can be used to meet the salary threshold. and GEN.3.3. Money held by the applicant for less than 90 consecutive days, ending no earlier than 31 days before the date of application, where the source of that money is other than those in row 1 above. This Appendix sets out how the continuous residence requirement is met. (8) the date that the money was transferred to the applicant, or husband, wife, civil partner, or unmarried or same-sex partner; (xiii) If the applicant (or applicant and/or husband, wife, civil partner, or unmarried or same-sex partner) has received money from a source not listed above, the applicant must provide relevant documentation as evidence of the source of the money, together with independent supporting evidence, which both clearly confirm: (2) the date that the money was received. ST 1.6. 6. EL 6.1. The accountant must have a valid licence to practise or practising certificate and must be a member of the Institute of Chartered Accountants in England and Wales, the Institute of Chartered Accountants in Scotland, the Institute of Chartered Accountants in Ireland, the Association of Chartered Certified Accountants, or the Association of Authorised Public Accountants, the Chartered Institute of Public Finance and Accountancy, the Institute of Financial Accountants, the Chartered Institute of Management Accountants, or the Association of International Accountants; (viii) include the name and contact details of the financial institution that has certified the portfolio as correct and, except for National Savings and Investment (NS&I) portfolio reports, confirmation that this institution is regulated by the Financial Conduct Authority (FCA) (and the Prudential Regulation Authority (PRA) where applicable); (ix) confirm that the investments were made in the applicant’s name and/or that of his spouse, civil partner, unmarried or same-sex partner and not in the name of an offshore company or trust even if this is wholly owned by the applicant; (x) include the date that the portfolio was certified by the financial institution; (xi) state that the institution will confirm the content of the reports to the Home Office on request; and, (xii) confirmation that the portfolio is unencumbered and has no loans secured against it; and. (c) Companies mainly engaged in property investment, property management or property development (meaning in this context any investment or development of property to increase the value of the property with a view to earning a return either through rent or a future sale or both, or management of property for the purposes of renting it out or resale. (a) Available money must be cash, not Individual Savings Accounts or other assets such as stocks and shares. (6) the relationship between the person making the will and the beneficiary. Don’t include personal or financial information like your National Insurance number or credit card details. (ii) where the money is held in a joint account with the applicant’s spouse, civil partner or partner (defined as a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application), and that spouse or partner is not (and is not applying to be) another Tier 1 (Entrepreneur) Migrant. This applies regardless of how long any chain of intermediary vehicles is. (3) the signatures of the husband, wife, civil partner, or unmarried or same-sex partner and applicant. (8) a statement that the gift is irrevocable; (ii) If a memorandum of gift in (i) is provided, it must be accompanied by a confirmation letter from a legal adviser permitted to practise in the country where the gift was made, which clearly shows: (1) the name of the legal adviser who is confirming the details. 39. EL 5.3. (i) the applicant has opened an account with that bank for the purposes of investing not less than £2 million in the UK; (ii) the bank is regulated by the Financial Conduct Authority for the purposes of accepting deposits; and. (b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs exist for at least 12 months. Money is disposable in the UK if all of the money is held in a UK based financial institution or if the money is freely transferable to the UK and convertible to sterling. (_e) confirmation that the venture capital firm was, at the time the investment was made, registered with the Financial Conduct Authority (FCA) and its entry in the register included a permission to arrange, deal in or manage investments, or to manage alternative investment funds. (5) any other official correspondence linking both partners to the same address, such as example bills for council tax or utilities. The applicant has invested not less than £2 million of his own under his control in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, subject to the restrictions set out in paragraph 65 below. (2) Entry clearance or leave to remain in any sub-category under this Appendix will be curtailed if the Department for Enterprise Withdraws a … The Salary for the employment must meet the Appropriate Salary requirements. (c) Where the applicant is applying under Table 8B or Table 9B and has invested at least 75% of the specified investment amount but less than 100%, he must provide one or more of the following specified documents as evidence of the balance of the funds required to bring his total investment in the UK up to the specified investment amount: (i) Documents confirming the purchase of assets in the UK, showing the assets purchased, the value of these assets and the dates of purchase. (7) in the case of (vii), include the number of the third party or their authorised representative’s identity document (such as a passport or national identity card), the place of issue and dates of issue and expiry. (a) In the case of an application where Table 8A or Table 9A applies, points for maintaining the level of investment for the specified continuous period of leave will only be awarded: (b) In the case of an application where Table 8B or Table 9B applies, points for maintaining the level of investment for the relevant period of leave will only be awarded if: (c) In the case of an application where one of Tables 8A, 8B, 9A or 9B applies: Don’t include personal or financial information like your National Insurance number or credit card details. (c) regardless of whether the applicant is self-employed, a director or member, they must also provide: (i) an overview of the business’s activity, including an explanation of the goods or services it provides to its customers or clients; and. (8) that the memorandum is signed and valid. (v) the registration or permission of the accountant to operate in the UK, (vi) confirmation that the business did not employ any workers before the applicant took over or joined it, if relevant and. 2.9 Where provisions for cancellation of leave to enter or remain, currently contained in Part 9 of the Immigration Rules, have been incorporated into Appendix EU and APPENDIX V: immigration Rules for visitors Introduction A visitor is a person who is coming to the UK, usually for up to six months, for a temporary purpose, for example as a tourist, to visit friends or family or to carry out a business activity. (b) The applicant must provide a declaration from the applicant’s husband, wife, civil partner, or unmarried or same-sex partner that he will permit all joint or personal money used to claim points for the application to be under the control of the applicant in the UK, known as a gift of beneficial ownership of the money while retaining the legal title, which clearly shows: (1) the names of husband, wife, civil partner, or unmarried or same-sex partner and the applicant. The letter must clearly show the registration or authority of the legal representative to practise legally in the UK. The portfolio report or letter must cover a consecutive 2-year period of time, ending no more than one calendar month before the date of application. Where an individual is applying for limited leave to remain in the UK under Appendix FM of the Immigration Rules, the impact of certain criminal convictions on their application has now changed. and 245ZQ(e)(ii) of the Immigration Rules. (3) the applicant’s signature and the signature of the third party (and the signature of the applicant’s entrepreneurial team partner where relevant). 66. (b) UK NARIC confirm that the course of study overseas will lead to an academic (not a professional or vocational) qualification at UK bachelor’s degree level or above. Transitional provisions Part 2 and Appendix V: Immigration Rules for Visitors 1 to 4 Part 3: Persons seeking to enter or remain in the United Kingdom for studies Persons seeking to enter the UK for short-term study A57A to A57E Period and conditions of grant of entry clearance or leave to enter for short-term students A57F (b) Available points for applications for indefinite leave to remain are shown in Table 9B where the date of application is before 6 April 2022 and the applicant was last granted as a Tier 1 (Investor) Migrant under the Rules in place before 6 November 2014, or was awarded points as set out in Table 8B of Appendix A in his last grant. 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