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Business Visa and Immigration: Workers and Business People

Retired People of Independent Means

From 1 October 1994, people 60 years old or older who have a guaranteed income of at least £25,000 per year under their control and disposable in the UK, without taking employment, doing business or getting help from anyone else, or claiming public funds, may be allowed to come to live in the UK. They must apply for entry clearance and show that they have the requisite amount of money and that they plan to live on it, without doing any work or business, and that this will produce enough money to support themselves and their dependants. They also have to intend to make their main home in the UK and show that they have a 'close connection' with the UK.

In the past, there was no age limit for persons of independent means. Under the previous rules, the Immigration Appeal Tribunal interpreted 'close connection' as having close relatives either settled or living in the UK for some time, for example as students, or the applicant having spent a substantial period of time in the UK in the past. An adjudicator's decision (Yee Sum Thong), held that having a gay partner in the UK is a 'close connection', the Home Office was refused leave to appeal to the Tribunal against this.

The spouses and children under 18 of persons of independent means can be given entry clearance to come to join them. They will all normally be given permission to stay for four years on arrival with a prohibition on working and can apply to settle near the end of that time. This will be granted as long as the money has remained available throughout the period, they have made the UK their main home and they have had no recourse to public funds.

Michael Reason LLM, April 2000.

http://www.michael-reason.com

References

JCWI Immigration nationality & refugee handbook 1999 edition

Butterworths Immigration Law Handbook

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