General requirements for settlement in work, business and investment categories
Produced in partnership with Gary McIndoe of Latitude Law

The following Immigration practice note produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • General requirements for settlement in work, business and investment categories
  • Qualifying period
  • Physical presence (absences)
  • Period between issue of entry clearance and arrival in the UK
  • Calculating absences
  • Practicalities of absence calculation
  • No need for absences to have any specific purpose
  • Appendix Continuous Residence: absences that will be disregarded for specified reasons
  • Full-time service overseas as a member of HM armed forces reserve
  • Time spent in the Crown Dependencies
  • More...

General requirements for settlement in work, business and investment categories

This Practice Note examines the key common requirements for settlement applications in relevant work, business and investment (hereafter ‘economic’) categories in the Immigration Rules. All routes which have been ‘simplified’ for the post-Brexit Immigration system now refer to indefinite leave to remain (ILR) as settlement. Bear in mind that some economic routes do not lead to settlement: notably the Intra-Company and Start-up routes.

These general requirements may be summarised as:

  1. absences and continuity of lawful residence

  2. knowledge of English Language, and

  3. knowledge of life in the UK

For the implications of previous criminal conduct/convictions on applications for settlement, see Practice Note: Previous conduct.

Save for certain historical differences which are detailed below, these requirements apply equally to partner dependants as to main applicants. Child dependants are, in common with all other immigration routes, not subject to residence requirements at the settlement stage (except, possibly, under Appendix Hong Kong BN(O)—see below), although those who are 18 years old or over at the date of application will be subject to English language and life in the UK requirements.

Note that the relevant requirements are set out in a different way in the Immigration Rules, depending on whether the route is a ‘simplified’ or pre-simplified route. The only remaining pre-simplified economic routes are now Tier 1 (Entrepreneur) and Tier 1 (Investor).

For the

Related documents:

Popular documents