Immigration Rules

Immigration Rules part 6A: the points-based system

Points-based system (paragraphs 245AAA to 245ZZE).

245AAA.General requirements for indefinite leave to remain

The following rules apply to all requirements for indefinite leave to remain in Part 6A and Appendix A:

  1. (a) References to a “continuous period” “lawfully in the UK” means, subject to paragraph (e), residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:
    1. (i) the applicant has not been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
      1. (1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s) and that their Sponsor, if there was one, agreed to the absence(s) for that purpose; and
      2. (2) for any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain; and
      3. (3) for any applicant who has or has had leave as a Tier 2 (General) migrant, where the Certificate of Sponsorship Checking Service entry shows that they were sponsored to work in any of the occupations in table 1 of Appendix J when the absence occurred, any absence from the UK for the purpose of research activities overseas shall not count towards the 180 days, if the applicant provides evidence from their sponsor showing that:
        1. (a) research was the purpose of the absence(s); and
        2. (b) the sponsor, agreed to the absence(s) for that purpose; and
        3. (c) the absence(s) directly related to their Tier 2 employment in the UK; and
      4. (4) for any applicant who has or has had leave as a Tier 1 (Exceptional Talent) Migrant, where they were endorsed by the Royal Society, the British Academy or the Royal Academy of Engineering, any absence from the UK for the purpose of research activities overseas shall not count towards the 180 days, if it occurred while they held this leave.
    2. (ii) the applicant has existing limited leave to enter or remain upon their departure and return, except that:
      1. (1) where that leave expired no more than 28 days prior to a further application for entry clearance which was made before 24 November 2016 and subsequently granted,
      2. (2) where, on or after 24 November 2016, the applicant makes a further application for entry clearance during the currency of continuing limited leave which is subsequently granted, or
      3. (3) where, on or after 24 November 2016, the applicant makes a further application for entry clearance within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application for indefinite leave to remain, why the application could not be made during the currency of continuing limited leave, or
      4. (4) where a successful application for entry clearance is made following the refusal of a previous application to which (2) or (3) otherwise applies, and the application was made within 14 days of that refusal (or the expiry of the time-limit for making an in-time application for administrative review, or any administrative review or appeal being concluded, withdrawn or abandoned or lapsing),
      5. that period spent without existing leave, pending the applicant’s re-entry into the United Kingdom, shall be disregarded; and
    3. (iii) the applicant has any current period of overstaying disregarded where paragraph 39E of these Rules applies; and
    4. (iv) the applicant has any previous period of overstaying between periods of leave disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.
  2. (b) DELETED
  3. (c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the relevant qualifying period must have been for a purpose that is consistent with the applicant’s basis of stay here, including paid annual leave, or for serious or compelling reasons.
  4. (d) The continuous period will be considered as ending on whichever of the following dates is most beneficial to the applicant:
    1. (i) the date of application;
    2. (ii) the date of decision; or
    3. (iii) any date up to 28 days after the date of application
  5. (e) References to a continuous period spent with valid leave in the UK include time spent with valid leave in the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man, where that leave was granted for an equivalent purpose to one of the categories stated in the relevant paragraph, provided that the most recent period prior to the date of application was spent in the UK with valid leave in the relevant category.

245AA.Documents not submitted with applications

  1. (a) Subject to sub-paragraph (b) and where otherwise indicated, where Part 6A or any appendices referred to in Part 6A state that specified documents must be provided, the decision maker (that is the Entry Clearance Officer, Immigration Officer or the Secretary of State) will only consider documents received by the Home Office before the date on which the application is considered.
  2. (b) If the applicant has submitted the specified documents and:
    1. (i) specified evidence is missing from the documents; or
    2. (ii) a document is in the wrong format (for example, if a letter is not on letterhead paper as specified); or
    3. (iii) DELETED
    4. (iv) a document does not contain all of the specified information;
  3. the decision maker may contact the applicant or his representative in writing, and request the correct documents. The requested documents must be received at the address specified in the request within 10 working days of the date of the request.
  4. (c) Documents will not be requested where the decision maker does not think that the submission of missing or correct documents will lead to a grant because the application will be refused for other reasons.
  5. (d) If the applicant has omitted to provide specified evidence, or submitted it in the wrong format, but the missing information is verifiable from other documents provided with the application or elsewhere, the decision maker may grant the application despite the error or omission, if they are satisfied that the applicant meets all the other requirements of the Rules.

245A. Specified documents for students previously sponsored by an overseas government or international scholarship agency

Where Part 6A of these Rules state that specified documents must be provided to show that a sponsoring government or international scholarship agency has provided its unconditional written consent to the application, the specified documents are letters, on the official letter-headed paper or stationery of the organisation(s), bearing the official stamp of that organisation and issued by an authorised official of that organisation. The documents must confirm that the organisation gives the applicant unconditional consent to remain in or re-enter the UK for an unlimited time.

Tier 1 (Exceptional Talent) Migrants

245B. DELETED

245BA. DELETED

245BB. DELETED

245BC. DELETED

245BD. DELETED

245BE. DELETED

245BF. DELETED

Tier 1 (General) Migrants

245C.Purpose

DELETED

245CD. Requirements for indefinite leave to remain

DELETED

245CD-SD Specified documents

DELETED

Tier 1 (Entrepreneur) Migrants

245D. Purpose of this route and meaning of business

  1. (a)(i) This category is now closed to new applicants.
    1. (ii) Individuals who have entry clearance, leave to enter or leave to remain as:
      1. (1) a Tier 1 (Entrepreneur) Migrant
      2. (2) a Tier 1 (Graduate Entrepreneur) Migrant, or
      3. (3) a Start-up migrant, having previously held leave as a Tier 1 (Graduate Entrepreneur) Migrant,
    2. or have had such leave in the 12 months immediately before the date of application, may apply under these rules to extend their stay or for indefinite leave to remain.
    3. (iii) Other migrants who wish to establish one or more businesses in the UK may apply under the rules for the Start-up or Innovator categories, which are set out in Appendix W.
  2. (b) For the purpose of paragraphs 245D to 245DF and paragraphs 35 to 53 of Appendix A ‘business’ means an enterprise as:
    1. (i) a sole trader,
    2. (ii) a partnership, or
    3. (iii) a company registered in the UK.
  3. (c) Where paragraphs 245D to 245DF and paragraphs 35 to 53 of Appendix A, refer to money remaining available to the applicant until such time as it is spent for the purposes of his business or businesses:
    1. (i) ‘Available’ means that the funds are:
      1. (1) in the applicant’s own possession,
      2. (2) in the financial accounts of the UK business(es) which they are relying on to claim points, or
      3. (3) available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41(a)(vi) of Appendix A.
    2. (ii) ‘Invested’ means that the funds have been invested into a business or businesses which the applicant is running as self-employed or as a director or member of a partnership. ‘Invested’ or ‘spent’ excludes spending on:
      1. (1) the applicant’s own remuneration,
      2. (2) buying any business from a previous owner, where the money ultimately goes to that previous owner (irrespective of whether it is received or held directly or indirectly by that previous owner) rather than into the business being purchased (This applies regardless of whether the money is channelled through the business en route to the previous owner, for example by means of the applicant or business purchasing ‘goodwill’ or other assets which were previously part of the business.),
      3. (3) investing in businesses, other than those which the applicant is running as self-employed or as a director, and
      4. (4) any spending which is not directly for the purpose of establishing or running the applicant’s own business or businesses.

245DA. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (Entrepreneur) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245DB. Requirements for entry clearance

To qualify for entry clearance as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets those requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

  1. Requirements:
    1. (a)The applicant must not fall for refusal under the general grounds for refusal.
    2. (b)The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
    3. (c)The applicant must have a minimum of 10 points under paragraph 1 to 15 of Appendix B.
    4. (d)The applicant must have a minimum of 10 points under paragraph 1 to 2 ofAppendix C.
    5. (e) The applicant must have entry clearance, leave to enter or leave to remain as:
      1. (i) a Tier 1 (Entrepreneur) Migrant
      2. (ii) a Tier 1 (Graduate Entrepreneur) Migrant, or
      3. (iii) a Start-up migrant, having previously held leave as a Tier 1 (Graduate Entrepreneur) Migrant,
    6. or have had such leave in the 12 months immediately before the date of application.
  1. (f) DELETED
  2. (g) The applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.
  3. (h) DELETED
  4. (i) Where the applicant has entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, or has had such leave in the 12 months immediately before the date of application, and is being assessed under Table 5 of Appendix A, the Entry Clearance Officer must be satisfied that:
    1. (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant; and
    2. (ii) the applicant has genuinely invested the money referred to in Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses; and
    3. (iii) the applicant genuinely intends to continue operating one or more businesses in the UK; and
    4. (iv) the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.
  5. (j) In making the assessment in (i), the Entry Clearance Officer will assess the balance of probabilities. The Entry Clearance Officer may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix A;
    3. (iii) the credibility of the financial accounts of the business or businesses;
    4. (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant;
    5. (v) the credibility of the job creation for which the applicant is claiming points in Table 5 of Appendix A;
    6. (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (viii) any other relevant information.
  6. (k) The Entry Clearance Officer reserves the right to request additional information and evidence to support the assessment in (i), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Entry Clearance Officer at the address specified in the request within 28 calendar days of the date of the request.
  7. (l) If the Entry Clearance Officer is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
  8. (m) The Entry Clearance Officer may decide not to carry out the assessment in (i) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  9. (n) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Entry Clearance Officer to attend for interview.
  10. (o) The applicant must be at least 16 years old.
  11. (p) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian or by one parent if that parent has sole legal responsibility for the child.
  12. (q) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  13. (r) Where the applicant is 18 years of age or older, the applicant must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.
  14. (s) If the applicant has failed to provide a criminal record certificate or an explanation in accordance with sub-paragraph (r), the decision maker may contact the applicant or his representative in writing, and request the certificate(s) or explanation. The requested certificate(s) or explanation must be received at the address specified in the request within 28 calendar days of the date of the request.
  15. (t) The application must have been made:
    1. (i) before 6 July 2021, if the applicant has ever previously had leave as a Tier 1 (Graduate Entrepreneur) Migrant and is claiming points for an initial application under Table 4 of Appendix A; or
    2. (ii) before 6 July 2025, if the applicant has ever previously had leave as a Tier 1 (Graduate Entrepreneur) Migrant and is claiming points for an extension application under Table 5 of Appendix A; or
    3. (iii) before 6 April 2023, in all other cases.

245DC. Period and conditions of grant

  1. (a) Entry clearance will be granted:
    1. (i) for a period of 2 years, to an applicant who has, or has had, leave as a Tier 1 (Entrepreneur) Migrant in the 12 months immediately before the date of application,
    2. (ii) for a period of 3 years and four months, to an applicant who has, or has had, leave as a Tier 1 (Graduate Entrepreneur) Migrant or a Startup migrant in the 12 months immediately before the date of application.
  2. (b) Entry clearance will be subject to the following conditions:
    1. (i) no recourse to public funds,
    2. (ii) registration with the police, if this is required by paragraph 326 of these Rules, and
    3. (iii) no employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.

245DD. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, except that paragraph 322(10) shall not apply, and must not be an illegal entrant.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
  3. (c) The applicant must have a minimum of 10 points under paragraphs 1 to 15 of Appendix B.
  4. (d) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.
  5. (e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
    1. (i) a Tier 1 (Entrepreneur) Migrant,
    2. (ii) a Tier 1 (Graduate Entrepreneur) Migrant, or
    3. (iii) a Start-up migrant, having previously held leave as a Tier 1 (Graduate Entrepreneur) Migrant.
  6. (f) DELETED
  1. (g) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
  2. (h) DELETED
  3. (i) The applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.
  4. (j) DELETED
  5. (k) Where the applicant has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant and is being assessed under Table 5 of Appendix A, the Secretary of State must be satisfied that:
    1. (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant; and
    2. (ii) the applicant has genuinely invested the money referred to in Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses; and
    3. (iii) the applicant genuinely intends to continue operating one or more businesses in the UK; and
    4. (iv) the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.
  6. (l) In making the assessment in (k), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix A;
    3. (iii) the credibility of the financial accounts of the business or businesses;
    4. (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant;
    5. (v) the credibility of the job creation for which the applicant is claiming points in Table 5 of Appendix A;
    6. (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (viii) any other relevant information.
  7. (m) The Secretary of State reserves the right to request additional information and evidence to support the assessment in (k), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
  8. (n) If the Secretary of State is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
  9. (o) The Secretary of State may decide not to carry out the assessment in (k) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  10. (p) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.
  11. (q) The applicant must be at least 16 years old.
  12. (r) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian or by one parent if that parent has sole legal responsibility for the child.
  13. (s) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.
  14. (t) The application must have been made:
    1. (i) before 6 July 2021, if the applicant has, or was last granted, entry clearance, leave to enter or remain as a Tier 1 (Graduate Entrepreneur) Migrant or a Start-up migrant; or
    2. (ii) before 6 July 2025, if the applicant has ever previously had leave as a Tier 1 (Graduate Entrepreneur) Migrant and is claiming points for an extension application under Table 5 of Appendix A; or
    3. (iii) before 6 April 2023, in all other cases.

245DE. Period, conditions and curtailment of grant

  1. (a) Leave to remain will be granted:
    1. (i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant,
    2. (ii) for a period of 3 years, to an applicant who has, or was last granted, leave as a Tier 1 (Graduate Entrepreneur) Migrant or a Start-up migrant
  2. (b) Leave to remain under this route will be subject to the following conditions:
    1. (i) no recourse to public funds,
    2. (ii) registration with the police, if this is required by paragraph 326 of these Rules, and
    3. (iii) no employment, other than working for the business or businesses which he has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition set out in Appendix ATAS of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.
  3. (c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain granted to a Tier 1 (Entrepreneur) Migrant may be curtailed if:
    1. (i) within 6 months of the date specified in paragraph (d), the applicant has not done one or more of the following things:
      1. (1) registered with HM Revenue and Customs as self-employed,
      2. (2) registered a new company or partnership in which he is a director or member, or
      3. (3) registered as a director or member of an existing business or partnership, or
    2. (ii) the funds referred to in the relevant sections of Appendix A cease to be available to him, except where they have been spent for the purposes of his business or businesses.
  4. (d)The date referred to in paragraph (c) is:
    1. (i) the date of the applicant’s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is evidence to establish the applicant’s date of entry to the UK,
    2. (ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is no evidence to establish the applicant’s date of entry to the UK, or
    3. (iii) the date of the grant of leave to remain to the applicant, in any other case.

245DF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) DELETED
  2. (b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  3. (c) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
  4. (d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  5. (e) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
  6. (f) The Secretary of State must be satisfied that:
    1. (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant; and
    2. (ii) the applicant has genuinely invested the money referred to in Table 6 of Appendix A into one or more businesses in the UK to be spent for the purpose of that business or businesses; and
    3. (iii) the applicant genuinely intends to continue operating one or more businesses in the UK.
  7. (g) In making the assessment in (f), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:
    1. (i) the evidence the applicant has submitted;
    2. (ii) the viability and credibility of the source of the money referred to in Table 6 of Appendix A;
    3. (iii) the credibility of the financial accounts of the business or businesses;
    4. (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant;
    5. (v) the credibility of the job creation for which the applicant is claiming points in Table 6 of Appendix A;
    6. (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    7. (viii) any other relevant information.
  8. (h) The Secretary of State reserves the right to request additional information and evidence to support the assessment in (f), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
  9. (i) If the Secretary of State is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
  10. (j) The Secretary of State may decide not to carry out the assessment in (f) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
  11. (k) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.
  12. (l) The application for indefinite leave to remain must have been made:
    1. (i) before 6 July 2027, if the applicant has ever previously had leave as a Tier 1 (Graduate Entrepreneur) Migrant; or
    2. (ii) before 6 April 2025, in all other cases.

Tier 1 (Investor) Migrants

245E. Purpose

This route is for high net worth individuals making a substantial financial investment to the UK.

245EA. Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 (Investor) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.

245EB. Requirements for entry clearance

To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.
  3. (c) An applicant who has, or was last granted, permission as a Student or Child Student and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to as set out in paragraph 245A above, show that this requirement has been met.
  1. (d) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.
  2. (e) The entry clearance officer must not have reasonable grounds to believe that:
    1. (i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A or (where relevant) was awarded points in a previous application as a Tier 1 (Investor) Migrant, the applicant is or was not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Appendix A to these Rules; or
    2. (ii) any of the money specified in the application for the purposes of meeting the requirements of Appendix A to these Rules held by:
      1. (1) the applicant; or
      2. (2) where any of the specified money has been made available to the applicant by another party, that party, has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK, or has been or will be transferred internationally by means which are unlawful in any of the countries involved; or
    3. (iii) where any of the money specified in the application for the purposes of meeting the requirements of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
    4. and where the Entry Clearance Officer does have reasonable grounds to believe one or more of the above applies, no points from Appendix A will be awarded.
  3. (f) Where the applicant is 18 years of age or older, the applicant must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.
  4. (g) If the applicant has failed to provide a criminal record certificate or an explanation in accordance with sub-paragraph (f), the decision maker may contact the applicant or his representative in writing, and request the certificate(s) or explanation. The requested certificate(s) or explanation must be received at the address specified in the request within 28 calendar days of the date of the request.

245EC. Period and conditions of grant

  1. (a) Entry clearance will be granted:
    1. (i) for a period of 2 years, to an applicant who has, or has had, leave as a Tier 1 (Investor) Migrant in the 12 months immediately before the date of application, or
    2. (ii) for a period of 3 years and four months, to any other applicant.
  2. (b) Entry clearance will be subject to the following conditions:
    1. (i) no recourse to public funds,
    2. (ii) registration with the police, if this is required by paragraph 326 of these Rules,
    3. (iii) no Employment as a Doctor or Dentist in Training, unless the applicant has obtained a primary degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a student sponsor licence under the Points Based System, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach).
    5. (v) study subject to the condition set out in Appendix ATAS of these Rules.

245ED. Requirements for leave to remain

To qualify for leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  2. (b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.
  3. (c) The applicant must have, or have last been granted, entry clearance, leave to enter or remain:
    1. (i) as a Highly Skilled Migrant,
    2. (ii) as a Tier 1 (General) Migrant,
    3. (iii) as a Tier 1 (Entrepreneur) Migrant,
    4. (iv) as a Tier 1 (Investor) Migrant,
    5. (v)-(xiv) DELETED
    6. (xv) as a Tier 2 Migrant,
    7. (xvi) as a Student and, in respect of such leave, is or was last sponsored by:
      1. (1) a higher education provider with a track record of compliance; or
      2. (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
      3. (3) an Embedded College offering Pathway Courses, or
      4. (4) an independent school, or
    8. (xvii) as a Child Student.
  4. (d) An applicant who has, or was last granted, leave as a Student or Child Student and:
    1. (i) is currently being sponsored by a government or international scholarship agency, or
    2. (ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less,
    3. must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.
  1. (e) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.
  2. (f) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
  3. (g) The Secretary of State must not have reasonable grounds to believe that:
    1. (i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A or (where relevant) was awarded points in a previous application as a Tier 1 (Investor) Migrant, the applicant is not or was not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Appendix A to these Rules; or
    2. (ii) any of the money specified in the application for the purposes of meeting the requirements of Appendix A to these Rules held by:
      1. (1) the applicant; or
      2. (2) where any of the specified money has been made available to the applicant by another party, that party,
      3. has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK, or has been or will be transferred internationally by means which are unlawful in any of the countries involved; or
    3. (iii) where any of the money specified in the application for the purposes of meeting the requirements of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
    4. and where the Secretary of State does have reasonable grounds to believe one or more of the above applies, no points from Appendix A will be awarded.

245EE. Period, conditions and curtailment of grant

  1. (a) Leave to remain will be granted:
    1. (i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Investor) Migrant,
    2. (ii) for a period of 3 years, to any other applicant.
  2. (b) Leave to remain under this route will be subject to the following conditions:
    1. (i) no recourse to public funds,
    2. (ii) registration with the police, if this is required by paragraph 326 of these Rules,
    3. (iii) no Employment as a Doctor or Dentist in Training, unless the applicant:
      1. (1) has obtained a primary degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a student sponsor licence under the Points Based System, and provides evidence of this degree; or
      2. (2) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Doctor in Training, has been employed during that leave as a Doctor in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the General Medical Council as a training programme or post; or
      3. (3) has, or has last been granted, entry clearance, leave to enter or leave to remain that was not subject to any condition restricting him from taking employment as a Dentist in Training, has been employed during that leave as a Dentist in Training, and provides a letter from the Postgraduate Deanery or NHS Trust employing them which confirms that they have been working in a post or programme that has been approved by the Joint Committee for Postgraduate Training in Dentistry as a training programme or post, and
    4. (iv) no employment as a professional sportsperson (including as a sports coach), and
    5. (v) study subject to the condition set out in Appendix ATAS of these Rules.
  3. (c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain as a Tier 1 (Investor) Migrant may be curtailed if:
    1. (i) within 3 months of the date specified in paragraph (d), the applicant has not invested, or had invested on his behalf, at least the amount of capital specified in paragraph (e) in the UK by way of UK Government bonds (where the applicant’s initial grant of leave as a Tier 1 (Investor) Migrant was granted under the Rules in place before 29 March 2019 and the date of application is before 6 April 2023), share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment, or
    2. (ii) the applicant does not maintain at least the level of investment in (i) throughout the remaining period of his leave.
  4. (d) The date referred to in paragraph (c) is:
    1. (i) the date of the applicant’s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is evidence to establish the applicant’s date of entry to the UK,
    2. (ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Investor) Migrant where there is no evidence to establish the applicant’s date of entry to the UK, or
    3. (iii) the date of the grant of leave to remain to the applicant, in any other case.
  5. (e) The amount of capital referred to in paragraph (c) is:
    1. (i) at least £2 million if the applicant was last granted leave under the Rules in place from 6 November 2014 and was awarded points as set out in Table 7 or Table 8A of Appendix A to these Rules in that last grant, or
    2. (ii) at least £750,000 if the applicant was last granted leave under the Rules in place before 6 November 2014 or was awarded points as set out in Table 8B of Appendix A to these Rules in his last grant
  6. (f) Paragraph 245EE(c) does not apply where the applicant’s two most recent grants of leave were as a Tier 1 (Investor) Migrant.

245EF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain, a Tier 1 (Investor) Migrant must meet the requirements listed below. if the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

  1. (a) DELETED
  2. (b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
  3. (c) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A
  4. (d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
  5. (e) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
  6. (f) The Secretary of State must not have reasonable grounds to believe that:
    1. (i) notwithstanding that the applicant was awarded points in a previous application as a Tier 1 (Investor) Migrant, the applicant is or was not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Appendix A to these Rules; or
    2. (ii) any of the money specified in the application for the purposes of meeting the requirements of Appendix A to these Rules held by:
      1. (1) the applicant; or
      2. (2) where any of the specified money has been made available to the applicant by another party, that party,
      3. has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK, or has been transferred internationally by means which are unlawful in any of the countries involved; or
    3. (iii) where any of the money specified in the application for the purposes of meeting the requirements of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
    4. and where the Secretary of State does have reasonable grounds to believe one or more of the above applies, no points from Appendix A will be awarded.

Tier 1 (Graduate Entrepreneur) Migrants

245F. This category is now closed and has been replaced by the Start-up category in Appendix W.

TIER 2 MIGRANTS

Tier 2 (Intra-Company Transfer) Migrants

245G. DELETED

245GA. DELETED

245GB. DELETED

245GC. DELETED

245GD. DELETED

245GE. DELETED

245GF. Requirements for indefinite leave to remain

DELETED

245GF-SD Specified documents

DELETED

Tier 2 (General) Migrants, Tier 2 (Minister of Religion) Migrants and Tier 2 (Sportsperson) Migrants

245H. Purpose of these routes and definitions

DELETED

245HA. Entry clearance

DELETED

245HB. Requirements for entry clearance

DELETED

245HD. Requirements for leave to remain

DELETED

245HE. Period and conditions of grant

DELETED

245HF. Requirements for indefinite leave to remain as a Tier 2 (General) Migrant or Tier 2 (Sportsperson) Migrant

DELETED

245HG. Requirements for indefinite leave to remain as a Tier 2 (Minister of Religion) Migrant

DELETED

245HH Specified documents

DELETED

Tier 5 (Youth Mobility Scheme) Temporary Migrants

245ZI. Purpose of this route

DELETED

245ZJ. Entry clearance

DELETED

245ZK. Requirements for entry clearance

DELETED

245ZL. Period and conditions of grant

DELETED

Tier 5 (Temporary Worker) Migrants

245ZM. Purpose of this route and definitions

DELETED

245ZN. Entry clearance

DELETED

245ZO. Requirements for entry clearance or leave to enter

DELETED

245ZP. Period and conditions of grant

DELETED

245ZQ. Requirements for leave to remain

DELETED

245ZR. Period and conditions of grant

DELETED

245ZS. Requirements for indefinite leave to remain

DELETED

Tier 4 (General) Student

245ZT. Purpose of this route

DELETED

245ZU. Entry clearance

DELETED

245ZV. Requirements for entry clearance

DELETED

245ZW. Period and conditions of grant

DELETED

245ZX. Requirements for leave to remain

DELETED

245ZY. Period and conditions of grant

DELETED

Tier 4 (Child) Student

245ZZ. Purpose of route

DELETED

245ZZA. Entry clearance

DELETED

245ZZB. Period and conditions of grant

DELETED

245ZZC. Requirements for leave to remain

DELETED

245ZZD. Period and conditions of grant

DELETED

245ZZE Specified documents, details and requirements of care arrangements

DELETED