The Earl of Buckinghamshire
22 December 1986
On immigration I understand you are particularly interested in our policy on settlement in the UK leading to British nationality for Hong Kong residents with money to invest here. This type of immigration could come under two different categories within the Immigration Rules: "Independent Means" or "Businessmen"
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For an application to succeed under the independent means provision, a person must show that he has capital of at least £150,000 or an annual income of not less than £15,000, and that he will be able to maintain and accommodate himself and any dependants indefinitely without working, with no assistance from any other persons and without recourse to public funds. In addition he also needs to demonstrate either a close connection with the UK or that his admission is in the general interests of the UK. The provisions for the admission of persons of independent means have not changed significantly for a number of years and all applications are considered equally on their merits.
As regards the subsequent acquisition of British nationality by people admitted as persons of independent means, there is a clear rule. Any person admitted under this provision must stay here for four years before qualifying for "settlement". Once settled here a person can apply for naturalisation as a British citizen under the British Nationality Act 1981. The Home Office usually disregards short absences abroad on holiday but they have never been prepared to grant settlement if the applicant has spent only short periods here. To the possible charge that this would cause difficulties for applicants who have business interests abroad, I should say that persons of independent means are not allowed to work and the Immigration Appeals Tribunal have held that this means not working or running a business either in the UK or abroad.
There are separate provisions in the Immigration Rules for people who wish to set up in business here. The most important requirements are a personal investment of at least £150,000 and the creation of new jobs here. Prospective businessmen also need to show that there is a genuine need for their services and investment and that they will be occupied full time in the running of the business. Initial admittance is for 12 months and provided the requirements of the Rules continue to be met, yearly extensions of stay normally lead to settlement after four years. The Immigration Rules in relation to businessmen are normally strictly applied but : the Home Office have been prepared to waive some of the requirements and operate the Rules flexibly where this is justified by a substantial investment.. Each case is considered on its merits.
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