qualifying for settlement.
You
We usually disregard short absences abroad on holiday but we have never been prepared to grant settlement if the applicant has spent only short periods here. said that this caused difficulties for applicants who have business interests abroad. I should explain that persons of independent means are not allowed to work and the Immigration Appeals Tribunal have held that this means without working or running a business either in the United Kingdom 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. A businessman who holds the appropriate entry clearance may be accompanied by his wife and any children under 18 and they will normally be admitted for an initial period of 12 months. Provided that he continues to meet the requirements of the Rules he may be granted yearly extensions of stay which normally lead to settlement after four years. Businessmen are expected to reside here continuously for four years although we disregard short absences abroad for business or holidays. The Immigration Rules are normally strictly applied but we are prepared to waive
are prepared to waive some of the requirements and operate the Rules flexibly where this is justified by a substantial investment. A decision on whether a concession is justified depends on the details of the individual case and applicants need to discuss this with us in advance.
Finally, you refer to the "10 Year Concession". Where any person has lived continuously in this country for ten years or more, we recognise that they will have established a way of life in the United Kingdom and this is taken into account in considering any application for indefinite leave to remain. Continuous residence of ten years or more is generally considered to be a "prima facie" reason for granting indefinite leave to remain, even though the person may not qualify for this under the general provisions of the Immigration Rules. However, each case is considered on its merits, taking account any countervailing factors. A particular requirement to be met is the fact that the residence should be continuous. Long absences abroad would generally be regarded as having interrupted an established way of life in this country and absences in excess of three months would normally be regarded as breaking continuous residence but these criteria are applied equally to all applicants and there is no question of applying a 12-15 year requirement in relation to Hong Kong residents.
/cont...