TNAG-1482-FCO40-2036-Economic-and-commercial-value-of-Hong-Kong-to-the-UK-1986 — Page 73

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to be invested by the applicant be less than £150,000 and evidence that this - amount or more is under his control and disposable in the United Kingdom

must be produced.

36. Where the applicant intends to take over, or join as a partner, an existing business, he will need, in addition to meeting the requirements of the preceding paragraph, to show that his share of the profits will be sufficient to maintain and accommodate him and his dependants, Audited accounts of the business for previous years must be produced to the entry clearance officer in order to establish the precise financial position, together with a written statement of the terms on which he is to enter or take over the business. There must be evidence to show that his services and investment will create new, paid, full-time employment in the business for persons already settled here. An entry clearance is to be refused if an applicant cannot satisfy all the relevant requirements of this or the preceding paragraph or where it appears that the proposed partner- ship or directorship amounts to disguised employment or where it seems likely that, to obtain a livelihood, the applicant will have to supplement his business activities by employment of any kind or by recourse to public funds..

37. If the applicant wishes to establish a new business in the United Kingdom on his own account or to be self-employed he will need to meet the requirements of paragraph 35 and satisfy the entry clearance officer that he will be bringing. into the country sufficient funds of his own to establish an enterprise that can realistically be expected to maintain and accommodate him and any dependants without recourse to employment of any kind (other than his self-employment) or to public funds. He will need to show in addition that the business will provide new, paid, full-time employment in the business for persons already settled here. An entry clearance is to be refused if an applicant cannot satisfy all the requirements of this paragraph and of paragraph 35.

Persons of independent means •

38. A passenger seeking entry as a person of independent means must hold a current entry clearance issued to him for that purpose. He should, subject to paragraph 13, be admitted for an initial period of up to 12 months with a prohibition on the taking of employment. For an applicant to obtain entry clearance he will need to show that he has, under his control and disposable in the United Kingdom, a sum not less than £150,000 or income of not less than £15,000 a year. He must also be able and willing to maintain himself and support and accommodate any dependants indefinitely in the United Kingdom without working, with no assistance from any other persons and without recourse to public funds. An entry clearance is not, however, to be granted solely because these financial conditions are met. In addition the applicant must demonstrate a close connection with the United Kingdom (including for example the presence of close relatives here or periods of previous residence), or that his admission would be in the general interests of the United Kingdom.

iters and artists

39. A passenger seeking entry as a writer or an artist must hold a current entry clearance granted to him for that purpose. He may be admitted for an initial period of up to 12 months subject to a condition restricting his freedom

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to take employment. For an applicant to obtain an entry clearance he will need to show that he does not intend to do work other than that related to his self-employment as a writer or artist and that he will be able to maintain and accommodate himself and any dependants from his own resources including the proceeds of that self-employment without recourse to public funds.

Dependants of persons admitted under paragraphs 27-39

40. The wife and the children under 18 of a person admitted to the United Kingdom to take or seek employment, or as a businessman, a self-employed person, a writer or artist or a person of independent means, should be given leave to enter for the period of his authorised stay if, apart from his having only limited leave to enter, the requirements of paragraphs 42-46 are fulfilled. Their freedom to take employment should not be restricted unless the head of the family is himself prohibited from taking employment, in which case the pro- hibition should extend to the wife and children. No other dependants are to be admitted before the person is settled here.

PART IV: PASSENGERS COMING FOR SETTLEMENT

United Kingdom passport holders

41. Where the passenger is a British Overseas citizen and presents a special voucher issued to him by a British Government representative overseas (or an entry clearance in lieu), he is to be admitted for settlement, as are his dependants if they have obtained entry clearances for that purpose and satisfy the require- ments of paragraph 42; but such a passenger who comes for settlement without a special voucher or entry clearance is to be refused leave to enter.

Dependants: general provisions

42. This paragraph and paragraphs 43-49 cover the admission for settle- ment of the dependants of a person who is present in the United Kingdom and settled here, or who is on the same occasion given indefinite leave to enter. In all such cases (except those mentioned in the last sentence of this paragraph) that person must be able and willing to maintain and accommodate his de- pendants without recourse to public funds in accommodation of his own or which he occupies himself and he should give an undertaking in writing to this effect if requested. This requirement does not apply to the admission of the wife, or a child under the age of 18, of a Commonwealth citizen who has the right of abode or was settled in the United Kingdom on the coming into force of the Act.

43. In addition, a passenger seeking admission as a dependant under this Part of the rules must hold a current entry clearance granted to him for that

purpose.

Wives

44. The wife of a person who is settled in the United Kingdom or is on the same occasion being admitted for settlement is herself to be admitted for settlement if the requirements of paragraphs 42 and 43 are satisfied. A member of HM Forces based in the United Kingdom but serving overseas should be regarded for this purpose as being in the United Kingdom.

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