Appendix F - Immigration rules relating to Highly Skilled Migrants, the International Graduates Scheme, the Fresh Talent: Working in Scotland Scheme, Businesspersons, Innovators, Investors and Writers, Composers and Artists as at 29 June 2008
Highly skilled migrants
Requirements for leave to enter the United Kingdom as a highly skilled migrant
135A. The requirements to be met by a person seeking leave to enter as a highly skilled migrant are that the applicant:
(i) must produce a valid document issued by the Home Office confirming that he meets, at the time of the issue of that document, the criteria specified by the Secretary of State for entry to the United Kingdom under the Highly Skilled Migrant Programme; and
(ii) intends to make the United Kingdom his main home; and
(iii) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(iv) holds a valid United Kingdom entry clearance for entry in this capacity; and
(v) if he makes an application for leave to enter on or after 29 February 2008, is not applying in India.
Immigration Officers at port should not refuse entry to passengers on the basis that they applied in India, if those passengers have a valid entry clearance for entry in this capacity.
Leave to enter as a highly skilled migrant
135B. A person seeking leave to enter the United Kingdom as a highly skilled migrant may be admitted for a period not exceeding 2 years, subject to a condition prohibiting Employment as a Doctor in Training (unless the applicant has submitted with this application a valid Highly Skilled Migrant Programme Approval Letter, where the application for that approval letter was made on or before 6 February 2008), provided the Immigration Officer is satisfied that each of the requirements of paragraph 135A is met and that the application does not fall for refusal under paragraph 135HA.
Refusal of leave to enter as a highly skilled migrant
135C. Leave to enter as a highly skilled migrant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135A is met or if the application falls for refusal under paragraph 135HA.
International Graduates Scheme
Requirements for leave to enter as a participant in the International Graduates Scheme
135O. The requirements to be met by a person seeking leave to enter as a participant in the International Graduates Scheme are that he:
(i) has successfully completed and obtained either:
(a) a recognised UK degree (with second class honours or above) in a subject approved by the Department for Education and Skills for the purposes of the Science and Engineering Graduates scheme, completed before 1 May 2007; or
(b) a recognised UK degree, Master's degree, or PhD in any subject completed on or after 1 May 2007; or
(c) a postgraduate certificate or postgraduate diploma in any subject completed on or after 1 May 2007;
at a UK education institution which is a recognised or listed body.
(ii) intends to seek and take work during the period for which leave is granted in this capacity;
(iii) can maintain and accommodate himself and any dependants without recourse to public funds;
(iv) completed his degree, Master's degree, PhD or postgraduate certificate or diploma, in the last 12 months;
(v) if he has previously spent time in the UK as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme, is not seeking leave to enter to a date beyond 12 months from the date he was first given leave to enter or remain under the Science and Engineering Graduates Scheme or the International Graduates Scheme;
(vi) intends to leave the United Kingdom if, on expiry of his leave under this scheme, he has not been granted leave to remain in the United Kingdom in accordance with paragraphs 128-135, 200-210H or 245A-245G of these Rules;
(vii) has the written consent of his official sponsor to enter or remain in the United Kingdom under the Science and Engineering Graduates Scheme or International Graduates Scheme if his approved studies, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(viii) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas),a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter as a participant in the International Graduates Scheme
135P. A person seeking leave to enter the United Kingdom as a participant in the International Graduates Scheme may be admitted for a period not exceeding 12 months provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a participant in the International Graduates Scheme
135Q. Leave to enter as a participant in the International Graduates Scheme is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 135O is met.
Requirements for leave to remain as a participant in the International Graduates Scheme
135R. The requirements to be met by a person seeking leave to remain as a participant in the International Graduates Scheme are that he:
(i) meets the requirements of paragraph 135O(i) to (vii); and
(ii) has leave to enter or remain as a student or as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 57-69L or 135O-135T of these Rules;
(iii) would not, as a result of an extension of stay, remain in the United Kingdom as a participant in the International Graduates Scheme to a date beyond 12 months from the date on which he was first given leave to enter or remain in this capacity or under the Science and Engineering Graduates Scheme.
Leave to remain as a participant in the International Graduates Scheme
135S. Leave to remain as a participant in the International Graduates Scheme may be granted if the Secretary of State is satisfied that the applicant meets each of the requirements of paragraph 135R.
Refusal of leave to remain as a participant in the International Graduates Scheme
135T. Leave to remain as a participant in the International Graduates Scheme is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 135R is met.
Requirements for leave to enter the United Kingdom as a Fresh Talent: Working in Scotland scheme participant
143A. The requirements to be met by a person seeking leave to enter as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) has been awarded:
(a) a HND, by a Scottish publicly funded institution of further or higher education, or a Scottish bona fide private education institution; or
(b) a recognised UK undergraduate degree, Master?s degree or PhD or postgraduate certificate or diploma, by a Scottish education institution which is a recognised or listed body; and
(ii) has lived in Scotland for an appropriate period of time whilst studying for the HND,
undergraduate degree, Master?s degree PhD or postgraduate certificate or diploma referred to in (i) above; and
(iii) intends to seek and take employment in Scotland during the period of leave granted under this paragraph; and
(iv) is able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(v) has completed the HND, undergraduate degree, Master's degree PhD or postgraduate certificate or diploma referred to in (i) above in the last 12 months; and
(vi) intends to leave the United Kingdom if, on expiry of his leave under this paragraph, he has not been granted leave to remain in the United Kingdom as:
(a) a work permit holder in accordance with paragraphs 128-135 of these Rules; or
(b) a Tier 1 (General) Migrant; or
(c) a person intending to establish themselves in business in accordance with paragraphs 200?210 of these Rules; or
(d) an innovator in accordance with paragraphs 210A-210H of these Rules; and
(vii) has the written consent of his official sponsor to enter or remain in the United Kingdom as a Fresh Talent: Working in Scotland scheme participant, if the studies which led to his qualification under (i) above (or any studies he has subsequently undertaken) were sponsored by a government or international scholarship agency; and
(viii) if he has previously been granted leave as either:
(a) a Fresh Talent: Working in Scotland scheme participant in accordance with this paragraph; and/or
(b) a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O-135T of these Rules is not seeking leave to enter under this paragraph which, when amalgamated with any previous periods of leave granted in either of these two categories, would total more than 24 months; and
(ix) holds a valid entry clearance for entry in this capacity except where he is a British National (Overseas), a British overseas territories citizen, a British Overseas citizen, a British protected person or a person who under the British Nationality Act 1981 is a British subject.
Leave to enter as a Fresh Talent: Working in Scotland scheme participant
143B. A person seeking leave to enter the United Kingdom as a Fresh Talent: Working in
Scotland scheme participant may be admitted for a period not exceeding 24 months provided the Immigration Officer is satisfied that each of the requirements of paragraph 143A is met.
Refusal of leave to enter as a Fresh Talent: Working in Scotland scheme participant
143C. Leave to enter as a Fresh Talent: Working in Scotland scheme participant is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 143A is met.
Requirements for an extension of stay as a Fresh Talent: Working in Scotland scheme participant
143D. The requirements to be met by a person seeking an extension of stay as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) meets the requirements of paragraph 143A (i) to (vii); and
(ii) has leave to enter or remain in the United Kingdom as either:
(a) a student in accordance with paragraphs 57?69L of these Rules; or
(b) a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O?135T of these Rules; or
(c) a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A-143F of these Rules; and
(iii) if he has previously been granted leave as either:
(a) a Fresh Talent: Working in Scotland scheme participant in accordance with paragraphs 143A-143F of these Rules; and/or
(b) a Science and Engineering Graduates Scheme or International Graduates Scheme participant in accordance with paragraphs 135O-135T of these Rules is not seeking leave to remain under this paragraph which, when amalgamated with any previous periods of leave granted in either of these two categories, would total more than 24 months.
Extension of stay as a Fresh Talent: Working in Scotland scheme participant
143E. An extension of stay as a Fresh Talent: Working in Scotland scheme participant may be granted for a period not exceeding 24 months if the Secretary of State is satisfied that each of the requirements of paragraph 143D is met.
Refusal of an extension of stay as a Fresh Talent: Working in Scotland scheme participant
143F. An extension of stay as a Fresh Talent: Working in Scotland scheme participant is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 143D is met.
Persons intending to establish themselves in business
Requirements for leave to enter the United Kingdom as a person intending to establish himself in business
200. For the purpose of paragraphs 201-210 a business means an enterprise as:
- a sole trader; or
- a partnership; or
- a company registered in the United Kingdom.
201. The requirements to be met by a person seeking leave to enter the United Kingdom to establish himself in business are:
(i) that he satisfies the requirements of either paragraph 202 or paragraph 203; and
(ii) that he has not less than £200,000 of his own money under his control and disposable in the United Kingdom which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the United Kingdom; and
(iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(iv) that he will be actively involved full time in trading or providing services on his own account or in partnership, or in the promotion and management of the company as a director; and
(v) that his level of financial investment will be proportional to his interest in the business; and
(vi) that he will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
(vii) that he will be able to bear his share of liabilities; and
(viii) that there is a genuine need for his investment and services in the United Kingdom; and
(ix) that his share of the profits of the business will be sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(x) that he does not intend to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business; and
(xi) that he holds a valid United Kingdom entry clearance for entry in this capacity.
202. Where a person intends to take over or join as a partner or director an existing business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201, to produce:
(i) a written statement of the terms on which he is to take over or join the business; and
(ii) audited accounts for the business for previous years; and
(iii) evidence that his services and investment will result in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs.
203. Where a person intends to establish a new business in the United Kingdom he will need, in addition to meeting the requirements at paragraph 201 above, to produce evidence:
(i) that he will be bringing into the country sufficient funds of his own to establish a business; and
(ii) that the business will create full time paid employment for at least 2 persons already settled in the United Kingdom.
Leave to enter the United Kingdom as a person seeking to establish himself in business
204. A person seeking leave to enter the United Kingdom to establish himself in business may be admitted for a period not exceeding 2 years with a condition restricting his freedom to take employment provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter the United Kingdom as a person seeking to establish himself in business
205. Leave to enter the United Kingdom as a person seeking to establish himself in business is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay in order to remain in business
206. The requirements for an extension of stay in order to remain in business in the United Kingdom are that the applicant can show:
(i) that he entered the United Kingdom with a valid United Kingdom entry clearance as a
businessman; and
(ii) audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the United Kingdom; and
(iii) that he is actively involved on a full time basis in trading or providing services on his own account or in partnership or in the promotion and management of the company as a director; and
(iv) that his level of financial investment is proportional to his interest in the business; and
(v) that he has either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and
(vi) that he is able to bear his share of any liability the business may incur; and
(vii) that there is a genuine need for his investment and services in the United Kingdom; and
(viii) (a) that where he has established a new business, new full time paid employment has been created in the business for at least 2 persons settled in the United Kingdom; or
(b) that where he has taken over or joined an existing business, his services and investment have resulted in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs; and
(ix) that his share of the profits of the business is sufficient to maintain and accommodate him and any dependants without recourse to employment (other than his work for the business) or to public funds; and
(x) that he does not and will not have to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business.
206A. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a person who has leave to enter or remain for work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 133 of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i)-(x).
206B. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in
accordance with paragraphs 135A to 135F of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i)-(x).
206C. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduates Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i)-(x).
206D. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for an innovator are that the applicant:
(i) entered the United Kingdom or was given leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
(ii) meets each of the requirements of paragraph 201 (i)-(x).
206E. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets each of the requirements of paragraph 201 (i)-(x).
206F. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a working holidaymaker are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a working holidaymaker in
accordance with paragraphs 95 to 100 of these Rules; and
(ii) has spent more than 12 months in total in the UK in this capacity; and
(iii) meets each of the requirements of paragraph 201 (i)-(x).
206G. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom in the case of a person who has leave to enter or remain as a Fresh Talent: Working in Scotland scheme participant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Fresh Talent: Working in
Scotland scheme participant in accordance with paragraphs 143A to 143F of these Rules; and
(ii) has the written consent of his official sponsor to such employment if the studies which led to him being granted leave under the Fresh Talent: Working in Scotland scheme in accordance with paragraphs 143A to 143F of these Rules, or any studies he has subsequently undertaken, were sponsored by a government or international scholarship agency; and
(iii) meets each of the requirements of paragraph 201 (i)-(x).
206H. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a Postgraduate Doctor or Dentist are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Postgraduate Doctor or Dentist in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to such self employment if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets each of the requirements of paragraph 201(i)-(x).
206I. The requirements for an extension of stay as a person intending to establish himself in business in the United Kingdom for a Tier 1 (General) Migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a Tier 1 (General) Migrant; and
(ii) meets each of the requirements of paragraph 201(i)-(x).
Extension of stay in order to remain in business
207. An extension of stay in order to remain in business with a condition restricting his freedom to take employment may be granted for a period not exceeding 3 years at a time provided the Secretary of State is satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D, 206E, 206F, 206G, 206H or 206I is met.
Refusal of extension of stay in order to remain in business
208.An extension of stay in order to remain in business is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 206, 206A, 206B, 206C, 206D,206E, 206F, 206G, 206H or 206I is met.
Innovators
Requirements for leave to enter the United Kingdom as an innovator
210A. The requirements to be met by a person seeking leave to enter as an innovator are that the applicant:
(i) is approved by the Home Office as a person who meets the criteria specified by the Secretary of State for entry under the innovator scheme at the time that approval is sought under that scheme;
(ii) intends to set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
(iii) intends to maintain a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay as an innovator; and
(iv) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds or to other employment; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as an innovator
210B. A person seeking leave to enter the United Kingdom as an innovator may be admitted for a period not exceeding 2 years, provided the Immigration Officer is satisfied that each of the requirements of paragraph 210A is met.
Refusal of leave to enter as an innovator
210C. Leave to enter as an innovator is to be refused if the Immigration Officer is not satisfied that each of the requirements of paragraph 210A are met.
Requirements for an extension of stay as an innovator
210D. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who was granted leave to enter under paragraph 210A, are that the applicant:
(i) has established a viable trading business, by reference to the audited accounts and trading records of that business; and
(ii) continues to meet the requirements of paragraph 210A (i) and (iv); and has set up a business that will create full-time paid employment for at least 2 persons already settled in the UK; and
(iii) has maintained a minimum five per cent shareholding of the equity capital in that business, once it has been set up, throughout the period of his stay.
210DA. The requirements for an extension of stay in the United Kingdom as an innovator, in the case of a person who has leave for the purpose of work permit employment are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a work permit holder in accordance with paragraphs 128 to 132 of these Rules; and
(ii) meets the requirements of paragraph 210A (i)-(iv).
210DB. The requirements for an extension of stay in the United Kingdom as an innovator in the case of a person who has leave as a student are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a student in accordance with paragraphs 57 to 62 of these Rules; and
(ii) has obtained a degree qualification on a recognised degree course at either a United Kingdom publicly funded further or higher education institution or a bona fide United Kingdom private education institution which maintains satisfactory records of enrolment and attendance; and
(iii) has the written consent of his official sponsor to remain under the Innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iv) meets the requirements of paragraph 210(i)-(iv).
210DC. The requirements to be met for an extension of stay as an innovator, for a person who has leave as a working holidaymaker are that the applicant:
(i) entered the United Kingdom as a working holidaymaker in accordance with paragraphs 95 to 96 of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv).
210DD. The requirements to be met for an extension of stay as an innovator, for a postgraduate doctor, postgraduate dentist or trainee general practitioner are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a postgraduate doctor, postgraduate dentist or trainee general practitioner in accordance with paragraphs 70 to 75 of these Rules; and
(ii) has the written consent of his official sponsor to remain under the innovator category if he is a member of a government or international scholarship agency sponsorship and that sponsorship is either ongoing or has recently come to an end at the time of the requested extension; and
(iii) meets the requirements of paragraph 210(i)-(iv).
210DE. The requirements to be met for an extension of stay as an innovator, for a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a participant in the Science and Engineering Graduate Scheme or International Graduates Scheme in accordance with paragraphs 135O to 135T of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv).
210DF. The requirements to be met for an extension of stay as an innovator, for a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was given leave to remain as a highly skilled migrant in
accordance with paragraphs 135A to 135E of these Rules; and
(ii) meets the requirements of paragraph 210A(i)-(iv)
Requirements for leave to enter the United Kingdom as an investor
224. The requirements to be met by a person seeking leave to enter the United Kingdom as an investor are that he:
(i) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
(b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
(ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
(ii) intends to invest not less than £750,000 of his capital in the United Kingdom by way of United Kingdom Government bonds, share capital or loan capital in active and trading United Kingdom registered companies (other than those principally engaged in property investment and excluding investment by the applicant by way of deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits); and
(iii) intends to make the United Kingdom his main home; and
(iv) is able to maintain and accommodate himself and any dependants without taking employment (other than self employment or business) or recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as an investor
225. A person seeking leave to enter the United Kingdom as an investor may be admitted for a period not exceeding 2 years with a restriction on his right to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as an investor
226. Leave to enter as an investor is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as an investor
Extension of stay as an investor
227. The requirements for an extension of stay as an investor are that the applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as an investor; and
(ii) (a) has money of his own under his control in the United Kingdom amounting to no less than £1 million; or
(b) (i) owns personal assets which, taking into account any liabilities to which he is subject, have a value exceeding £2 million; and
(ii) has money under his control in the United Kingdom amounting to no less than £1 million, which may include money loaned to him provided that it was loaned by a financial institution regulated by the Financial Services Authority; and
(iii) has invested not less than £750,000 of his capital in the United Kingdom on the terms set out in paragraph 224 (ii) above and intends to maintain that investment on the terms set out in paragraph 224 (ii); and
(iv) has made the United Kingdom his main home; and
(v) is able to maintain and accommodate himself and any dependants without taking employment (other than his self employment or business) or recourse to public funds.
227A. The requirements to be met for an extension of stay as an investor, for a person who has leave to enter or remain in the United Kingdom as a work permit holder are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a work permit holder in
accordance with paragraphs 128 to 133 of these Rules; and
(ii) meets the requirements of paragraph 224 (i)-(iv).
227B. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as a highly skilled migrant are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a highly skilled migrant in accordance with paragraphs 135A to 135F of these Rules; and
(ii) meets the requirements of paragraph 224 (i)-(iv).
227C. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom to establish themselves or remain in business are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a person intending to establish themselves or remain in business in accordance with paragraphs 201 to 208 of these Rules; and
(ii) meets the requirements of paragraph 224 (i)-(iv).
227D. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as an innovator are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as an innovator in accordance with paragraphs 210A to 210F of these Rules; and
(ii) meets the requirements of paragraph 224 (i)-(iv).
227E. The requirements to be met for an extension of stay as an investor, for a person in the United Kingdom as a Tier 1 (General) Migrant are that the applicant:
(i) entered the United Kingdom or was granted leave to remain as a Tier 1 (General) Migrant; and
(ii) meets the requirements of paragraph 224(i)-(iv).
228. An extension of stay as an investor, with a restriction on the taking of employment, may be granted for a period not exceeding 3 years at a time of 3 years, provided the Secretary of State is satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C, 227D or 227E is met.
Refusal of extension of stay as an investor
229.An extension of stay as an investor is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 227, 227A, 227B, 227C, 227D or 227E is met.
Writers, composers and artists
Requirements for leave to enter the United Kingdom as a writer, composer or artist
232. The requirements to be met by a person seeking leave to enter the United Kingdom as a writer, composer or artist are that he:
(i) has established himself outside the United Kingdom as a writer, composer or artist primarily engaged in producing original work which has been published (other than exclusively in newspapers or magazines), performed or exhibited for its literary, musical or artistic merit; and
(ii) does not intend to work except as related to his self employment as a writer, composer or artist; and
(iii) has for the preceding year been able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist; and
(iv) will be able to maintain and accommodate himself and any dependants from his own resources without working except as a writer, composer or artist and without recourse to public funds; and
(v) holds a valid United Kingdom entry clearance for entry in this capacity.
Leave to enter as a writer, composer or artist
233. A person seeking leave to enter the United Kingdom as a writer, composer or artist may be admitted for a period not exceeding 2 years, subject to a condition restricting his freedom to take employment, provided he is able to produce to the Immigration Officer, on arrival, a valid United Kingdom entry clearance for entry in this capacity.
Refusal of leave to enter as a writer, composer or artist
234. Leave to enter as a writer, composer or artist is to be refused if a valid United Kingdom entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival.
Requirements for an extension of stay as a writer, composer or artist
235. The requirements for an extension of stay as a writer, composer or artist are that the
applicant:
(i) entered the United Kingdom with a valid United Kingdom entry clearance as a writer, composer or artist; and
(ii) meets the requirements of paragraph 232 (ii)-(iv).
Extension of stay as a writer, composer or artist
236. An extension of stay as a writer, composer or artist may be granted for a period not exceeding 3 years with a restriction on his freedom to take employment, provided the Secretary of State is satisfied that each of the requirements of paragraph 235 is met.
Refusal of extension of stay as a writer, composer or artist
237. An extension of stay as a writer, composer or artist is to be refused if the Secretary of State is not satisfied that each of the requirements of paragraph 235 is met.
