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Immigration Advice

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This page explains how retired people who came to the United Kingdom through the retired people of independent means route can extend their leave.

The Home Office have made changes to this category and since 27 November 2008 the immigration rules were amended removing the provision for applications to enter the retired persons of independent means route. Whilst it is no longer possible to enter through this route, it remains possible if you are already in the United Kingdom with leave as a retired person of independent means, to extend your leave up to the maximum period of five years under this category, or apply for permanent residence (also known as indefinite leave to remain).

To be able to extend your leave, you must:

  • currently have leave as a retired person of independent means route;
  • have a minimum disposable income of £25,000 a year under your control in the United Kingdom (we explain what this means below);
  • be willing and able to maintain yourself and any dependants indefinitely in the United Kingdom entirely from your own resources and without working or any help from public funds; and
  • demonstrate a close connection with the United Kingdom (we explain what this means below).
  • not have already spent five years in the United Kingdom in this capacity or where a grant of leave will mean that you would have spent a period in excess of five years in the United Kingdom in this capacity.

What is meant by income?

This must be actual income. It is not enough to show a capital sum of several hundred thousand pounds and say it will produce £25,000 a year in interest. You must:

  • be able to bring into the United Kingdom not less than £25,000, net of any overseas tax;
  • be able to use the money freely and nobody else should have a controlling interest in it; and
  • be able to freely transfer all the income to the United Kingdom and convert it to sterling. If we have any doubt about your ability to transfer the money to the United Kingdom, we may ask for evidence of this, such as a letter from the bank or authorities concerned.

Income that belongs to your husband, wife or civil partner, or to both of you jointly, may be counted as under your own control, as long as both of you is applying to come to this country at the same time.

Do my dependants have to be over 60 years of age as well?

They do not have to be over 60 years of age, but they must not work in the United Kingdom.

Can I work?

You must not be employed in any capacity or take an active interest in the running of any business in the United Kingdom or any other country. You can do a limited amount of voluntary charity work, provided it is unpaid and part-time.

What is a close connection with the United Kingdom?

The two main, usual connections are:

  • close relatives already settled here, such as parents, children, brothers or sisters; or
  • long periods of previous residence here that are relatively recent.

Extra factors that may be taken into account as part of a close connection (although they do not show a close connection on their own) are:

  • longstanding ownership of substantial property in the United Kingdom;
  • long periods of employment by the Government of the United Kingdom or a British overseas territory;
  • employment with a United Kingdom company involving frequent business trips to this country;
  • past service to the United Kingdom resulting in the establishment of close contacts with this country; or
  • letters of support from eminent British citizens.

British status that is not full British citizenship (such as British subject status, British overseas citizenship, British overseas territories citizenship, or British protected person status) is not considered a close connection with the United Kingdom.

Can I retain my home abroad?

You can retain your home abroad, but your main home must be in the United Kingdom . You must not retain a home outside the United Kingdom as the main residence and only spend short periods of time in the United Kingdom. You should confirm your intention either orally or in writing. Further checks may subsequently be made should you spend significant periods of time abroad having entered the United Kingdom as a retired person of independent means.

How long will I be allowed to stay in the United Kingdom?

Permission to enter or stay in the United Kingdom is normally granted for five years. After that time you may be able to apply for permission to stay permanently (we call this 'indefinite leave to remain or settlement'). In addition to having completed the five years as a retired person of independent means, applicants must have met the requirements throughout the whole of this period.

 
 
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