General requirements for settlement in work, business and investment categories

Produced in partnership with Gary McIndoe of Latitude Law

Practice notes

General requirements for settlement in work, business and investment categories

Produced in partnership with Gary McIndoe of Latitude Law

Practice notes

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This Practice Note examines the key common requirements for settlement applications in relevant work, business and investment (hereafter ‘economic’) categories in the Immigration Rules. All routes which have been ‘simplified’ for the post-Brexit Immigration system now refer to indefinite leave to remain (ILR) as settlement. Bear in mind that some economic routes do not lead to settlement: notably the Senior or Specialist Worker, Graduate and High Potential Individual routes, as well as the Temporary Worker routes.

These general requirements may be summarised as:

•
absences and continuity of lawful residence
•
knowledge of English Language, and
•
knowledge of life in the UK

For the implications of previous criminal conduct/convictions on applications for settlement, see Practice Note: Previous conduct.

Save for certain historical differences which are detailed below, these requirements apply equally to partner dependants as to main applicants. Child dependants are, in common with all other immigration routes, not subject to residence requirements at the settlement stage (except, possibly, under Appendix Hong Kong BN(O)—see below), although those

Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).

Jurisdiction(s):

United Kingdom

Key definition:

General requirements definition

What does General requirements mean?

Another name for project overhead costs, ie those costs incurred during the project which are not directly linked to construction activity (for example, the rental of the contractor's buildings and general support and supervisory staff costs).

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