I am interested in the UK investor visa program for my family because we would like our children to have access to British education and the National Health System. I operate a multinational corporation and have to travel frequently throughout the course of the year. How many days could I be out of the country and still maintain residency? What options might be available if my travel would exceed the residency requirements?
Answers
There is no specific number of days that you must spend in the UK in order to maintain your Tier 1 Investor or Dependant visa. However, there is a residency requirement if you wish to qualify for Indefinite Leave to Remain (ILR). From 11 January 2018 the residency requirement for ILR applies to the main Tier 1 migrant and to their Dependant spouse, neither of whom can be outside the UK for more than 180 days in any 12 month period during that 5-year residency period for ILR. There are only very limited circumstances in which an ILR application would be approved if someone has exceeded the 180-day residence requirement.
The residency requirement for the UK investor is to spend at least 180 days (6 months) in the UK in any given year. If your travels exceed the residency requirements, you will not be able to get Indefinite Leave to Remain (Permanent residency) although you may renew your limited leave to remain. Ordinarily, if you meet the residency requirements you can apply to settle after 2 years if you invest 10 million pounds or after 3 years if you invest 5 million pounds.
Once you are eligible and apply for Indefinite Leave to Remain, you will need to show that you (and any family members) were not absent from the UK for more than 180 days in any 12 months during the “qualifying period”. If your absences exceed the prescribed amount, we will need to assess the reason for those absences to see if the discretion can be exercised. In the alternative, you may need to extend until your absences fall in line with the requirements.
The residency requirement for indefinite leave to remain in the five years is 90 days per year. In total 450 days are allowed otherwise you do not qualify for indefinite leave to remain or British nationality.
You could not be out of the UK for more than 180 days in any 12-month period, during the duration of your 5 years in the UK under the Investor visa. You would therefore need to remain in the UK for at least 185 days in any one-year period. If your absences exceed 180 days (in any 12 months) then you would not be eligible for indefinite leave to remain (also known as ILR, or “settlement”). If this is the case, you would need to apply for a further extension of leave to remain.
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