RETIRING TO THE UK AS A RETIRED PERSON OF INDEPENDENT MEANSIt is possible for foreign nationals of independent means to retire to the UK.
ADMISSION REQUIREMENTSTo enter the UK under this immigration category, the following requirements must be met:
- the applicant must be at least 60 years old; and
- have under his or her control (and disposable in the UK) an income of not less than £25, 000 per annum,
- be able to demonstrate a close connection with the UK,
- be able and willing to maintain and accommodate themselves (and any dependants) indefinitely without taking employment, and
- intend to make the UK their main home.
There are three points in particular which are of particular importance: the financial requirement; the close connection requirement; and the ability and willingness to maintain oneself indefinitely without working. These are discussed in more detail below.
THE FINANCIAL REQUIREMENT
"Have under his or her control (and disposable in the UK) an income of not less than £25, 000 per annum"
By "control" the authorities must be satisfied that the funds are not, for example, dependant on a third party who can stop payment should he or she so wish. Therefore, having a regular supply of money is only sufficient if you have a legal right to enforce continued payment against anyone who might wish to interfere with it.
The income can be derived from an overseas pension, trust fund, rents on property or any other legally enforceable agreement.
The reference to the funds being disposable in the UK is often misunderstood. The funds do not have to be physically located in the UK but merely able to be brought to this country freely as required. If the funds are located abroad there must be no exchange control regulations preventing transfer to the UK when necessary.
Although the capital need not be in the UK at the time of application, presence of such funds in the UK prior to application may form part of the required close connection with the UK. (See below).
THE
CLOSE CONNECTION REQUIREMENT
"Be able to demonstrate a close connection with the UK."
In practice the presence of close relatives and/or previous periods of residence usually show a close connection with the UK.
The close relative should ideally be present and settled in the UK. It is not particularly useful that they have the potential right to come here or that they are merely in the UK in a temporary capacity. Furthermore, the closeness of the relationship is relevant; i.e. an immediate relative is of more value than a more distant relative.
Other relevant considerations may include a strong sense of belonging and identity with the UK; voluntary election of an applicant to be in the UK whenever possible; ownership of property in the UK; community involvement during previous periods of residence; and close friendships with persons settled in this country.
Whether there is a close connection is a question of fact to be judged on the totality of evidence in any particular case.
THE
REQUIREMENT NOT TO WORK
"Be able and willing to maintain and accommodate themselves
(and any dependants) indefinitely without taking employment."
The reference to not working has been held by the Immigration Appeal Tribunal (in a much criticised decision) to mean that the applicant should not work in the UK or abroad.
- It is generally accepted that a person is not working if they:
- manage their capital assets with a view to safeguarding them
- make investments
- receive rent for property they have purchased.
Home Office policy has been clarified to DJ Webb & Co. in that the authorities "may be flexible if an applicant wishes to make short trips abroad to oversee his or her business investments provided that it does not amount to work".
PROFESSIONAL
ADVICE & ASSISTANCE
The process of retiring to the UK is one that must be undertaken with
great care. It is necessary to be fully briefed on the current Home Office
policy and to carefully arrange one’s affairs prior to application.
We strongly recommend that any person considering applying to retire to the UK should take professional advice from a specialist immigration solicitor.
DJ Webb & Co. have substantial experience in assisting clients of retirement age and helping them to structure their affairs so to comply with all UK guidelines. We assist in the preparation of applications and the required supporting documentation and are also able to advise regarding matters of taxation.
Contact our retirement specialists David Webb or Ben Sheldrick at
Tel +44 171 253 2400 (Please inform the operator that you are a new investment client)
Fax +44 171 253 2800
E-mail retire@webbimmigration.com