Chapter 19 - Retired persons of independent means

19.1	Definition
19.2	Requirements for entry clearance
19.3	Control and disposal of funds
19.4	How income is defined
19.5	Maintenance and accommodation
19.6	Not engaging in employment
19.7	Close connection with the United Kingdom
19.8	Main home in the United Kingdom
19.9	Discretion in exceptional cases
19.10	Spouses/civil partners and dependent children
19.11	Entry clearance endorsements

Chapter 19 – Retired persons of independent means
(Rules Paragraphs 263 - 270)

19.1 - Definition
In this provision of the Rules, persons who are retired and have sufficient income may qualify to enter and establish themselves in the UK. They may not engage in employment in the UK.

19.2 - Requirements for entry clearance

Prior entry clearance is mandatory

Entry clearance as a retired person of independent means may be granted if you are satisfied that the applicant:

• is at least 60 years old;
• has a minimum annual income of at least £25,000 under his/her control and disposable in the UK;
• is able and willing to maintain and accommodate himself/herself and any dependants indefinitely in the UK from his/her own resources without taking employment, seeking assistance from other persons, or having recourse to public funds;
• can demonstrate a close connection with the UK;
• intends to make his/her main home in the UK.

19.3 - Control and disposal of funds
The applicant must be able to transfer and dispose of the money freely and no other person should have a controlling interest in it. Income belonging to the spouse/civil partner of the applicant, or jointly to the applicant and spouse/civil partner, may be judged to be under the applicant’s own control provided the applicant and spouse/civil partner are accepted for entry at the same time.

"Disposal in the United Kingdom" means that all the income (and any capital providing income) required to qualify must be freely transferable to the UK and convertible to sterling. Many countries have strict currency control. If you have any doubt about the applicant’s ability to transfer the money to the UK, you should ask for specific evidence of this (e.g. a letter from the bank or authorities concerned).

19.4 - How income is defined
Applicants must show that they can generate an annual income of £25,000. But where applicants hold assets rather than readily disposed funds, they may be reluctant to realise these assets until they know the application has been successful. In such cases ECOs should examine whether sufficient income would be derived from any existing assets such as real estate or stocks and shares.

Income must be net of any tax levied by overseas authorities i.e. the applicant should have an income of at least £25,000 a year available to him or her in the UK.

19.5 - Maintenance and accommodation
The maintenance and accommodation requirements apply to an applicant, and any dependants, for an indefinite period. You should be satisfied, therefore, that the arrangements which have been made, or are proposed, are not only adequate but can reasonably be expected to last for the foreseeable future.

19.6 - Not engaging in employment
"Without taking employment" means that the applicant must fulfil all the requirements of this provision of the Rules without working either in the UK or overseas.

You should refuse applications from persons who seek to establish themselves (and possibly dependants) in the UK while continuing to work overseas. Similarly, applicants who intend to (continue to) run a business overseas should be refused. You should, however, make a clear distinction between engaging in business abroad and making trips to oversee business investments. The latter does not count as employment and, therefore, does not bar a person from qualifying under this category.

19.7 - Close connection with the United Kingdom
Having close relatives such as parents, children, brothers or sisters settled in the UK satisfies this requirement. More distant relatives are only acceptable if they have recently been an established part of the applicant’s household or if they are the closest surviving relatives of the applicant. Where you see evidence of emotional closeness, you should give this more weight than the question of actual relationship.

Close connections would include long standing possession of property in the UK or long periods of Crown employment on behalf of the UK Government (Dependent Territory service can be considered a contributory factor only - see below).

You may consider periods of previous residence and lengthy periods of study in the UK as contributory factors provided there is other evidence of a close connection. Short periods spent in the UK as visitors are not normally considered significant unless they were/are very frequent.

Where no one factor provides the necessary close connection with the UK, you should look at all the evidence put forward by the applicant and decide if, when taken together, the requirement has been met.

British nationality (as opposed to British citizenship which carries the right of abode) does not necessarily satisfy the ‘close connection’ requirement.

19.8 - Main home in the United Kingdom
The applicant must not retain a home outside the UK as the main residence and only spend short periods of time in the UK. Applicants should confirm their intention either orally or in writing.

19.9 - Discretion in exceptional cases
In very exceptional cases you may judge that while the applicant does not fully qualify, the application meets the spirit of the Rules (e.g. where an applicant has not reached the age of 60 but clearly intends to retire, or has already done so). You should refer such cases for a decision to the Business Case Unit at the address below. See Chapter 25 for guidance on Referrals.

Business Case Unit
WORK Permits (UK)
PO Box 3468
Sheffield
S3 8WA

Tel: 0114 274 3045
Fax: 0114 274 3291

Email: bcu@ind.homeoffice.gsi.gov.uk

www.workingintheuk.gov.uk

19.10 – Spouses/civil partners and dependent children
Rules Paragraphs 271 - 276
The spouse/civil partner of a person qualifying as a retired person of independent means need not be 60 years of age or over. As with the main applicant, spouses/civil partners and dependent children are prohibited from working.

Prior entry clearance is mandatory

For a person to qualify for admission as the spouse / civil partner of a retired person of independent means, you must be satisfied that:

• he/she is married/entered into a civil partnership to a person who has been granted entry clearance as a retired person of independent means (the main applicant);
• each of the parties intends living together during the main applicant’s stay and the marriage / civil partnership subsists;
• there will be adequate accommodation for the parties (and any dependants) without recourse to public funds in accommodation which they own or occupy exclusively;
• the parties will be able to maintain themselves (and any dependants) adequately without recourse to public funds;
• he/she does not intend to stay in the UK beyond any period of leave granted to the main applicant.

For a person to qualify for admission as the child of a retired person of independent means, you must be satisfied that:

• he/she is the child of a retired person of independent means (the main applicant);
• he/she is under 18 years;
• he/she is unmarried, has not formed an independent family unit and is not leading an independent life;
• he/she can and will be maintained and accommodated adequately without recourse to public funds in accommodation which is owned or occupied exclusively by his/her parents;
• he/she will not stay in the UK beyond the leave granted to his/her parent(s);
• both parents are being issued with entry clearance, except where:

	-	the child is joining/accompanying the sole surviving parent; or
	-	the parent has sole responsibility for his/her upbringing; or
	-	there are serious and compelling family or other considerations which make exclusion from the UK undesirable and suitable arrangements have been made for his/her care.

Unmarried or same-sex partners
(Rules Paragraphs 295J)

There is also a provision for unmarried or same-sex partners to enter the UK as dependant persons with limited leave to enter or remain in the UK under Paragraphs 128-193 , Paragraphs 200-239 , or Paragraphs 263-270 . The requirements to be met are:

1. the applicant is the unmarried or same-sex partner of a person who has limited leave to enter or remain in the United Kingdom under Paragraphs 128-193 , Paragraphs 200-239 or Paragraphs 263-270 ; and
2. any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and
3. the parties are not involved in a consanguineous relationship with one another; and
4. the parties have been living together in a relationship akin to marriage or civil partnership which has subsisted for 2 years or more; and
5. each of the parties intends to live with the other as his/her partner during the applicant's stay; and
6. there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively; and
7. the parties will be able to maintain themselves and any dependants adequately without recourse to public funds; and
8. the applicant does not intend to stay in the United Kingdom beyond any period of leave granted to his/her partner; and
9. if seeking leave to enter, the applicant holds a valid United Kingdom entry clearance for entry in this capacity or, if seeking leave to remain, was admitted with a valid United Kingdom entry clearance for entry in this capacity.

As with the main applicant, unmarried/same-sex partners are prohibited from working.

19.11 - Entry clearance endorsements
Applicants in this category should be given entry clearance endorsed ‘INDEPENDENT MEANS’. Dependants’ passports should be endorsed ‘TO JOIN/ACCOMPANY HUSBAND/WIFE/PARENT’. LTE 5 years Code 3 in line with principal applicant.

For civil partners endorsements please refer to guidance from

UK Border Agency, Visa Services Directorate, Operational Policy & Change Management Section.