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OTS Success In ILR Application For UK Investor Visa Client From Trinidad and Tobago

Posted onNovember 7, 2016

Solicitor – Nagesh Jain – Supervising Solicitor and Immigration Law Specialist

Background
Nagesh was instructed by a client from Trinidad and Tobago who entered the UK in 2010 on a Tier 1 (investor) Visa.

The client had invested £1 million in the UK and had successfully applied for an extension on their Investor Visa in 2010. However, due to unforeseen circumstances, he had to leave the country after missing the deadline to apply for Indefinite Leave to Remain whilst in the UK.

Upon returning to Trinidad and Tobago our client applied for Indefinite Leave to Remain. He was refused on the grounds that due to changes to the Immigration Rules on 6^th April 2010, he was not permitted to rely on the £1 million pound investments he had made 12 months before his initial application for a Tier 1 (investor) Visa.

How we helped

After speaking with our client we established that he had made his application for entry clearance to enter the UK on 14^th March 2010, three weeks prior to the rule change. Therefore, the Home Office had made an administrative error and our client should have been granted Indefinite Leave to Remain.

We are currently waiting on a decision from the Home Office as to whether or not Indefinite Leave to Remain will be granted.

Follow-up Support

We will continue to support our client and his family and if naturalisation is his next objective we will advise him that the number of days of absence from the UK is reduced to a maximum of 90 days a year (as opposed to 180 to qualify for Indefinite Leave to Remain).

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