(a) Visitor

At the present time citizens of India do require a visitor's visa to enter and remain in the UK as visitors. Having obtained a visa they will be granted permission on arrival in the UK to remain for up to six months, subject to proof of means and an intention to depart at the end of the period. Visitors are not entitled to establish themselves in business or take employment, but may "transact" business during their visit. The dividing line is not clearly marked.

Visas are normally granted for single entry, but it is sometimes possible to obtain multiple entry visas.

It is not normally possible other than in exceptional circumstances to apply for an extension of stay beyond six months.

(b) Students

Indian citizens may apply for visas to enter and remain in the UK as students, and will normally be granted permission to remain for the period of the course, subject to proof of means and written confirmation that they have been accepted on and paid their fees for the course. If the course is for a period of more than 12 months then initially permission to remain may be limited to a year with the right to apply for an extension. However, in certain cases permission may be granted for the entire period of the course. The course of study has to be full-time, i.e. more than 15 hours organised daytime study per week. It is normally possible to remain in the UK as a student until the course ends, but students HAVE NO RIGHTS TO REMAIN thereafter.

(c) Trainees

UK business or overseas business established in the UK may apply to the Department of Employment for a Trainee or Work Experience Permit to be granted to an Indian citizen. A Trainee Permit gives permission to engage in training here for the period of the training course subject to satisfactory performances. A Work Experience Permit can normally only be obtained for a period of 12 months, although 24 months may be obtained in exceptional circumstances.

Trainees must be suitably qualified, receive training that is not available in the home country, follow a recognized and planned course of study and receive a salary similar to that paid to UK trainees.

Those engaged in work experience should be surplus to normal staff requirements and receive only pocket money or maintenance allowances, unless they are paid from India, in which case they may be paid a full salary.

(d) Switching

It is not normally possible for an Indian citizen to switch from one temporary status as set out in this section to another without leaving the UK, and the same principle applies if the individual wishes to switch to a more permanent status as set out in Section 2 of these Guidelines, Furthermore, remaining in the UK in a temporary status never gives rise to a right to settle here. However, anyone who has been legally in the UK for a continuous period of 10 years will normally, as a matter of discretion, be allowed to do so.

2. ENTERING THE UK ON A PERMANENT BASIS

The following are the main ways of obtaining permission to remain on a permanent basis and ultimately settlement in the UK. There are other options which may be available in specific cases, but which are not of general concern. All applications are normally required to be made whilst the applicant is outside the UK. It is only in very unusual circumstances that a successful application can be made to the Home Office at a time when the applicant is in the UK.

(a) Work Permit

UK business or overseas business established in the UK may apply to the Department of Employment for a Work Permit to be granted to an Indian citizen. The application must be made by the business in the UK and as a general rule must show that there is no-one resident in the UK EC or EEA who wishes to apply for the position and who is qualified to fill the vacancy. This is a very hard test and it follows that only individuals designated for senior position or with scarce qualifications have good chance of success.

Inter-group transfers of employees from Indian offices to British offices are much easier to achieve, as many of the formalities such as a resident labour search may be waived by the Department of Employment, and it is also possible to avoid the formalities of advertising where a Board position is being offered with a substantial salary in excess of £50,000 or where a proposed substantial foreign investment in excess of £250,000 will be made in the Company if the Work Permit is granted. Work Permits are granted, depending on the circumstances, for periods of up to four years. The grant of a Work Permit particularly for a fixed term of less than four years does not in any way guarantee settlement under 4, below, and specific advice should be sought if settlement in the UK is required.

On the grant of a Work Permit, an Indian citizen will still need to obtain a visa from the British Embassy or Consulate. This should be relatively easily obtained.

(b) Sole Representative of Overseas Business

An Indian citizen may apply for a visa to enter the UK as the sole representative of an overseas business which has no branch, subsidiary or other representative in the UK.

The application must be made to the British High Commission and may be referred for decision to the Home Office in London. The business has to prove that it has a good business reason for wishing to open a representative office in the UK. Full information about the business activities must be provided and it must also be shown that the individuals cannot hold a majority or controlling shareholding in the Company.

Since this status is designed to encourage inward investment to the UK, it is very hopeful to produce proposals for capital investment and jobs for UK residents.

It cannot, however, normally be used by those who run their own overseas business to get around the Businessman rules set out in (c) below.

(c) Business or Self-Employment

Indian citizens may apply for a visa to enter the UK in order to take or join as a partner an existing business, or to set up in a new business or self-employment. This application must be made from aboard as in (b) above. An applicant must show that he will be occupied full time in the running of his business or self-employment, be investing a minimum of £200,000 of his own money in it and be providing at least two new jobs for UK residents. He must also provide detailed proposals as to how he intends to utilise his investment, and the Home Office must be convinced as to the seriousness of his intent. Where there is an existing business, audited accounts and the terms of the take over or partnership should be produced.

The Home Office in the past relaxed the requirements in the case of certain professions, i.e. foreign lawyers, where such a large capital investment is not required, and in these cases it has only been necessary to put a satisfactory financial package to the Home Office.

(d) Self-Employed Writer, Composer or Artist

This status is the one major exception to the normal financial requirements for self-employment. Indian citizens may apply for a visa to enter the UK as self-employed writers, composers or artists, provided that they can produce evidence that they can maintain themselves and any dependents without taking other work or having recourse to public funds. Evidence required is financial statements and evidence of work/contracts in the UK or abroad which will lead to financial reward. An application must be made from abroad as in (b) above. The applicant must show that he has an established reputation in his field.

Please note that the definitions "writer" "composer" or "artist" are construed quite narrowly, to avoid abuse of this route, and do not normally include musicians or other performers. Journalists who write exclusively for newspaper and magazines are also excluded.

(e) Retired Persons of Independent Means Indian citizens may apply for a visa to enter the United Kingdom as retired persons of independent means. An applicant must produce evidence of the following:-

(1) That he or she is 60 years old.

(2) Evidence of annual unearned income in excess £25,000 p.a. under the applicant's control and disposable in the UK, and sufficient to support the applicant and dependants.

(3) A close connection with the UK, e.g. the presence of close relatives or previous periods of residence in a permanent status.

An application must be made from abroad as in (b) above.

FURTHERMORE this permission involves a strict prohibition on taking employment anywhere in the world until settlement has been obtained (see POST). Some limited business activities in the UK may be allowed.

(f) Investor Category

This is a completely new category brought into the UK Immigration Rules by the changes which came into force on 1st October 1994, and is the major route under which the British Government hopes to attract high net-worth individuals to take up residence in the UK.

For an applicant to obtain leave to enter the UK as an investor he will have to make an application to the nearest British Mission dealing with Immigration matters to where he is living and produce evidence that:-

(i) he has money of his own under his control and disposable in the UK amounting to no less that £1 million;

(ii) he intends to invest not less than £750,000 of his capital in the UK by way of UK Government bonds, or share capital or loan capital in active and trading UK registered companies (other than those principally engaged in property investment). Deposits with banks,

building societies or other deposit-taking institutions are not acceptable as a means of investment.

(iii) he intends to make the UK his main home; and

(iv) he is able to maintain and accommodate himself and any dependents without taking employment (other than self-employment or business) or recourse to public funds.

Provided that the investment of £750,000 is made in the UK in the form set out by the Immigration Rules, the applicant is then entitled with his other resources to engage in any other business activities in the UK he desires, other than taking employment, which is prohibited.

An investor will be admitted to the UK for an initial period of 12 months, and will then be able to apply for a further extension of up to 3 years. An extension should be granted provided that the applicant can show that :-

(i) he has no less than £1 million under his control in the UK;

(ii) the £750,000 has been invested in accordance with the rules and will remain invested in the UK;

(iii) he has made the UK his main home;
This would appear to mean that the applicant is spending a majority of each year in the UK.

(iv) he still has the means to support and accommodate his dependents in the UK.

3. DEPENDENTS

The spouse and children under 18 of applicants under Section 2 are the only dependants entitled to enter as a general rule until the applicant has obtained settlement. For each dependant, a visa is required from British High Commission. Those who do not qualify under the strict rules relating to dependants must obtain permission to enter and remain in their own right.

NB: Other that in the case of 2(e) the spouse of an applicant under Section 2 is free to work in the UK or to engage in business without restriction.

4. SETTLEMENT

All the applications mentioned in 2(b) to (f) above, if successful, will result in the applicant and his dependants being granted permission to enter and remain in the UK for up to 4 years. At the end of 4 years, an application for settlement may be made by all those having permission to remain on a permanent basis under Section 2 and 3, with evidence of activities of financial means (as the case may be). As a general rule, an applicant should seek to spend at least 9 months of each year in the UK to be sure of obtaining permanent residence after 4 years.

If settlement is obtained, all restrictions are removed and the applicant may take employment as he wishes, establish businesses, or indeed retire.

After being settled for one year in the UK, Indian citizens may apply for naturalisation as British citizens, which carries an entitlement to a British passport.

PLEASE NOTE: The right to settlement may be lost if an individual leaves the UK without once returning for a period of two years. NB: The individual has to return to the UK as a returning resident and not simply as a visitor to maintain settlement rights. This test is being increasingly strictly applied.

5. FIANCEES AND MARRIAGES

Indian citizens who wish to enter the UK for the purpose of marriage may apply for a visa to do so, and a visa will normally be granted to them provided that the fiance(e) is settled in the UK, or is a British citizen living in the UK, the marriage is a genuine one, and adequate financial means can be shown. An applicant will be granted entry for three months with a prohibition on employment, and should apply for a one year extension once the marriage has taken place. The prohibition on employment will then be lifted. At the end of that year, provided that the couple are still living together, settlement will be granted.

Indian citizens who are already married to persons settled in the UK may apply for a visa to enter the UK subject to the same conditions as above. They will initially be granted permission to remain here for one year with freedom to take employment and thereafter, if still living together, and financially self-sufficient as a couple, will be allowed to settle. 

6. TIME

Wherever possible applications should be made well in advance of the planned date of arrival in the UK as they may take some time to process. The Employment Department generally process applications for Trainee Permits and Work Permits within 8 weeks and often do so more quickly. Other applications may take longer, particularly if they are referred for decision by the British High Commission to the Home Office in London.