Investor Case

Further Details

Gherson and Co challenge absences from the UK for investors applying for settlement

Gherson and Co issued a challenge in the UK High Court to the Home Office policy on absences from the UK by investors applying for settlement (Indefinite Leave to Remain, ILR). Faced with this challenge, the Home Office announced that investors may spend up to 25% of their time outside the UK during the five years (at the time of the challenge, four years) necessary to qualify for settlement. The maximum length of any single absence is three months. This is a huge improvement on the former position, when only six weeks per year could be spent outside the UK.

Click here for full details of the guidance.

In their High Court challenge, which was on behalf of an investor, Gherson & Co argued that people in a wide range of immigration categories should be able to spend 25% of the qualifying period outside the UK without this affecting their application for permanent residence. On 1 August 2005, The Financial Times newspaper reported that the Home Office had told them that, as a result, "All categories are being considered as part of the revised guidelines, which will be published as soon as possible." This would appear to be the logical consequence of the Home Office concession for investors and of their guidance. Revised guidance is awaited.

Click here for press reports about the case