The Financial Requirements
“Have under his or her control (and disposable in the UK) an income of not less than £25, 000 per annum”
For the UK Retirement Visa the definition of “control” by 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 when it comes to the UK retirement visa.. 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 when you are applying for the UK Retirement Visa. By exchange controls as referred to for the UK retirement visa, as an example could refer to the South African ‘block rands’ situation. 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).
Admission Requirements for the UK Retirement Visa
To 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 Close Connection Requirement
”Be able to demonstrate 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
Siam International Legal Group will prepare your entry clearance application, which will be submitted at the British Embassy in Bangkok and you would normally be required to attend an interview. You will thus obtain entry clearance if your application is successful.
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.
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