Q&As

On an application for indefinite leave to remain for a Tier 1 Investor, is supporting evidence for absences required or is a schedule of absences sufficient? Also, if an investor did not provide original source of funds as the investments were made in the 12 months prior to the initial application date, must they provide evidence of original source of funds?

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Produced in partnership with Alex Piletska of Turpin Miller
Published on: 16 December 2021
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Documenting absences

Although applicants are required to disclose all of their absences over the required period for the purposes of calculating whether the continuous residence requirement is met (see Immigration Rules, Part 6A, para 245AAA(a)(i)), there is no requirement within the rules to evidence the absences beyond submitting passports that cover the relevant period.

It is thus sufficient to provide a schedule of absences and the applicant’s passports covering the qualifying period. This is true even if the passports do not fully evidence the total

Alex Piletska
Alex Piletska

Solicitor, Turpin Miller

Alex is a solicitor at Turpin & Miller, an Oxford-based specialist immigration firm where she has worked since 2017. She undertakes a wide range of immigration work, including family migration, Points Based System applications, appeals and Judicial Review. 

Alex studied English at the University of Cambridge and Cognitive Psychology at the Open University, before completing an MSc in Experimental Psychology at the University of Sussex in 2014. 

She completed her GDL at the University of Sussex in 2016, and her LPC at the University of Law in 2020, achieving a Distinction. She is currently working towards an LLM.

Alex is a regular contributor to Free Movement, a widely-read immigration and asylum blog. 

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Jurisdiction(s):
United Kingdom
Key definition:
Indefinite leave to remain definition
What does Indefinite leave to remain mean?

Leave under the Immigration Act 1971 (IA 1971) to enter or remain in the United Kingdom which is not limited as to duration: see IA 1971, s 33(1).

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