The Legal Framework
The Legal Framework
The Immigration Rules
Where the investment relied upon in support of an application for leave to remain as a Tier 1 (Entrepreneur) Migrant is in the form of a directors loan, Paragraph 45 of Appendix A to the Immigration Rules provides:
“45. The applicant must provide their business accounts and accompanying evidence of their investment, which must meet the following requirements:
…
(d) if the applicant has made the investment in the form of a director’s loan:
…
(iii) the applicant must provide a legal agreement, between the applicant (in the name that appears on their application) and the business, showing:
(1) the terms of the loan,
(2) any interest that is payable,
(3) the period of the loan, and
(4) that the loan is unsecured and subordinated to other creditors’ loans to the business;”
- Heading
- The requirement in paragraph 45(d)(iii) of Appendix A to the immigration rules for specified evidence of investment in the form of a director’s loan, imposes a requirement that the loan agreement itse
- Background
- The Grounds for Review
- The Legal Framework
- The Respondent’s Guidance
- The Authorities
- The Director’s Loan Agreement
- Conclusions
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