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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
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 itself sets out the four factors identified in the rule, including the requirement that the loan is unsecured and subordinated to other creditors’ loans to the business.
Judge Mandalia
This claim concerns a requirement in Appendix A of the Immigration Rules relating to applications for leave to remain as a Tier 1 (Entrepreneur) Migrant to score 75 points for attributes. The Entrepreneur route requires applicants to make a qualifying investment into their business. There is a requirement for specified evidence of investment, and where the investment is in the form of a director’s loan, the applicant is required to provide a legal agreement between the applicant and the business showing, inter alia, that the loan is unsecured and subordinated to other creditors’ loans to the business. It is that requirement that lies at the heart of this claim.
- 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