R (Wang) v Secretary of State for the Home Department

Subject Matter

IMMIGRATION — Investor migrant — Leave to remain — Claimant investor migrant seeking further leave to remain under points system relying on financial investment — Claimant paying parent company to participate in scheme to fulfil requirements — Scheme requiring claimant to enter loan agreement with subsidiary company to secure funds — Funds paid directly as investment in a specific linked company by way of convertible loan — Secretary of State refusing application because claimant not having complete control of money at point of investment and investment not qualifying under rules — Upper Tribunal dismissing claim for judicial review — Meaning of “control” — Whether investment excluded from qualifying categories — Immigration Rules 1994, para 245ED(e), Appendix A, para 65(b), Table 8B

[2021] EWCA Civ 679; [2021] 4 WLR 70; [2021] WLR(D) 271, CA

IMMIGRATION — Immigration rules — Construction — Claimant applying for leave to remain as Tier 1 (Investor) Migrant — Secretary of State refusing application on basis claimant not having at least £1m under her “control” — Proper approach to interpretation of Immigration Rules — Whether claimant having money under her “control” if obliged to invest it in particular company — Immigration Rules, para 245ED(e), Appendix A, Table 8B

[2023] UKSC 21; [2023] 1 WLR 2125; [2023] 4 All ER 175, SC(E)

Appellate History

Commentary

Free Movement
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