One can seek entry clearance or apply for variation of leave to remain while remaining in the UK on certain immigration categories. Investor is one of these immigration categories but the applicant needs to satisfy the Home office or the relevant British Diplomatic post that he fulfils all the requirements of Investor as detailed in the immigration rules.

2. Conditions to fulfil in order to apply for an Investor Visa

The person who intends to enter or remain in the UK, as an Investor visa needs to take note of the following points in order to qualify for this immigration category.

• The applicant needs to invest at least £1 million in the manner provided in the immigration rules. The money must be under his control and he must intend to invest in the UK; or
• The applicant must have at least personal assets of value exceeding of £2 million and has at least £1 million to invest in the UK which could be loan lent by a Financial institution which must be regulated by FSA.
• The applicant must intend to invest not less than £750,000 in the UK by in one of the following manners:

• - Purchase of UK Govt. Bonds
• - Share capital or loan capital in active and trading UK registered companies.

• The applicant can therefore invest in a regulated collective scheme such as a unit trust as long as £750,000 is invested in the companies that meet the requirements of the investor rules.
• The applicant cannot invest in the UK companies that are primarily involved in property investment or in Banks or building societies or in offshore companies. However the money can be invested in wholly owned subsidiaries of the off shore companies although the investment must be made in the form of loan capital.
• However, the applicant can keep the rest of £250,000 in the Bank once he has invested £750,000 in the ways described above.
• Money held in joint names of the spouses can be accepted as proof of money under control if both of them apply for entry clearance or leave to remain.
• The applicant must make the UK his main home.
• The applicant must maintain and accommodate himself and his dependants without recourse to public funds or any employment.

3. What Documents to Submit?

The entry clearance or leave to remain application for this type of immigration category needs to be submitted along with some or all of the following documents:

• Bank statements showing the balance of the required amount of money.
• Letter from the Bank to corroborate the bank statements.
• Any tax documents that relates to the money.
• Proof of the source of income.
• Business plan for the new venture
• Documentary evidence of any work experience and / qualifications of the applicant which is relevant to the business. (If relevant)

This is not an exhaustive list and the British Diplomatic post or the Home Office may need to ask for further information / documentary evidence. However, in addition to the above documents the applicant needs to provide the following:

• Original Passport of the main applicant and those of dependants, if any.
• Two Pictures of the main applicant and the dependants, if any.
• Fees for the application
• Proof of the relation of the dependants with the main applicant.
• Any memberships of professional bodies

4. Duration of Visa

The maximum period for which an entry clearance or leave to remain for an investor could be sought is 2 years. However, the applicant can always apply for an extension of leave to remain in this category, which can be granted by the Home Office for another 3 years.

5. Work Allowed

Investors can establish a commercial presence of their business or own their own company or work as a non-executive director of the company or work as a consultant.

6. What is not allowed?

Investors are only allowed to work that does not come within the ambit of their business. They are therefore not allowed to take any sort of (full time or part time) employment paid or unpaid while remaining in the UK.

7. Extension of Leave to remain

In addition to the above-mentioned requirements the Investor needs to provide audited accounts that show the precise financial position of the business and that he has actually invested £750,000 in the business. However, the home office may require more documentary evidence as proof of this fact. He must show that he has:

• Brought £1 million into the UK
• Invested at least £750,000 in the way as discussed earlier.
• Maintained and accommodate himself and any dependants without recourse to public funds or employment
• Made the UK as his main home.
• Intends to maintain the investment in the manner discussed earlier.

The maximum duration for which an extension can be sought is four years thus making a total of five years.

8. Spouse / Children

Investors can invite their spouse / children to join them as their dependants for the time of their leave to remain provided they could support their families without recourse to public funds or further employment. They do not have any restrictions in taking employment or engaging themselves in business.

9. Switching Rules

Since 01^st of October 2004, there have been some major changes in the switching rules. Business Persons can now only switch their immigration status to the following immigration categories without leaving the UK provided they qualify for the specific category:

• Spouse Visa (Provided the applicant has been issued an investor visa for more than 6 months initially and he has got more than 3 months of his current leave to remain).
• Religious Minister (provided they have lived as an investor for 12 months and fulfil all the requirements to apply as a Religious Minister.

10. Settlement Prospects

The important to note is that the qualifying period of four years does not start from the date of entry in the UK but it starts from the day when the amount of at least £750,000 has actually been invested in one of the ways prescribed in the immigration rules.

Investors who have remain in the UK for 5 years can apply for an indefinite leave to remain in the UK provided they have continuously met all the requirements of the Investor during the 5 years of leave to remain in this capacity. If the Investor has switched from any one of the immigration categories that leads to settlement after four years, the applicant can add the time period spent on that category to make up 5 years, in order to be eligible for an indefinite stay in the UK.