TIER 1 Investor Visa

Tier 1 (Investor) is the category under the Points Based System for high net worth individuals making a substantial financial investment to settle in the UK.

A. Minimum requirements:

Investment from £2,000,000.

Applicants must have a UK regulated investment bank account before making their initial application – our business department is able to assist in opening such an account.

Investors will need to provide proof of the source for any investment funds over the past two years

The minimum 18 age of applicants in this category.

Applicants no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios. Buying and selling investments will continue to be permitted, providing the investor does not withdraw any capital.

Foreign investors have been given extra incentives to come to the UK. They can settle quicker if they invest large sums of money and will be able to spend longer periods outside the UK without losing their eligibility for settlement.

B. Initial application

Applicants have been required to score at least 75 points in total to successfully apply for this visa and can claim points in the following way:

• By providing documentary evidence of having at least £2 million of one’s own money held in a regulated financial institution and disposable in the UK;
• Applicants must have a UK regulated investment bank account before making their initial application – our business department is able to assist in opening such an account;

The applicant must claim 75 points using one of the above-mentioned options to qualify for this visa. There are no English language or maintenance requirements for Investors.

C. Investments and source of funding

The money should be held in the bank account for 24 months prior to application. If the money has been held in the bank account or portfolio for less than 24 months, then it is necessary to give specified evidence of the source of the money. The source of funding in this case can be one of the following:

• Gift
• Sale deed
• Evidence from a business
• Will
• Divorce Settlement
• Award or winnings
• Other sources – this is on a case by case basis, specified evidence must be provided, we are able to liaise with the relevant Embassy/Home Office  regarding this.

The minimum investment required is £2 million, which is enough for the initial application, though according to the qualifying period for settlement depends on the sums invested, so there are 3 categories:

• £2 million and more
• £5 million and more
• £10 million and more

At least £2 million must be invested in the UK by way of share capital in active and trading UK registered companies within 3 months of the specified date. If you were granted Entry Clearance as a Tier 1 (Investor) then your specified date is your date of entry to the UK. If you were granted Leave to Remain as a Tier 1 (Investor) then your specified date is the date your leave to remain is granted.   

Money should be disposable in the UK which means that it is held in a UK based financial institution or, if held outside the UK, it must be freely transferable to the UK and convertible to sterling. It can include money belonging to the applicant's spouse, civil partner or unmarried or same-sex partner, provided that specified documents are provided.

Applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios. Buying and selling investments will continue to be permitted, providing the investor does not withdraw any capital.

Applications will be refused if the Home Office has reasonable grounds that:

• The applicant is not in control of the funds;
• The funds were obtained unlawfully;
• The character, conduct or associations of a party providing the funds mean that approving the application is not conducive to public good.

D. Dependants

Migrants with UK Tier 1 (Investor) Visa will be able to invite their spouse / unmarried partner / civil partner and children under the age of 18 to join them as dependents. The dependants will be given full rights to work in the UK apart from working as a Trainee Doctor/Dentist or professional sportsperson or sports coach.

PBS dependants can now apply from within the UK, as long as they are not here illegally, as visitors, or on temporary admission or temporary release.

E. Duration of UK Tier 1 (Investor) Visa and settlement

First time applicants will be given 3 years’ and 4 months’ leave to enter or three years’ leave to remain if they switch from another immigration category.

Qualifying period for settlement (ILR) is:

• 5 years if £2m invested; or
• 3 years from the point when £5m is invested; or
• 2 years from the point when £10m is invested.

The requirements relating to naturalization applications have not been affected and even if they obtain ILR in two years by investing £10 million in the UK economy they would still be required to wait for another 3 years and comply with the residence requirements in order to apply for naturalization.

F. Allowable absences

Migrants with UK Tier 1 (Investor) Visa will be allowed to remain outside the UK for maximum 180 days in any calendar year without losing their right to apply for permanent settlement.

G. Extension Application 

Migrants who have invested the minimum of £2m will require a visa extension for 2 years to enable them to complete five years residence in the UK and apply for ILR.

The applicant has to score 75 points under this section which can be claimed-

• By providing documentary evidence to show that the applicant has invested not less than £2 million in the share capital or loan capital in active and trading UK registered companies subject. Investment excludes investment by the applicant by the way of companies mainly engaged in property investment, property management or property development.
• By providing documentary evidence to show that the investment was made within 3 months of the applicant’s specified date.

The applicant can only claim 75 points if he can provide the relevant documentary evidence and claim points in the way mentioned above.

Applicants will no longer need to invest additional capital if they sell part of their investments at a loss, but they will be required to maintain all their capital within their investment portfolios. Buying and selling investments will continue to be permitted, providing the investor does not withdraw any capital.

H. What is allowed and prohibited on the Tier 1 Investor Visa

On this visa, you are allowed to:

• bring your partner and children with you as your ‘dependants’, if they’re eligible – spouse and children under 18 years old
• work or study freely without any limitations
• apply to settle after 2 years if you invest £10 million
• apply to settle after 3 years if you invest £5 million
• apply to settle after 5 years if you invest £2 million

On this visa, you are not allowed to:

• work as a professional sportsperson, for example a sports coach
• apply for most benefits (public funds), or the State Pension

I. Administrative Review (Entry clearance, extension and settlement applications)

If the entry clearance, extension or settlement application is refused by the ECO in the British Diplomatic post or by the Home Office, the applicant will be given a right to make a request for a review of the decision that must be exercised within 28 days of the date of service of the decision if application was submitted outside the UK or 14 days if application is made inside the UK. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

Our services

Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of their immigration matters.