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Due to the investment funds required, the Tier 1 Investor Visa is one of the UK's most generous visa routes; it allows holders to work for anyone, invest in businesses and even provides the shortest possible route to gaining Indefinite Leave to Remain (2 years if you have over £10m to invest).
But what happens when a Tier 1 Investor Visa holder wants to bring a dependent (such as a spouse or child) to the UK?
In this article, we are going to take a look at the dependent options for Tier 1 Investor Visa holders. We will look at everything from the application process, to work and long stay rights for dependents of Tier 1 Investor Visa holders in the UK. By the end of this article, you should have a complete understanding of the Tier 1 Dependant Visa process.
Yes, you can.
All of the Points-Based System (PBS) visa routes offer the option of bringing their dependents (classed as a direct relative) to the UK, but the Tier 1 Investor route, unsurprisingly, offers the best options for dependents of Tier 1 Investor Visa holders as they do not need to prove maintenance funds. This is different from the vast majority of dependent options in the UK and is likely down to the fact the Tier 1 Investor Visa holder is likely to be able to comfortably support their dependents in the UK. This is not necessarily true of any of the other visa routes, therefore they must prove that their stay can be maintained.
For the purposes of clarity, dependents are defined as spouses (a husband, wife or partner) and children under the age of 18. While some visa routes may give you the option to bring parents and other family members to the UK, the Tier 1 Investor Visa does not offer this option. This is because, in the majority of cases, adults are not dependent on another family member. If you have other adult family members who wish to come to the UK, they will need to gain their own visa for their stay.
The Tier 1 Dependant Visa, like all current UK visa routes, requires an online application. During this application, you will be asked many questions relating to your past and your reasons for coming to the UK. Once the application is completed, you must then wait for the application to be processed - which usually takes between 8 and 12 weeks. If you need your visa in a hurry, you can opt to pay for one of UK Visas and Immigration's premium services, allowing you to skip the queue and have your application processed much faster - this, of course, incurs an additional cost.
Once the application is approved, you will then be able to get your Biometric Residence Permit - which is your proof of stay. If you are applying from within the UK, you will receive this in the post. If you are based outside of the UK, you will be able to pick up your Biometric Residence Permit upon your arrival in the UK. This Biometric Residence Permit will need to be collected within 10 days of the date you specified you would arrive in the UK during your application. If you fail to do so, your visa may be cancelled.
Yes, much like any other Points-Based System (PBS) dependent visa holder, Tier 1 Dependant Visa holders are able to work freely in the UK for the duration of their visa. Any prospective employer will need to carry out a right to work check before employing you, but as you are on a Tier 1 Dependant Visa, you will have no clearance issues working in the UK.
Yes, they can.
The leave given to a Tier 1 Dependant Visa is usually in line with the leave given to the Tier 1 Investor Visa holder. This can be different depending on when the dependent arrived in the UK. It also depends upon whether the Tier 1 Investor Visa holder has gained Indefinite Leave to Remain. If the main visa holder has already gained Indefinite Leave to Remain, the dependent will have to enter under an alternative route and will be given a different leave period.
If you travel to the country at the same time, both partners should be given the same length of leave, which means you will be able to apply for Indefinite Leave to Remain at the same time. Children will also be given the same amount of leave as their parents if they come at the same time. If they do not, their leave may be based on whoever has the shorter visa leave remaining.
If you need more help with a visa query then please get in touch. Our team of immigration solicitors can help you to make the most of your stay in the UK. We offer free, no-obligation consultations to help our prospective clients to understand their rights in the UK.
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My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.
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