The Tier 1 investor visa is designed for high net worth individuals who are looking to invest as well as enter and remain in the UK. It is widely touted to be the most popular and least demanding with regards to requirements.
The qualifying periods of settlement vary, depending on the level of investment
|Investment amount||When you can apply for settlement|
|GBP 10 million||2 years|
|GBP 5 million||3 years|
|GBP 2 million||5 years|
Under the old immigration rules, investors were allowed to invest up to £1 million and then top up the investment if it fell below the £1 million required investment funds. However, new immigration laws, which came to effect from the 6th of November 2014 now requires that investors would need to have investment funds of at least £2 million.
Applications under the Tier 1 investor route would normally be accessed based on the ability of the applicant to invest the required investment fund in the UK.
Unlike other Points Based System Migrants, the English Language requirement is not mandatory.
Also, unlike other Points Based System Migrants, the English Language criterion is not required to be fulfilled by the applying individual in this category; this is so because they can choose to work or not to work while in the UK, either way it is permitted.
Also in this category, the individual applying is not required to meet the exclusive criterion for the availability of sufficient fund for maintenance as is applicable to most applications under the points based system. This is so because the individual would have already fulfilled the main requirement for this category and as such have exhibited their capability to maintain and support themselves without recourse to public fund whilst in the United Kingdom.
In this category, the individual applying is not required to meet the exclusive criterion for the availability of sufficient fund for maintenance as is applicable to most applications under the points based system. This is so because the individual would have already fulfilled the main requirement for this category and as such have exhibited their capability to maintain and support themselves without recourse to public fund whilst in the United Kingdom.
Tier 1 investor applicants do not need to meet the English language requirements that is applicable in most other Point Based System applications. The reason might just be because even though Tier 1 investor migrants are able to work in the UK, they usually do work. It is assumed that if they have that amount to invest in the country, they would normally not need to work.
Applicants who wish to enter the United Kingdom as a Tier 1 (investor) category is entitled to points as elaborated in the table below. This is applicable to all individuals that seek to:
The Home Office would normally grant a leave for up to 4 years and 4 months for a Tier 1 investor visa
Also with regards to maintenance funds, Tier 1 investor migrants would not need to show or meet any maintenance funds requirement. This is because they will have met the attributes (main requirements) for this category and shown their ability to support themselves in the United Kingdom without needing help from public funds. Again, if you have such huge amounts to invest, you would not necessarily be needing funds from to survive would you?
Points available for initial application under the Tier 1 Investor visa route
|Attributes (75 points)||Points|
|I) The applying individual has in his/her possession or in an endorsed financial institution amounts of money that belongs to him/her which sums up to GBP1 million or more and is disposable in the United Kingdom.||75|
|II) (a). The applying individual has personal possessions/assets of more than £2 million in value if they are to be taken into consideration as liability or (b). The applying person has received a loan of at least £1million from a regulated UK financial institution which is now held under his/her control in a regulated financial institution and is disposable in the United Kingdom.|
In a situation where the request of the applicant as a Tier 1 Investor Migrant is rejected by the United Kingdom Border Agency, he/she may choose to challenge the decision by making an application for Administrative Review to the Entry Clearance Manager (ECM). If the Entry Clearance Manger Stands by the same decision, the applicant can then challenge the decision further through the Judicial Review in the High; he/she may then be granted Leave to enter for 3 years and 4 months if the application is successful.
Furthermore, you will need to demonstrate that you have access to at least GBP 2 million under your control. It is important that the required fund is kept in a regulated financial institution and the funds are disposable in the UK. You may also rely on funds jointly owned by your husband, wife, civil partner, unmarried or same-sex partner. Tier 1 investor applicants would need to open a bank account in the UK.
It is also important that the money is held in the UK regulated bank account for 3 months prior to submitting the application. If the money has not been held up in your bank account for 3 consecutive months prior to the date of application, you will need to provide evidence of the source of funds. You may consider the list below as some of the permitted source of funds:-
As a result of changes in the immigration rules which came to effect on the 1st of September 2015, Tier 1 investor applicants will now need to provide an overseas criminal record certificates for the country that they have continuously resided in for the past 12 months or more within the 10 year period prior to submitting their application
The rules also suggest that applicants must be at least 18 years of age
Things to take note of when making an entry clearance application
Entry Clearance officers are very likely to refuse an application if they have reasonable grounds to believe that
Conditions of the Tier 1 investor visa
If your visa have been granted you must ensure that you fully invest the required amount in qualified investment portfolios. Qualified investments include share, loan capital in active and trading UK companies, or government bonds.
Tier 1 Investor migrants looking to purchase new qualifying investments are able to do so if they sell part of their current UK investment portfolios. In this case, if the value of their current portfolio falls short of the required investment funds, the applicant will the need to replace shortfalls in funds with the new qualifying investment.
The UKBA have introduced transitional arrangements such that Tier 1 investor migrants who have been on this application prior to the changes been introduced will not be subjected to these changes when they apply for extensions or for settlement (ILR)
If your Tier 1 entry clearance application has been refused you can challenge the refusal by way of an Administrative Review request to the Entry Clearance Manager (ECM). This allows the ECM to review the decision that was made by the Entry Clearance Officer (ECO). If you are not still happy with the decision of the Entry Clearance Manager (ECM), you may challenge the decision by way of a Judicial review in a High Court.
The Immigration Rules permits an individual to switch into the Tier 1 Investor Migrant within the United Kingdom if the applicant is currently granted residence as:
If your current leave to remain in the UK is as a Tier 1 investor, you may be eligible to make an application to extend your leave provided that you score the required points as well as provide the necessary documents to support your application.
Applicants who wish to extend their stay in the United Kingdom under Tier 1 (investor) category are entitled to points as elaborated in the table below. This is applicable to all individuals that have:
|Attributes (pass mark = 75 points)||Points|
|The person applying owns more than £1 million which is under his/her control in the United Kingdom; or||30|
|The applying person has made an investment of his/her capital worth no less than £750,000 in the United Kingdom through Government bonds, share capital or loan capital in active trading companies registered in the UK rather than companies that are involved in property investments; also have been have been able to make investments the balance worth £1 million on purchase of assets in the UK or has the money deposited in a regulated UK financial institution.||30|
|That the above stated investment were made in the space of three months of the date specified below: Either on|
In a situation where the individual’s application was rejected, he/she can choose to oppose the decision by making an appeal to the First Tier Tribunal in no more than ten days after which the rejection letter was refused. The applicant will receive an extension to remain for 2 years as a Tier 1 Investor Migrant if the application is a success.
Investor Visa £10,000,000
Please note that the requirements for a Tier 1 investor visa would normally vary depending on the period the initial leave to remain was granted. In the event that the leave was granted before the 6th of November 2016, the following requirements will be applicable:-
As mentioned above, the rules slightly differ for applications granted on or after the 6th of November 2014. For such applications, the following requirements apply:-
Investor Visa £2,000,000
Please note also, that in the event that there is a delay in making an investment, the reasons for the delay must not be foreseeable and must be beyond the control of the applicant. If the reasons relate to failure of the applicant not making a timely decision, the application is very likely to be rejected.
Point available under the Tier 1 investor visa category
|1.||GBP 1,000,000 under your control in the UK; or have invested not less than £2 million in the UK through Government bonds, shares, active loans and registered UK firms||30|
|2.||Have invested not less than GBP 750,000 in the specified forms and has invested the remaining balance of GBP 1 million in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution||30|
|3.||Investment been made within three months of the specified date||15|
Investor Visa £5,000,000
The rules for applying under the £5,000,000 is quite similar to the ones explained above
Length of stay
If your Tier 1 investor extension application is successful, you will be granted a leave of 1 years.
Tier 1 Investor Refusal
If your Tier 1 investor application is refused, you may appeal to the first Tier tribunal. It is important that the appeal is made within 10 workings days from the date of receiving the refusal letter.
Tier 1 Investor Indefinite Leave to remain
Tier 1 investor visa holders who have completed the required length of stay in the UK as per the qualifying investment amount would be eligible for settlement. It is important they have meet all the required and applicable immigration rules.
You will be able to make an application for indefinite leave to remain if you have been in the UK for a continuous period of 5 years as a Tier 1 Investor.
There is however an accelerated route option if you have invested £5m within 3 years. In this case, where you have invested £5m, you may apply for Indefinite leave to remain at the third year. Furthermore, you will also qualify for settlement within 2 years if you have invested £10m within 2 years.
It is important to note that even after you have obtained settlement (indefinite leave to remain in the UK), you will still need to wait to complete 6 years in the UK to apply for settlement.
Application of indefinite leave to remain as a Tier 1 investor should normally be submitted just before the expiry of your current leave to remain
Settlement under this route vary, depending on whether the applicant has lived for a continuous period of 5, 3 or 2 years (depending on the amount invested under the Tier 1 investor category.
|Investment amount||When you can apply for settlement|
|GBP 10 million||2 years|
|GBP 5 million||3 years|
|GBP 2 million||5 years|
Requirements for Settlement as a Tier 1 Investor migrant
Accelerated route to ILR - 3 years
As mentioned earlier, Tier 1 investors may still qualify for settlement without spending 5 years in the UK if they have:-
438 ReviewsREAD ALL REVIEWS
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