tier 1 / investor visa

The Tier 1 Investor visa category is designed for affluent individuals who have the willingness and capability to invest a minimum of £2,000,000 in the UK. This visa allows investors to work, study, and conduct business activities in the country, and they can also bring their dependents along. Typically, after a period of 5 years, Tier 1 Investor visa holders are eligible for settlement in the UK. However, those who make larger investments may be eligible for accelerated settlement.

In March 2019, the requirements for the Tier 1 Investor visa were made more stringent following a government review. As part of the application process, applicants must now demonstrate the following:

  1. The minimum investment amount of £2 million.
  2. The investment funds belong to either the applicant, their spouse, or civil partner.
  3. The funds are held in regulated financial institutions, and the UK bank where the funds are held must confirm that all necessary due diligence checks and Know Your Customer inquiries have been conducted.
  4. The funds are available for transfer and investment in the UK.
  5. If the £2 million has been held for less than 2 years (previously 90 days), the applicant must provide evidence of the source of funds.
  6. The Home Office may refuse the visa if there are reasonable grounds to believe that the funds used for investment violated exchange controls.

In summary, the Tier 1 Investor visa requires a significant investment in the UK, with stricter regulations in place since March 2019. Applicants must meet various criteria to demonstrate the legitimacy and availability of the funds for investment purposes.

UK Investor visa: 2 Year Route

The Tier 1 Investor visa for the UK does not mandate that investment funds must be held for a minimum of 2 years. If you have held your investment funds for less than 2 years, you can still qualify for the visa if the source of the funds can be demonstrated through the following means:

  1. The funds were received as a gift by you, your spouse, civil partner, unmarried or same-sex partner within the 2 years preceding the date of application.
  2. The funds are proceeds from the sale of assets such as business or property within the 2 years prior to the application.
  3. The funds are held in your business, your spouse’s, civil partner’s, unmarried or same-sex partner’s business.
  4. Inheritance received under a will within the 2 years prior to the application.
  5. The funds are proceeds from a divorce settlement received within the 2 years immediately preceding the date of application.
  6. The funds are from a financial award or winnings.
  7. Any other source that can be documented and independently corroborated.

If you have held your investment funds for at least 2 years, there is no requirement to provide specific evidence of the source of your funds. However, it is still necessary to satisfy the Home Office that your investment funds were obtained lawfully. Currently, there is no obligation to provide an independent audit of financial and business interests as part of the Tier 1 Investor visa application.

Tier 1 Investor UK bank account Rule: the legal requirement

Tier 1 applicants are required to have opened a UK bank account before submitting their initial Tier 1 Investor visa application.  In this post, we look at the basic requirements of the UK bank account rule for Tier 1 Investors and the various ways in which the UK bank account rule may be satisfied.

The Immigration Rules for Tier 1 Investors require that in an initial application for entry clearance or leave to remain as a Tier 1 Investor, the applicant must provide a letter issued by an authorised official of a UK regulated bank, on the official letter-headed paper of the institution.

The letter must be dated within the three months immediately before the date of the application and confirm that:

(i) the applicant has opened a UK bank account for the purposes of investing not less than £2 million in the UK;

(ii) the UK bank is regulated by the Financial Conduct Authority for the purposes of accepting deposits; and

(iii) the UK bank has carried out all required due diligence checks and Know Your Customer enquiries in relation to the applicant.

However, a policy document published by the Home Office suggests that the so-called UK bank account rule is more flexible than it may initially appear.

How long is a UK Tier 1 Investor visa valid for?

Your initial Tier 1 Investor visa will be valid for either 3 years and 4 months (if applying from overseas) or 3 years (if applying from within the UK).

You will need to invest at least £2 million in actively trading UK companies within 3 months of entering the category. You will then need to maintain your investment.

You will be able to extend your stay as a Tier 1 Investor visa holder for a further 2 years, before qualifying for indefinite leave to remain (settlement) after 5 years. There is also an accelerated route to settlement as a Tier 1 Investor migrant after either 3 years (if you invest at least £5 million) or 2 years (if you invest at least £10 million).

In order to settle in the UK as a Tier 1 Investor, you will need to spend not more than 180 days outside the UK in any 12-month period and, unless aged 65 or over, have sufficient knowledge of the English language and Life in the UK.

SERVICES FOR TIER 1 INVESTORS

Frequently Asked Questions (FAQs) for Tier 1 Investors

Why is it important to be familiar with the Immigration Rules regarding investment requirements as a Tier 1 Investor applicant?Understanding the complex investor requirements is crucial for both the applicant and their wealth manager (if applicable). This knowledge helps ensure compliance with the Immigration Rules and reduces the risk of making investment-related mistakes.

What happens if an investment mistake is made during the application process?

Unfortunately, mistakes in investments are becoming more common. If an applicant breaches the Immigration Rules due to such a mistake, there is no provision for correcting the error and starting afresh. In such cases, applicants must wait until they apply to extend their stay or for Indefinite Leave to Remain (ILR) and then request the Home Office to exercise discretion in approving their application.

What additional assistance can be provided for Tier 1 Investors?

In addition to guidance on investment requirements and potential pitfalls, we offer assistance with various aspects of the Tier 1 Investor visa application process. Our services include (but are not limited to):

Application preparation and documentation guidance

Advice on meeting financial requirements and demonstrating the lawful source of funds

Support in liaising with UK banks for due diligence and Know Your Customer (KYC) procedures

Assistance with the preparation of necessary supporting documents

Guidance on accompanying dependents and their visa applications

Continuous support throughout the application process and beyond.

Opening a UK bank account and obtaining a bank letter

If you need to open a UK bank account and/or obtain a letter from a UK bank in support of your UK Tier 1 Investor visa application, our immigration barristers can direct you to the right professionals. We work closely with some of the UK’s leading investment managers and private bankers.  Our strategic partners within the financial services sector have extensive experience helping clients navigate the challenges of the UK Investor visa.

Investment Management for Tier 1 Investors

Whilst we are able to draw on our intimate knowledge of the Home Office rules and policy to provide you with expert legal advice in relation to your Tier 1 Investor visa application, we can also direct you to some of the UK’s leading FCA-registered wealth managers who can ensure that your investment portfolio is both compliant and structured for steady growth.

Applications for extension of stay as a Tier 1 Investor

Before your initial Tier 1 Investor visa expires, you may be eligible to apply to extend your stay as a Tier 1 Investor.  The requirements that you will need to satisfy in order to qualify for a Tier 1 Investor visa extension will depend upon whether your initial Tier 1 Investor visa was granted between 6 November 2014 and 28 March 2019 or on or after 29 March 2019.

Applications for settlement (including accelerated settlement) as a Tier 1 Investor

You may be eligible to apply for indefinite leave to remain in the UK as a Tier 1 Investor after spending 2, 3 or 5 years in the UK.  The requirements that you will need to satisfy in order to qualify for Tier 1 Investor visa ILR will depend upon when your initial Tier 1 Investor visa was granted and the amount of your investment.

Fresh applications, Administrative reviews and Judicial reviews for Tier 1 Investor

If your application for entry clearance, leave to remain or settlement as a Tier 1 Investor has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.

If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

We have a success rate of over 95% with Tier 1 Investor Visa applications, Below are some of the successful applications we have processed for our much valuable clients.