If you are seeking to invest money in the UK, you may be eligible to come to the UK under a Tier 1 (Investor) visa.
You can be granted a maximum of 3 years and 4 months stay and apply to settle in the UK after a certain amount of time, depending on how much money you are investing in the UK. You will also be able to work and study in the UK during your stay.
In order to be eligible for a Tier 1 (Investor) visa, you must have access to at least £2,000,000 in investment funds and can invest the funds in UK registered companies, government bonds, share capital or loan capital.
The eligibility criteria can be complicated and varies depending on certain legal and financial factors. We highly recommend instructing an expert immigration lawyer to navigate the application process.
At Kings Cross Barristers, our team are experienced in visa applications and financial affairs. We can work with you to create a tailor-made application to greatly increase your chances of success.
Relevant Immigration Rules for Tier 1 (Investor) Visa
The rules relevant to those making an application for a Tier 1 (Entrepreneur) Visa can be found under Immigration Rules part 6A, paragraphs 245E to 245EF and Immigration Rules appendix A. Some of the rules which we think might be helpful are as follows:
245EA. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Investor) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
245EB. Requirements for entry clearance
To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.
(c) An applicant who has, or was last granted, leave as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to as set out in paragraph 245A above, show that this requirement has been met.
(d) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.
(e) The entry clearance officer must not have reasonable grounds to believe that:
(i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A, the applicant is not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules (where relevant); or
(ii) any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules held by:
(1) the applicant; or
(2) where any of the specified money has been made available to the applicant by another party, that party, has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK; or
(iii) where any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
and where the Entry Clearance Officer does have reasonable grounds to believe one or more of the above applies, no points from Table 7 (where relevant) will be awarded.
(f) Where the applicant is 18 years of age or older, the applicant must provide either an original or scanned copy of a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.
(g) If the applicant has failed to provide a criminal record certificate or an explanation in accordance with sub-paragraph (f), the decision maker may contact the applicant or his representative in writing, and request the certificate(s) or explanation. The requested certificate(s) or explanation must be received at the address specified in the request within 28 calendar days of the date of the request.