Tier 1 (Investor) visa
The Tier 1 (Investor) visa is designed for high net worth individuals who want to relocate themselves and their family to the UK.
The Tier 1 (Investor) visa category applies to the main applicant and all immediate family members, including spouse and children under the age of 18. Initially, investor visa is granted for three years and four months and can then be extended for another two years, by providing evidence that an investment of at least £ 2 million was made in the UK. There is no requirement to demonstrate English language ability. Work, study and business activity is permitted. The length of time required to qualify for permanent residence depends on the amount of investment, as follows:
- Investment of £2 million – eligibility for permanent residence after 5 years in the UK
- Investment of £ 5 million – eligibility for permanent residence after 3 years in the UK
- Investment of £ 10 million – permanent residence after 2 years in the UK
The number of days that the applicant is permitted to spend outside of the UK has been increased to 180 days per year. Applicants in the first category are eligible to apply for British citizenship after having spent 6 years in the country, while those in the second and third categories are eligible to apply after 5 years of residence in the UK.
The investment into the British economy can be made as follows
United Kingdom Government bonds, share capital or loan capital in active and trading companies that are registered in the United Kingdom. Investment in share or loan capital in active and trading companies that are registered in the United Kingdom can include investment held in foreign currencies.
Residence requirement that must be met in order to qualify for naturalisation (British citizenship)
It is very important to note that the residence requirement for becoming a British citizen is very different to that which must be met when applying for indefinite leave to settlement.
Whilst a Tier 1 (investor) migrant can spend up to 180 days out of every 12 month period they live in the UK abroad without jeopardising their eligibility for settlement, when it comes to applying for British citizenship, they must not have spent more than 450 days out of the UK during the 5 year qualifying period, and no more than 90 days during the final 12 months of this.
How long it will take
The earliest you can apply is 3 months before you travel.
You should get a decision on your visa within 3 weeks.
What you can’t do
- invest in companies mainly engaged in property investment, property management or property development
- work as a professional sportsperson or sports coach
- get public funds
You also can’t work as a doctor or dentist in training unless one of the following applies:
- you have a primary degree at bachelors level or above in medicine or dentistry from a UK institution that holds a Tier 4 sponsor licence or is a UK recognised or listed body
- you worked as a doctor or dentist in training the last time you were in the UK
- neither of those conditions were part of the terms and conditions on a previous visa
Tier 1 (Entrepreneur Visa)
What is a Tier 1 Entrepreneur Visa?
The Tier 1 Entrepreneur visa is designed for non-EEA and Swiss nationals who want to set up and run their business in the UK
What are the funding requirements for the Tier 1 Entrepreneur visa?
As with all immigration applications, there are certain requirements that you will need to satisfy to obtain a grant of leave to enter via a tier 1 Entrepreneur Visa. As this visa is under the Points-Based System, the applicant must meet a minimum of 95 points and aged at least 16 years of age or older. Please note that where the applicant is aged 18 years of age or older, the Home Office must be provided with a criminal record certificate from any country that the applicant has resided in for 12 months or more. One of the main requirements for a tier 1 Entrepreneur Visa relates to the funds required as there are two separate categories.
Funding under the £200,000 route
The first category requires that you hold a minimum of £200,000.00 of disposable funds which can be your own funds or third party funding. The funds in this category take into consideration any funds already invested in the UK either by the Applicant or by the third party.
Funding under the £50,000 route
The second category allows you to make an application for a Tier 1 Entrepreneur Visa if you have £50,000 however, this only applies if the investment funds are from an FCA registered UK venture capital firm, UK seed funding competition or a UK government department.
Depending on the funds available to you, the evidence required by the Home Office will differ and as such, it is vital that you apply under the correct route to ensure that you satisfy the correct set of requirements. Each category has complex guidance notes instructing applicants on the specific documents required as evidence to demonstrate eligibility; failure to adhere to these guidelines will render your application as either invalid or your application refused.
What is the Genuine Entrepreneur requirement?
The ‘Genuine Entrepreneur Test’; entails providing sufficient evidence to demonstrate your genuine intention to establish or take over a business here in the UK within six months. The Home Office can request that you attend an interview during which they will attempt to ascertain whether your intentions are genuine.
If you do not satisfactorily demonstrate genuine intention, your application will be refused even if you have met all of the other requirements. We will take you through the interview stage step by step to ensure that you are able to answer questions with regards to your application confidently and accurately.
Knowledge of English
You may need to prove your knowledge of the English language when you apply.
You can prove your knowledge of English by either:
- passing an approved English language test
- having an academic qualification that was taught in English and is recognised by UK NARICas being equivalent to a UK bachelors degree, masters degree or PhD
You won’t need to prove your knowledge of English if you’re a national of one of the following countries:
- Antigua and Barbuda
- the Bahamas
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
Route to Settlement via the Tier 1 Entrepreneur visa
If you have held a grant of leave by way of a tier 1 Entrepreneur Visa for five years then you may be eligible for Indefinite Leave to Remain on the condition that you have resided in the UK lawfully for a continuous period of five years and have not been absent from the UK for more than 180 days in any given 12 month period.
Following the changes to the immigration rules in April 2011, some Tier Entrepreneur migrants may be eligible for accelerated settlement after only three years of residence in the UK.
To be eligible for accelerated settlement, the applicant must demonstrate that their business was able to create a minimum of 10 new jobs in the UK or alternatively, that their business had an income of £5 million during the three year period. The three-year qualifying period can start from the date the applicant was granted leave, however, the period in which leave was granted and the entry date to the UK can count towards the 180 days of permissible absence in any 12 month period.
Why Use Clay and Porter Solicitors For Your Point Based Visa Application?
We are experts in dealing with point-based visa application. The quality of our service is self-evident from the reviews of our clients about the service we provide. Please contact us if you are seeking legal help from immigration lawyers in the UK in relation to your point-based visa application and our immigration solicitors will provide you with friendly, reliable and professional immigration service.
We pride ourselves on our approach to our clients, from initial contact to our focused and professional advice on whatever our individual client’s requirements are.
We also offer a more personal service and give our clients the TIME and COMMITMENT to tailor a service specific to their needs. As a small practice, we are client focused rather than profit driven
“The one on one relationship is what I loved. You treated me as if I was the only client you had. Thank you for a yeoman’s job. I highly recommend these guys“
If instructed to represent you regarding your point-based visa application, we will do the following immigration casework for you:
- Our immigration solicitors will take Detailed Instructions from you and advise you about the relevant immigration laws and procedures to be adopted by the Home Office, UKBA in your immigration case;
- Our immigration solicitors will discuss your immigration case in detail with you and advise you about the weaknesses and strengths of your immigration case;
- Our immigration solicitors will advise you about the documentary evidence to be submitted in support of your application for a visa;
- Our immigration solicitors will consider contents of the documentary evidence to be submitted in support of the application and discuss the same with you;
- Our immigration solicitors will complete the relevant immigration form and discuss the same with you;
- Our immigration solicitors will prepare a covering letter to introduce and support the application;
- Our immigration solicitors will liaise with the UKVI for an expeditious decision on the application;
- Our immigration solicitors will protect your interests while your application is pending with the Home Office, UKBA and keep you informed of the progress on your application for a standard visitor visa;
- Our immigration solicitors will do all the follow-up work including responding to any queries raised by the UKVI until a decision is reached on your application;
- Our immigration solicitors will advise you about the implications of the UKVI decision on your application.
Our Fee For Standard Visitor Visa Application
- Our fee starts at £500, however, whatever fee is agreed will not change once you instruct us
- If you cannot afford to pay our fee in full at the time of instructing us in relation to your matter, you can pay half of the fee at the time of instructing us and rest of the fee can be paid by monthly instalments.
- The agreed fee will cover all our work until decision by the UKVI on the application. However, it is pertinent to note that the agreed fee will not cover any disbursements to be incurred by the company on your behalf e.g. UKVI fee.