Guide to UK Tier 1 Investor Visas

The Tier 1 (Investor) visa is designed for high net worth individuals who want to relocate themselves and their family to the UK. Only a few hundred of these visas are granted per year.

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, the 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 indefinite leave to remain after 5 years in the UK

– Investment of £5 million – eligibility for indefinite leave to remain after 3 years in the UK

– Investment of £10 million – eligibility for indefinite leave to remain 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. 

Eligibility Criteria

The rules and eligibility criteria for a UK Investor visa are set out under paragraphs 245EA–245EF of Part 6A, and paragraphs 54–65SD of Appendix A, of the Immigration Rules.

You must be able to show that you are able to make an investment of £2 million or more in the UK. Accordingly, you must have:

– at least £2 million of your own funds, under your control, held in a regulated financial institution and which is disposable in the UK.

– opened an account with a UK regulated bank for the purposes of making that investment.

The £2 million investment funds may be held overseas at the time of application. If the money is not held in pounds sterling, you must convert its value into pounds sterling on the application form.

Jointly-owned funds can be used as the basis of your application, for example where ownership is shared with your husband, wife, civil partner, unmarried or same-sex partner. In this instance, you will need to evidence your unrestricted right to transfer and dispose of these funds in the UK. It is also possible to rely on funds that are solely owned by another party, again requiring you to show your right of transfer and disposal. In all cases you – or you and/or your husband, wife, civil partner, or unmarried or same-sex partner – must be the beneficial owner of the funds and not holding the investments on behalf of anyone else.

You may use, as evidence of funds, investments made in the UK within the 12 months immediately before the date of the application, provided they are held in a UK regulated financial institution. You may not, however, use assets or possessions such as property as evidence of your funds for investment.

Foreign persons suitable to apply for this visa type are those:

– Who are ready to invest at least £2 million available funds in the UK

– Who are 18 or older

Tier 1 Investor visa guidance – common challenges and pitfalls

The documentation you submit must be in the format specified under the Home Office Tier 1 Investor visa guidance. The caseworker assessing your application will only accept such documents as evidence of the relevant requirement. Further, if the documents you submit do not contain all the required information, it is highly likely your application will be delayed.

In assessing your application, the Home Office will also carefully examine the provenance of the funds, and whether these are wholly under your control. The Home Office may not award points where they have reasonable grounds to believe one or more of the following applies:

– you are not in control of, and at liberty freely to invest the, money specified in your application.

– any of the money held by you or being made available to you by a third 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.

– the character, conduct or associations of any third party providing funds is such that approval of the application would not be conducive to the public good.

What is the Next Step?

We are able to assist and we will be able to answer any questions you have and help to advise you on the best way to proceed, in what can be a complex area.

Contact us today and one of our experienced advisors will be happy to assist.

About Expat Financial

Expat Financial is a team of highly experienced Hong Kong based Financial Advisors. As Expats ourselves we understand the challenges of living and working in a foreign country. We use our Expat experience along with our extensive financial expertise to help you maximise the benefits of working and living offshore.

Regardless of whether you’re a financial novice or a seasoned investor we specialise in helping you to achieve your goals.

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