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Tier 1 Investor Visa
Tier 1 Investor Visa subsections
Tier 1 Investor Visa Application
Designed for high-net-worth people who wish to relocate and invest in the UK, the Tier 1 Investor Visa provides a fast-track route to British Citizenship.
OTS Solicitors have years of experience assisting wealthy individuals to enter the UK through the investor route. The immigration lawyers at OTS Solicitors are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully assisting clients enter the UK via the Investor route, including applicants from Russia, China, India and the Middle East.
For individuals with sufficient funds, the Investor route is attractive as it allows a person:
- unrestricted self-Employment and Employment in the UK—with the exception that normally a Tier 1 Investor applicant will not be eligible to work as a doctor or dentist in training
- more generous provision than other categories as to the absences permitted over the years leading to settlement—for Tier 1 Investor applicants 180 days of absence is permitted in any 12 calendar-month period, and
- an accelerated route to settlement (otherwise known as Indefinite Leave to Remain or ILR) after two years for those who are willing to invest at least £10m, or after three years for those who are willing to invest at least £5m—although note that dependant partners and children may not be able to apply for ILR at the same time.
Investor Visa eligibility and key considerations
To be eligible for an investor visa you must:
- have control of at least £2m of your own funds (they cannot be borrowed), which must be held in a UK or overseas regulated financial institution and be disposable in the UK, and
- have opened an account with a 'UK-regulated bank' for the purposes of investing not less than £2 million
Given the amount of money required to enter the UK through the Investor route, applicants are wise to give serious consideration to the following:
- anti-money laundering regulations
- tax planning and implications
- how the funds will be invested
- do you wish to apply for early settlement in the UK?
At OTS Solicitors, we will spend time talking with you and/or your representatives, to discover your long-term objectives and whether or not the Tier 1 (Investor) Visa is the right entry route to help you achieve these.
We will also ensure that if you do wish to apply for ILR, you are fully advised as to how many days you can spend outside the UK and remain eligible.
Transferring the investment funds to the UK
A transfer of capital (but not income and gains) to the UK is generally not taxable in the UK. There are complex rules to determine if a payment is purely capital or if it is mixed with income or gains (or if it consists entirely of income or gains), in which case it is subject to UK tax on a remittance basis for those non-domiciles that have elected to be taxed on their non-UK income and gains on the remittance basis. Independent tax advice should be sought by a prospective or existing Tier 1 Investor applicant and any dependants to identify the nature and potential tax liability for any funds or assets being transferred to the UK. Our legal team partner with tax and financial consultants to ensure Investor visa applications are fully informed regarding the tax implications of their decisions.
Why choose OTS Solicitors
Our specialist immigration solicitors understand business and immigration law and how they interact together. We have developed strong relationships with investment and wealth management advisors in London, who can help you find investments that offer the strongest returns.
By engaging our immigration lawyers to help you secure a Tier 1 Investor Visa, you can be confident that the application process will go smoothly. And when it comes to applying for settlement, we will assist you with obtaining both settlement and British Citizenship.
To discuss applying for a Tier 1 Investor visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and immigration.
Permitted Investments for Tier 1 Investor Visa
At OTS Solicitors, our immigration lawyers can advise you on the types of investments permitted for holders of a Tier 1 Investor Visa.
The immigration lawyers at OTS Solicitors are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully obtaining Investor Visas for clients worldwide, including applicants from Russia, China, India and the Middle East.
Because we have a strong knowledge of both business and law, we offer high net worth clients a full service when it comes to applying for an Investor Visa. We understand what types of investments are permitted. We will collaborate with wealth managers to ensure your investments count as qualifying for the purposes of entering the UK under the Investor route.
Qualifying investments
In order to be qualifying investments, the investments must be in UK government bonds, or share or loan capital in active and trading UK-registered companies, subject to a number of additional restrictions.
Restrictions on investment in companies
A Tier 1 Investor client who wishes to invest their funds in loan or share capital in active and trading UK-registered companies may do so as long as these companies:
- have a registered office or head office in the UK—this will include multinational companies to whom either applies
- have a UK business bank account and current transactions
- are subject to UK taxation, and
- are doing business and are not dormant
Further restrictions
There are some further restrictions on the types of investment that will qualify, which are set out in the immigration rules. The following arrangements are not permitted:
- funds invested through an offshore company or trust, or investments that are held in offshore custody
- funds invested in open-ended investment companies, investment trust companies, investment syndicate companies (defined as 'pooled resource/shared risk entities such as ‘namecos’ operating as part of a banking, underwriting or insurance syndicate') or pooled investment vehicles
- funds invested in companies mainly engaged in property investment, property management or property development
- funds invested on deposit with a bank, building society or other enterprise whose normal business includes the acceptance of deposits
- ISAs, premium bonds and saving certificates issued by the National Savings and Investment Agency (NS&I) (however NS&I Guaranteed Income Bonds and Guaranteed Growth Bonds are acceptable)
- leveraged investment funds, i.e. where the investments have been purchased with money that has been borrowed or where the investments have been taken as security for another loan
Maintaining the level of investments
An investor client must ensure that they maintain their relevant minimum level of qualifying investments (as detailed below) from the time that the investments have been made and thereafter throughout the period of their permitted stay in the category.
Where an investor wishes to apply in due course for accelerated settlement, they will need to maintain their portfolio of total qualifying investments at the relevant higher figure.
Failure to maintain a minimum of £2 million for the balance of the period of leave after the date of investment is also a ground for curtailment of leave.
Although investors with leave under the new Rules are not subject to a requirement to monitor the market value of the portfolio on an ongoing basis, it is still vital that the investor and the financial institution which has custody of their investments are fully aware of the new maintenance requirement and monitor the portfolio accordingly.
Partnering with you
We have a proven track record of successfully advising high net worth individuals on investment requirements for Tier 1 Investor Visas and ensuring that the investments they make are permitted and will provide the return required to maintain the level of investment required by the Home Office.
We will partner with you and your financial advisor, keeping an eye on your investment portfolio, ensuring it continues to work in your best interests.
To discuss applying for an a Tier 1 Investor Visa, or advice on permitted investments please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and immigration.
Why Invest In The UK?
The United Kingdom is one of the most attractive places in the world to invest money. The UK is the fifth largest economy in the world measured by nominal gross domestic product (GDP) and ninth-largest in the world measured by purchasing power parity (PPP), comprising 4% of world GDP.
Britain is part of the European Union*, offering unfettered access for goods and services to the single market. London is one of the world’s financial hubs and has been so for centuries. Hundreds of corporations have therefore based their head offices in the British capital, making it a very favourable place to invest.
Key reasons why the UK is a strong economy to invest in
Highly skilled labour force
The UK is home to some of the best universities in the world. Some of Europe’s most skilled workers, especially in the financial, technology, science and engineering sectors also reside in Britain. Its labour costs are relatively low for a developed nation.
Stable government and favourable tax rates
Britain provides a stable political environment and economy. Corruption is almost non-existent and the rule of law prevails. The judiciary is completely independent of the government and has a global reputation for expertly deciding complex, cross-jurisdictional commercial cases.
The tax system of the UK is easy to understand. Corporations are taxed 20 percent on profits. Small companies are given marginal tax benefits on profits ranging from 300,001-1,500,000 GBP. This tax system also allows tax deductions on expenditures and depreciation of assets used for trade. The assets over which tax deductions are accepted are industrial buildings, machinery, plant equipment and assets used for research & development purposes. Unit trusts and open ended investment companies are required to pay 20 percent tax on profits earned.
Large economy/potential for growth
The UK has a population of 64 million and is part of the wider EU market of 508 million people. It is an English-speaking nation and London provides an excellent base from which to export goods and services throughout the rest of Europe.
Excellent transport links and infrastructure
Britain has first-class transport links, both internally and linking with Europe. Along with the Eurotunnel, London has five major international airports and the shipping links to the Continent run smoothly.
Britain also has some of the best infrastructure in the world. These factors make it very easy to do business in the UK.
Above all, the UK is open to foreign investment and does not discriminate between local and international investors who want to put money into the British economy. The British Government will also stand beside any British company, regardless of whether or not it is owned by a foreign national. This, along with the reasons listed above, is why so many high-net-worth individuals and business owners have chosen to invest their money in the UK.
Why choose OTS Solicitors
Our specialist immigration solicitors understand business and immigration law and how they interact together. We have developed strong relationships with investment and wealth management advisors in London, who can help find investments that offer the strongest returns.
By engaging our immigration lawyers to help you secure a Tier 1 Investor Visa, you can be confident that the application process will go smoothly. And when it comes to applying for settlement, we will assist you with obtaining both settlement and British Citizenship.
To discuss applying for a Tier 1 Investor visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and immigration.
Benefits of a UK Tier 1 Investor Visa
For high-net worth individuals, the Tier 1 Investor Visa provides a number of benefits. OTS Solicitors understands them all and how to ensure that our clients take full advantage of them.
The immigration lawyers are OTS Solicitors is led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully obtaining Investor Visas for clients worldwide, including applicants from Russia, China, India and the Middle East.
Because we have a strong knowledge of both business and law, we offer high-net worth clients a full service when it comes to applying for an Investor Visa. We have developed strong working relationships with wealth management and investment companies throughout London and the rest of the UK, and collaborate with them to provide exemplary advice to our many Tier 1 Investor Visa clients.
The benefits of a Tier 1 (Investor) Visa
The Investor visa route offers a number of advantages to those who have the required £2 million in funds to invest in the UK economy. These include:
- no requirement to meet an English language requirement
- no need to have prior business experience
- you will receive residence permits within three months of applying
- an attractive tax regime for high net worth investors classed as “UK resident, non-domicile”
- access to world renowned cultural, sporting and culinary events and opportunities
- entry into some of the best universities in the world
- you can by property without any restrictions
- your children can enter school (either state or private fee-paying) straight away
- you and your family are entitled to free health care under the National Health Service (NHS)
- your partner or spouse will be able to work without restriction
- you will be entitled to fast-tracked permanent residency; within five years if you invest £2 million, three years if you invest £5 million and two years if you invest £10 million.
- the right to apply for a British Citizenship one year after obtaining permanent residence
How we can help
We have a proven track record of successfully advising high-net worth individuals on obtaining Tier 1 Investor Visas. The UK Investor Visa has the shortest application time of all the G8 countries and easy to understand eligibility criteria. We will work closely with you and/or your representatives to ensure you and your family acquire entry into the UK as soon as possible.
However, our support and advice does not end there. We will work with you and your financial advisor, to ensure that the investments you make keep you compliant with the eligibility criteria set out by the Home Office for Investor Visa holders to remain in the UK. We will also discuss your long-term objectives and advise you on how much time you can spend out of the UK if you wish to apply for permanent residence within five, three or two years.
If your application for entry clearance is refused, we will deal with the Home Office on your behalf and lodge an immediate appeal.
By engaging our immigration lawyers to help you secure a Tier 1 Investor visa, you can be confident that the application process will go smoothly. And when it comes to applying for settlement, we will assist you with obtaining both Indefinite Leave to Remain and British Citizenship.
To discuss applying for a Tier 1 Investor Visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and immigration.
Extensions and Accelerated Settlement
One of the main advantages of a Tier 1 (Investor) Visa is that it provides successful applicants the ability to apply for Indefinite Leave to Remain (ILR) within two years (depending on the amount of funds invested). One year after obtaining ILR, investors can apply for British Citizenship. The normal time it takes for visa holders to be eligible for British Citizenship is six years.
The immigration lawyers at OTS Solicitors are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully obtaining Investor Visas for clients worldwide, including applicants from Russia, China, India and the Middle East.
Because we have a strong knowledge of both business and law, we offer high-net worth clients a full service when it comes to applying for an Investor Visa. This includes specific and detailed advice on extending your stay and accelerated settlement.
Extensions
Your Investor Visa will be granted for an initial period of three years. After this you must apply for an extension, unless you are eligible for fast-track settlement.
Significant changes were made to the eligibility criteria for all initial applications in the Tier 1 (Investor) category which were submitted on or after 6th November 2014. However, the immigration rules were also amended to ensure that those who had applied for and been granted leave under the Rules in force before that date (the 'old Rules') would not be subject to the new criteria (the 'new Rules') when they come to extend their stay or apply for Indefinite Leave to Remain (ILR). Since that date, there have been two sets of eligibility criteria which apply to persons seeking to extend their stay in the Tier 1 Investor category; one set for those granted leave under the old Rules and one for those under the new Rules.
Applying for extension under the new rules
To apply for an extension under the new rules you must show:
- have invested no less than £2 million of their capital in the UK by way of certain government bonds, or share or loan capital in active and trading UK-registered companies (qualifying investments) within three months of entering the UK (unless there were exceptionally compelling reasons for the delay in investing')
- the investment has been maintained for the remaining period of leave, and;
- they must not be in the UK in breach of immigration laws, except that any period of overstaying of 28 days or less will be disregarded
Applying for extension under the old rules
To apply for an extension under the old rules, a minimum of £1 million must have been invested within three months of entering the UK.
Accelerated settlement
Since 6th April 2011, it has been possible for a person in the Tier 1 (Investor) category to qualify for ILR in the UK after whichever of the following specified continuous periods of residence in the category is relevant to them:
- two years, where the applicant has invested £10 million or more in the UK in accordance with the appropriate immigration rules
- three years, where they have invested between £5 million and £10 million, or;
- five years, where they have invested between £1 million (if they were granted leave under the immigration rules in force on or before 5th November 2014) or £2 million (if they were granted leave under the immigration rules in force on or after 6th November 2014) and £5 million
Applying for ILR after 2 or 3 years is referred to as accelerated settlement.
To qualify for ILR, those holding an UK Investor Visa must:
- have spent a specified continuous period lawfully in the UK in the Tier 1 (Investor) category (including, for persons under the old Rules, the predecessor Investor category), or an equivalent category in Guernsey, Jersey or the Isle of Man, with absences from the UK (or Guernsey, Jersey or the Isle of Man, for time spent in an equivalent category there) of no more than 180 days in any 12-calendar months during that period
- meet the Knowledge of Language and Life in the UK requirements
- not be in the UK in breach of immigration laws, except that any period of overstaying of 28 days or less will be disregarded
In addition to meeting the above common requirements, a Tier 1 (Investor) migrant whose last leave was granted under the old Rules may qualify for ILR if they satisfy the following investment requirements at the end of whichever specified continuous period is relevant to them:
- they must have a minimum of 75 points under the immigration rules. The 75 points will be awarded if they:
a) have control of at least the relevant investment amount which is held in the UK—whether this is their own or permitted joint funds, or funds which have been loaned to them by a UK-regulated financial institution provided they continue to have personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £2 million
b) have invested no less than 75% of the specified investment amount in the UK by way of qualifying UK-government bonds, share capital or loan capital in active and trading UK-registered companies, and have invested the remaining balance of the relevant investment amount in the UK by the purchase of assets or by maintaining the money on deposit in a UK-regulated financial institution
c) have maintained the relevant investment amount throughout the specified continuous period excluding the first three months of that period
Let us advise you
We have a proven track record of successfully advising high net worth individuals on extending their Tier 1 (Investor) Visas and gaining accelerated settlement.
If your application for an extension or ILR is refused, our experienced immigration solicitors will deal with the Home Office on your behalf and lodge an immediate appeal.
To discuss applying for an extension of your Tier 1 Investor Visa or accelerated ILR please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and immigration.
Your Journey To The UK
For high net worth individuals wanting to enter the UK on the Tier 1 (Investor) Visa, we can help make the journey to the UK easy. From selecting the right schools to understanding British customs and etiquette, our immigration solicitors can advise you and your family every step of the way.
The immigration lawyers at OTS Solicitors is led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully assisting applicants for UK Investor Visas for clients worldwide, including applicants from Russia, China, India and the Middle East.
A brief foray into UK Life
Property
Buying a home in the UK is relatively straight-forward and those who enter the UK on a Tier 1 (Investor) Visa can purchase a family home straight away. Many people who have entered the UK on the Investor route have brought a home in affluent London areas such as Notting Hill, Kensington, Chelsea, Belgravia and Mayfair.
Our immigration lawyers can put you in touch with real estate agents who deal in luxury London property.
Education
Britain is home to some of the best schools and universities in the world. Alongside famous public schools such as Eton, St Pauls, Cheltenham Ladies College and Harrow, there are smaller independent schools that offer first-class education and extra-curricular activities alongside exceptional pastoral care.
We can assist you with finding advisors who can organise meetings with headmasters and tours of top schools. They will also inform you of the entry requirements for individual educational institutions and organise private tutors for subjects such as music, languages and tennis.
British Culture and People
British people are generally tolerant, polite and slightly reserved. If you require help, simply ask, most people would be happy to offer assistance. But they are unlikely to strike up a conversation if they do not know you.
British people like to keep a wide area of personal space around them, so avoid standing too close. Also, don’t ask too many intimate, personal questions such as “how much do you earn” as this is considered rude, even amongst close friends.
Transport
London has five international airports and excellent road and rail connections. People drive on the left hand side of the road and the standard of driving is very courteous. There are many chauffeur companies in the city who can provide you with a car and driver if required.
How OTS Solicitors can assist you
We have a proven track record of successfully advising high-net worth individuals on obtaining Tier 1 (Investor) Visas. The UK Investor Visa has the shortest application time of all the G8 countries and easy to understand eligibility criteria. We will work closely with you and/or your representatives to ensure you and your family acquire entry into the UK as soon as possible.
However, our support and advice does not end there. We will work with you and your financial advisor, to ensure that the investments you make keep you compliant with the eligibility set out by the Home Office for Investor Visa holders to remain in the UK. We will also discuss your long-term objectives, and advise you on how much time you can spend out of the UK if you wish to apply for permanent residence within five, three or two years.
We will arrange appointments with advisors who can assist you with your move to the UK. With the help of our immigration lawyers, your move to the UK will happen smoothly and successfully.
To discuss applying for a Tier 1 Investor Visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and immigration.
Our Services
Our Investor Visa immigration department is led by our senior immigration solicitors and senior immigration consultant Mr Paul Gulbenkian. They are recognised for their experience and knowledge by the Legal500 and have established a reputation for providing flawless and strategic immigration advice, which is tailored for each of their clients. Under their leadership, our highly qualified and Law Society accredited team of business immigration solicitors advise private clients as well as corporate, major international organisations, both entrepreneurs and investors, moving to live and work in the UK.
Fast Track - British Citizenship by Tier 1 Investment
In order to qualify for a Tier 1 (Investor) visa, you must score 75 points on the Tier 1 points-based application. You will need to produce a portfolio of investments and/or money in a regulated bank.
Tier 1 Investor visa is ideal for individuals with high net worth funds wishing to invest into UK government bonds, share capital or loan capital in active and trading UK registered companies. If you have at least:
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£2 million to invest, you may be able to apply for this visa and you may be eligible for settlement after 5 years;
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£5 million for which you may be eligible for Indefinite Leave to Remain settlement after 3 years and British Citizenship thereafter; or
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£10 million for which you may eligible for settlement after 2 years and British Citizenship thereafter.
If successful, you will usually be granted an initial visa of 3 years and 4 months for entry clearance or 3 years if switching from a different category of visa if eligible to do so. An extension application (explained below) will then need to be made (if investing £2 million) for a further two years after which you may be eligible for Indefinite Leave to Remain and settlement.
You must have money of your own, under your own control, held in a regulated financial institution and disposable in the UK amounting to not less than £2 million. You must show that you are able to make an investment of £2 million or more in the UK. You may not use assets or possessions such as property as evidence of your funds for investment and you cannot invest in companies mainly engaged in property investment, property management or property development
This money may be held overseas at the time of application, but must be freely transferable to the UK and able to be converted to pounds sterling or it may already be in the UK.
You may rely on money that is owned either jointly with or solely by your husband, wife, civil partner, unmarried or same-sex partner. You must have unrestricted right to transfer and dispose of the money and you must have permission from your husband, wife, civil partner, unmarried or same-sex partner to have control of this money in the UK.
The Requirements and Eligibility Criteria
Regardless of whether your are outside the UK or have an existing visa and want to switch to the Tier 1 Investor Visa, you must have at least £2 million available to be invested in UK government bonds, share capital or loan capital in active and trading UK registered companies. The £2 million cannot be invested in companies mainly engaged in property investment, property management or property development. The investment funds must belong either to the you or your spouse or unmarried or same-sex partner, and this must be proven in terms of the amount of money and where it is held. The source of the funds must be provided if they have been held for less than three months. The funds must be disposable, held in a regulated financial institution and UK bank account must have been opened. A fee of £1500.00 for the applicant and each dependent must be paid, as well as the NHS immigration healthcare surcharge.
Applying from Outside the UK
This visa can be applied for from outside the UK if you are a non-EEA or Switzerland national. This visa must be applied for within three months of the planned date of travel to the UK. Upon arrival, the funds must be invested in qualifying investments within three months. After 2 years, if £10 million has been invested, as the visa holder, you may apply to settle and thereby obtain Indefinite Leave to Remain (ILR), or after 3 years if £15 million is invested you may also settle and receive ILR. otherwise you will be entitled to remain for up to 3 years and 4 months. The visa can be extended for up to 2 years. If the initial £2-million investment is maintained for five years, and as long as you don't leave the UK for more than six months of the year, permanent residence can be applied for.
If you wish to apply for a Tier 1 Investor Visa as a first step towards entering or remaining in the UK, contact our London office on 0203 959 9123 to talk to one of our expert business immigration solicitors.
Steps to Apply for Indefinite Leave to Remain (Settlement) in the UK
1. Extending Your Investor Visa
Your Investor Visa will expire after three years and four months. After this period, you will be able to apply for a further two year extension if your meet the following eligibility criteria:
Applications for Extension if your Investor Visa was Granted Before 6th November 2014
If you were granted an Investor Visa before 6th November 2014 can apply to extend your visa if you:
- have at least £1,000,000 under your control in the UK
- have invested at least £750,000 (or 75%) of that in UK government bonds, share capital or loan capital in active UK companies
- invested this sum within 3 months of your ‘investor start date’
Funds under your control in the UK
- This sum should include the £750,000 (or more) investment and £250,000 (or the balance needed) to bring it up to at least £1,000,000.
These funds can be either:
- your own money or your partner’s money
- money leant to you by a UK regulated financial institution, as long as you have personal assets with a value of £2,000,000 or more
Applications for Extension if your Investor Visa was Granted After 6th November 2014
If you were granted your Investor Visa after 6th November 2014, the same rules outlined above apply, except you must have at least £2,000,000 under your control in the UK.
If you wish to apply for an extension of your Investor Visa as a first step towards being granted Indefinite Leave to Remain, contact our London office on 0203 959 9123 to talk to one of our experienced solicitors.
Eligibility to Apply for Indefinite Leave to Remain (Settlement) in the UK
After meeting the required length of residence in the UK on an Investor Visa, you may apply for Indefinite Leave to Remain and settlement in the UK. Once this is granted, you will be free to live and work in the UK with no immigration restrictions and apply for British Citizenship.
Apart from your length of residence in the UK, the other requirements from being Indefinite Leave to Remain are:
- Passing the Life in the UK Test
- Passing a recognised English language test
Your Indefinite Leave to Remain status can be revoked if you spend longer than two years outside of the UK, or you commit a criminal offence.
At OTS Solicitors, we offer clear, concise advice on the steps required to apply, extend and or settle in the UK through the Tier 1 Investor Visa route. Ultimately we can assist you to obtain Indefinite Leave to Remain for you and your family in the UK. Our immigration team is meticulous in the filling in and preparing legal representations and immigration visa forms, which results in 99% of all the applications we submit being successful.
Let our immigration solicitors assist you with obtaining your Investor Visa in the UK. Please fill in our Contact Form, or call us on 0203 959 9123.
For a more detailed discussion regarding your case, or to book an appointment with a member of our business immigration team, please call us now on 0203 959 9123
Tier 1 Investor Visa Success Stories
By Hans Sok Appady and Teni Shahian
Our client was assisted by Mr Hans Sok Appadu, Trainee Solicitor, and supervised by Teni Shahiean, OTS Principal Solicitor. The client, an Indian national who was studying in the UK, wished to remain in the country to continue to invest in his studies. Following the 2016 ‘Brexit’ referendum on EU membership creating a degree of uncertainty for our client, he was keen to obtain advice from the best immigration lawyers in London. After taking time to advise on the impact this might have and after being satisfied with the opportunities the UK would continue to offer him, we were instructed to proceed with his application for a Tier 1(investor) Visa. We secured a Super Premium Service from the Home Office, ensuring that the application was dealt with efficiently. We also drafted the details of his claim, guaranteeing a successful outcome.
The client, a national of a non-EEA member country, entered the UK on a Tier 1 Investor visa, having previously resided in the UK as a student.
Re-Entered the UK as Tier 1 Investor after gratuation
While in the UK on the Student Visa, the client continued working for her family's business back home, acting as liaison for the business in the UK, the US and several EU countries. After graduating from her studies in the UK, she left the country and after a while, returned back to the country on as Tier 1 (Investor) migrant.
High Profile Investigations
During the client's residency in the UK as a Tier 1 Investor and before her leave would expire, a high-profile investigation was launched in the US that among other businesses implicated the client’s family business and the client personally into alleged counterfeiting activity. Investigations in Germany into the same business activity followed. The client's country of origin took advantage of these investigations that were being carefully followed by the media and claiming it was part of an anti-corruption and fraud campaign started against our client and several of her associates. The techniques applied by the authorities to carry out the investigations amounted to persecution of our client and others implicated. Some of her associates were imprisoned without due process. As a result of the investigation in the country of origin, a red notice was issued by the INTERPOL on our client's name. Our client was effectively in impossibility to travel and was under constant threat of being arrested on the basis of the Interpol notice.
Previous Solicitors
The client was advised by her previous solicitors to claim Asylum. The claim failed, as the Home Office found the criminal charges brought against our client to be an evidence of prosecution not persecution and therefore not being covered by the Refugee convention. Particular weight was attached to the fact that there were western jurisdictions that were also bringing charges against the client and the businesses she had worked with.
Instructing OTS Solicitors Appeals and Litigation Team
The client approached OTS Solicitors to represent her case in the appeal. At that point, as a result of her Asylum claim, her Tier 1 Investor visa had been cancelled and the Client had no alternative basis to stay in the UK apart from the ongoing appeal.
Cross-Border Jursidictions
As the case involved complex issues and cross-border jurisdictions, our Appeals and Litigation team conducted a thorough initial assessment of the case, prior to lodging the appeal. The client was meticulously advised of the strengths and weaknesses of their case, of the evidence that would be required of them to produce to strengthen the claim and on the procedures. Throughout the entire time, our Appeals and Litigation team maintained contact with the client and their overseas legal representatives, closely monitoring the development of the overseas investigations and their outcomes.
Adjournment and Best Chances of Success
To give the client the best chance of success, our team asked for adjournment of the initial hearing on the basis that the outcomes of the overseas investigations where crucial to the Asylum claim and there were clear indications that the criminal cases brought against our client in the US and German jurisdictions were going to be dismissed. Although adjournment was initially refused, our team managed to secure adjournment of the hearing on different bases, on the date of hearing. Having succeeded on this first step, the team continued to work tirelessly to secure the best result for our client.
Overseas Representative
Our Appeals and litigation team continued to maintain close contact with the overseas representatives and monitor the cases that eventually were dismissed, all the charges against our client being dropped in the US and Germany. The country of origin, however continued to persist in their criminal proceedings against our client.
UK Human Rights Obligation and Violations of Refugee Convention
Before the Tribunal, evidence was produced of the country’s record of Human Rights violations during the investigations of crimes, together with evidence that fair trial was unlikely to be accessible to our client. Further to this, evidence was produced on the prison conditions in support of the argument that returning the client to her country of origin knowing that the custodial sentence was highly likely to be applied, was already a violation of the UK’s obligations under the Refugee Convention.
Appeal Allowed on Human Rights Article 3 Grounds and Refugee Convention
The client’s appeal was allowed and it was considered that returning the client to her country of origin would result in the UK’s breach of obligations under the Refugee convention, as they would face violation of their rights under Article 3 and of the European Human Right Convention.
Solicitor – Teni Shahiean– CEO and Founder of OTS Solicitor, UK Immigration Law Specialist
Background
Teni's client is an Iranian national who came to OTS after his Tier 1 (Entrepreneur) Visa was refused twice following the applications being made by another immigration law firm. Our client was not happy with the service he received from his previous immigration solicitor and felt that after talking to Teni and Maryem, he would receive the best service available from OTS Solicitors.
UK Visas & immigration first refused our client because they believed that he was not a director of a company. The second time he was refused was because the department claimed he had not properly invested the required £200,000.
How we helped
Teni began by investigating the first two initial refusals. She found that UK Visa & Migration had not considered our client’s Certificate of Directorship and had ignored invoices that showed he had invested in his company in a way that is required by the immigration rules.
We have submitted a Pre-Action Protocol on our client’s behalf, alerting the Home Office that we will be challenging the decision via Judicial Review. Teni and her team are currently negotiating with the Home Office to try and reach an early settlement.
Follow-up Support
We will continue to work with our client after his Tier 1 (Entrepreneur) Visa is approved; assisting him by ensuring he understands the residency requirements for applying for Indefinite Leave to Remain. We will also work with him and his staff to ensure his business is continuing to be compliant with UK immigration laws and policies.
Our client TZ, a national of China, approached OTS Solicitors after refusal of her Leave to Remain as a Tier 1 Entrepreneur Visa and a high net worth investor. She had previously been granted leave to enter as Tier 1 Entrepreneur applicant and had established successful businesses in the UK into which she had invested significant amount of funds. At the time of her extension application she was the director of the company she incorporated and was employing 4 workers.
Her Tier 1 Entrepreneur extension application was refused for alleged failure to provide a piece of specified evidence. As our client approached our business investment and immigration department after refusal of her application that carried a right of administrative review our business immigration lawyers conducted an initial consultation to assess the reasons of refusal and any possible grounds of challenge.
The client was advised that the missing evidence was not mandatory, as the other documents provided with her Leave to Remain application provided the specified information. She was also advised of her options and that administrative review was her next step as an investor she would not have a right of appeal. She was advised that this was a statutory remedy and, although it was unlikely to succeed due to the Home Office established practice of refusing administrative review requests, our lawyers explained that any Judicial Review claim was unlikely to succeed if administrative review was not sought.
While administrative review was pending, our investment and Tier 1 Entrepreneur immigration team requested the client's file from previous representatives, in order to carry full assessment of the case to detect any possible and hidden issues that might lead to further refusals.
After receiving the expected refusal of the administrative review, our lawyers issued the Home office with a pre-action letter requesting withdrawal of the erroneous decision and reconsideration of our client's Tier 1 entrepreneur decision. Our business immigration lawyers argued that specified information had been provided and as such was sufficient. Further to this, argument was made, based on home office evidential flexibility policy, that the Respondent should have requested any such further evidence they felt necessary for considering the application.
No response was received in the 14 days allowed for the Respondent to respond to the pre-action letter. Judicial Review proceedings were started and lodged. On the same day, after the lodging of the Judicial Review claim, response was received from the Respondent, agreeing to reconsider our client's application. Negotiations started with the Respondent to settle the Judicial Review claim and the Respondent, also agreed to pay our client's costs.
Shortly after, our business immigration team was contacted by the Home Office confirming a new decision was made and that our client was to be granted 2 years further leave in Tier 1 Entrepreneur category and our client would continue to invest in ther UK businesses.
Your Questions & Our Answers about Tier 1 Investor Visa
Thank you for your enquiry.
Our success rate dealing with business visa is extremely high. We have a team of Legal 500 ranked lawyers with extense experience in dealing with all sorts of business immigration related matters.
Please call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact so we can assist you.
Dear Sir/Madam,
Many thanks for your Tier 1 investor visa enquiry.
There are various requirements you will need to meet to be eligible for the Tier 1 investor visa. The Tier 1 Investor visa is ideal for individuals with high net worth funds wishing to invest into UK government bonds, share capital or loan capital in active and trading UK registered companies. You will firstly be required to show you have access to the required fund, and that you have held the funds for the required time frame. Please note, the Tier 1 investor visa route will be suspended this Friday (7/12/18). We understand this will be until an audit process is introduced. Our solicitors will contact you shortly to discuss your matter further.
Dear Sir/Madam
We note your enquiry. In terms of applying from inside the UK, it is unfortunately not possible as you only hold visitor visas. You will need to apply from your country of long-term residence. Regarding your other question, we will contact you by email to address it.
Dear Sir
Thank you for your enquiry. We note you are planning to apply for an Investor visa. We can confirm that there is no English language requirement under this visa category.
Our business immigration solicitors will contact you shortly to discuss the various Tier 1 Investor visa requirements.
Thank you for your question.
I understand you are looking at visa options for your parents to invest in the UK.
The requirements of the Entrepreneur category are that an applicant must be able to show access to £200,000 in cash funds, and satisfy the English Language requirement. There is also a maintenance requirement where a certain level of savings must have been maintained for 90 days before making the application.
The requirements for the investor visa include that you must have at least £2 million investment funds to invest in the UK.
Dear Mr Nankani, investment for the purposes of the Tier 1 Investor visa must be made way of investing into UK Government Bonds; or Company Share Capital or Loan capital in active and trading UK registered companies. Investment cannot be directly made into the UK Equities market. You would be entitled to Citizenship upon meeting the residency requirements at the time. Marriage to a British Citizen would make a difference to the residency requirements for the purposes of Naturalisation, however, you have been granted Indefinite Leave to Remain on the 5 year partner route under Appendix FM. For a comprehensive discussion of your enquiry, a qualified immigration advisor from OTS Solicitor shall contact you shortly.
Please could you advise which Tier 1 application you made and the reason that you did not travel prior to your leave expiring. Generally if you have not travelled during the period of time prior to your leave expiring you will not be able to obtain a new grant of leave without making a fresh application. However, there are some exceptions.
Dear Sir,
Thank you for your enquiry.
In regards to your background experience in construction and civil engineering, if you can show the transferable skills you would have in managing a IT business in the UK then it may be possible for you to qualify under the genuineness test for Tier 1 Entrepreneur Visa. You will be required to submit the right type of evidence in support of your application. We will be able to assist you with this.
Someone will be in touch with you shortly to see how we can help you further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.
We look forward to hearing back from you soon.
Kind Regards,
OTS Solicitors
Thank you for your email to OTS Solicitors.
After reading your query, I am confident that we can advise you regarding your case.
This is something that our firm routinely deals with. I would suggest that we arrange a consultation to discuss your case further. The following is not an exhaustive list and should not be taken as legal advice until we have your full instructions. However, there are certain requirements you will need to show:
• £200,000 GBP to invest in your proposed business in the UK, or £100,000 GBP if you are part of an entrepreneurial team of two partners
• Or you may have access to £50,000 to invest in your business from a venture capital firm regulated by the FSA
• Evidence of a genuine and viable business plan
• Evidence of your English language ability and that you have sufficient funds to maintain yourself in the UK.
Without taking your full instruction we are unable to advise you, and kindly ask that you confirm your availability for an appointment with us this week/next week?
We look forward to hearing back from you soon.
Best regards,
Hello,
Thank you for your question. Your case raises certain complex matters which our business immigration lawyers for UK residents are confident they can assist and advise you on. We would be able to offer you assistance as part of a one-off consultation for Entrepreneur Visas, or otherwise as part of our full representation service to assist you throughout the legal process of obtaining your Tier 1 Entrepreneur Visa.
Unfortunately we are not open on Sundays, however, your immigration query has been forwarded to the relevant business immigration team and your immigration lawyer will be in touch with you on Monday 23rd November 2015 to explain how to proceed for the best outcome in your immigration case.
Kindest Regards
OTS Solicitors
[This question has also been answered by our lawyers privately by e-mail]
