TIER 1 (Investor)

The TIER 1 (Point Based System) has already been launched and is currently active. This has affected a large number of applicants who wish to apply for Highly skilled migrant programme (Tier 1 General), Business person visa (Tier 1 Entrepreneur), Investor visa (Tier 1 Investor) and Post study work visa.

Tier 1 (Investor)

The applicants are required to score at least 75 points in total to successfully apply for the required visa and he can claim following points under the various heads:

A. Scoring Sections

I Attributes

Initial Application

The applicant has to score 75 points under this section that can be claimed:

Either by providing documentary evidences of having at least £1 million of his own held in a regulated financial institution and disposable in the UK : 75 points (max.)

Or by providing documentary evidences of having personal assets worth more than £2 million and also having arranged a loan of £1 million from any financial institution regulated by FSA: 75 points (max.)

The applicant must claim 75 points using one of the above mentioned options to qualify for this visa.

Extension Application

The applicant has to score 75 points under this section that can be claimed:

By providing documentary evidences that the applicant has money of his own under his control in the UK amounting to not less than £1 million (Max. 30 Points).

Or

By providing documentary evidences that the applicant owns personal assets having a value exceeding £2 million and the applicant has got money under his control held in a regulated financial institution and disposable in the UK amounting to no less than £1 million that has been loaned to him by a financial institution regulated by the FSA. (Max. 30 Points).

By providing documentary evidences that the applicant has invested not less than £750,000 of his capital in the UK by way of UK Govt. bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment. (Max. 30 points)

By providing documentary evidences that the investment has been made within 3 months of obtaining entry clearance / leave to enter / leave to remain and that the investment has been maintained for the whole of the remaining period of that leave. (Max. 15 points)

Or

By providing evidence that the applicant has or was last granted entry clearance, leave to enter or leave to remain as an Investor. (Max. 15 points)

The applicant can only claim 75 points if he can provide the relevant documentary evidences and claim points under all the sub sections mentioned above.

II English Language

Tier 1 (Investor) migrants do not need to provide any evidence of their competency in English language and are exempt from this requirement.

III Maintenance

Since Tier 1 (Investor) migrants will be bringing considerable amount of money to the UK , they are also exempt from the general requirement of providing evidences of their maintenance in the UK .

B. Source of Funding

If the money has been held in the bank account or portfolio for less than 3 months, then it is necessary to give evidence of source of savings. The source of funding can be one of the following:

• Gift
• Sale deed
• Evidence from a business
• Will
• Divorce Settlement
• Award or winnings

If the money has been held in the bank or portfolio for more than 3 months, then there is no requirement to provide source of income / savings.

C. Duration of Tier 1 (Investor)

The first time applicants will be given 3 years visa whether they apply for entry clearance or switch from another immigration category.

Those who are on Tier 1 (Investor) will get extension for 2 years to enable them complete five years residence in the UK and apply for ILR.

D. Switching Rules

Into Tier 1 (Investor):

Following persons will be able to switch into Tier 1 (Investor):

• A highly skilled migrant
• A Tier 1 (General) migrant
• A Tier 1 (Entrepreneur) migrant
• A Tier 1 (Post – Study) migrant
• A Business Person
• An Innovator
• A student
• A student nurse
• A student re-sitting an examination
• A student writing up a thesis
• A work permit holder
• A writer, composer or Artist
• An Investor

Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (Investor) while remaining in the UK , unless there are truly compassionate circumstances.

E. Dependants

Tier 1 (Investor) migrants will be able to invite their spouse / unmarried partner / civil partner and children under 18 years of age to join them as dependants. The dependants will be given full rights to work in the UK apart from working as a trainee doctor.

F Settlement Prospects

Although the persons on above mentioned visas are allowed to switch to Tier 1 (Investor) visa, only those persons whose previous leave to remain was under investor category will be able to use time spent on their visas towards 5 years residence criteria for ILR.

It means that if a work permit holder having already spent 3 years on work permit, switches to Tier 1 (Investor) category, will lose that 3 years time for settlement purposes and have to complete 5 years on Tier 1 (Investor) to become eligible for permanent settlement.

Those who have completed a total of five years in a combination of Investor or Tier 1 (Investor) visa will be able to apply for Indefinite leave to remain one month before completing their five years.

G. Administrative Review (Entry clearance applications only)

If the entry clearance application is refused by the ECO in the British Diplomatic post, the applicant will be given a right of making a request for a review of the decision that must be exercised within 28 days of the date of service of decision. The applicant will only be able to rely on the information / documents already submitted with the application and will not be allowed to provide / submit any fresh documentary evidences with the review request.

It is therefore strongly advised to take professional help while making grounds for making review request.

H Appeals (In country Applications only)

The applicants whose Tier 1 applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision. In these appeals, the applicant will however be allowed to make use of fresh documentary evidences / information in support of his appeal against the decision of the UKBA. The applicant will have 10 working days from the date of service of decision to lodge an appeal against that decision.

It is strongly advised to take independent professional assistance to lodge an appeal against the decision of the UKBA.

I. What services we can offer?

• We can advise on the procedure, requirements and merits of making an application to the home office / British Diplomatic post.
• We can provide assistance in completing the application forms and advise on the list of required documents.
• We can advise and represent our clients in making representations in support of their immigration matters.
• We can advise and represent our clients’ dependant to seek dependant visas in line with the visa of the main applicant.
• We can lodge an appeal (in-country only) or make a request for an administrative review if the applicant`s entry clearance application is turned down for some reason.
• We can advise in making permanent residence (ILR) applications for those who have already completed their five years period in the UK.

Whatever the case, we are here to help, assist, advise and represent our clients in relation to any aspect of the immigration matters of our clients.