The Tier 1 (Investor) visa is the primary route to obtain UK citizenship by investment, offering a fast-tracked path for investors to British citizenship.
This specialist investment visa allows holders and their dependants to reside in the UK and ultimately become eligible for UK citizenship where they satisfy the eligibility criteria.
Applicants, for example, will have to invest a minimum amount of investment into the UK and maintain that investment during their residency. You have to make investments in active and trading UK-registered companies, with no donation required. You may also be able to benefit from the n on-domiciled tax regime for residents in the UK.
Application processing for the Tier 1 investor visa is typically faster than other routes, can be completed within as little as 4 weeks.
Compared with other UK immigration routes, the Tier 1 investor visa is also relatively relaxed in the activities visa holders are allowed to do.
A Tier 1 Investor visa permits the holder to live, work and study in the UK for up to three years and four months. The applicant’s spouse and any children under the age of 18 years can also apply to join the principal visa holder as dependants. Your children will be able to take advantage of the UK’s world-class education system.
However, holding a Tier 1 (Investor) visa does not allow you to receive public funds, such as benefits and tax credits, on the basis that you have sufficient private funds to be able to live in the UK.
In addition, you may not work professionally as a sportsperson or coach or, except in specific cases, train as a doctor or dentist.
You can come to the UK with a Tier 1 (Investor) visa for a maximum of 3 years and 4 months and you can apply to extend your Tier 1 (Investor) visa for a further two years.
For the Tier 1 investor visa to be open to you as a route to British citizenship by investment, you will need to satisfy the visa eligibility requirements. You must have at least £2 million to invest in the UK and be at least 18 years of age.
Your funds must be:
Your money can be in the UK or overseas when you apply.
You will not need to pass any English language requirements for the investor visa, although this is a requirement if you subsequently apply for ILR and citizenship.
Strict rules apply to the investment funds.
The investment amount being relied on for the application must be deposited in an account at a UK regulated bank. It must be in pounds sterling. You will need to prove the money belongs to either you or your husband, wife, unmarried or same-sex partner, and that the funds are disposable and available for use in the UK.
It must be invested in an actively trading company which is registered in the UK. It cannot be held in assets or property.
No later than 90 days after receiving your visa, the funds must be invested in share and/or loan capital in an actively trading company which is registered in the UK and an investment of at least £2 million needs to be maintained throughout the visa period, although it is permitted to withdraw income earned from the investment.
It is important that you consider these investments carefully as some types are not allowed under the visa terms, such as, investment in certain property companies and open-ended investment companies or OEICs.
If you decide to sell an investment, a new investment must be acquired for no less than the sold price. The new investment must be purchased by the earlier of the end of the reporting period or the date falling six months after the sale.
Although the funds do not need to be in the UK at the time of application, it is important that you check for any regulations or sanctions in the country in which they are held as these could cause difficulties in transferring the funds to the UK.
The application for a Tier 1 (Investor) visa cannot be made more than three months before you travel to the UK.
In order to apply for a Tier 1 (Investor) visa, you will in most cases need to make an online application.
Extensive documents and evidence to support your eligibility and that the investment funds meet the criteria must be provided as part of the application process. The applicant documents include:
A criminal record certificate is required to be provided in relation to any country in which you have lived for at least one year in the last ten years. This one-year period does not need to be continuous. The certificate must be recent, that is, provided within six months of your visa application.
Applicants from certain countries will also need to undertake a tuberculosis test and provide the results to the Home Office.
The investment fund documents primarily relate to evidencing the applicant’s ownership of the funds and comprise:
If the funds belong to your spouse or partner, additional evidence will be required as follows:
A certified translation will also be required if any of the application documents are not written in English or Welsh.
In addition, you are required to submit your biometric details so that you can be granted a biometric residence permit.
The Home Office should inform you of its decision regarding your application within three to four weeks of your application date. In the event that any documents are not provided or are incorrect, the Home Office will contact you and require you to provide the correct documents within ten working days.
The current application fee for a Tier 1 (Investor) visa is £1623 (as at April 2021). In addition, you will need to pay the Immigration healthcare surcharge for the duration of the visa.
If you are granted a Tier 1 (Investor) visa and your application was made in the UK, your residence permit will be sent to you. If, however, your application was made from outside the UK, you will need to collect your residence permit once you arrive in the UK. This will be from either a Post Office or your sponsor (if applicable). The collection point will be set out in the decision letter that you receive from the Home Office.
It is important that your residence permit is collected no later than ten days after your arrival date as stated in your application, notwithstanding the actual date of your arrival. For example, if your application stated that you would arrive in the UK on 2 September, you must collect your residence permit by 12 September, even if your actual arrival date was 10 September.
If your application for a Tier 1 (Investor) visa is not successful, take advice on your options in light of the grounds for refusal.
A key feature of the investor visa is that it can lead to UK citizenship for the visa holder and their visa dependants in a shorter time than most other UK visa catgories.
The holder of a Tier 1 (Investor) visa can apply to settle in the UK under Indefinite Leave To Remain in the UK (ILR) after a certain period of time. This qualifying period varies depending on the amount that you have invested in the UK. If you:
With 12 months of ILR, you then become eligible to apply to naturalise as a British citizen. To apply, you must:
You will also need to show you have passed the Life in the UK test, that you meet the English language requirement and that you satisfy the general grounds for admissibility such as passing the good character requirement.
If you are granted citizenship, you can apply for a British passport. A British passport enables you to travel visa-free to over 150 countries, including the USA under the visa waiver program.
There are various visa options to reside in the UK and it may be that an alternative to the Tier 1 (Investor) visa is more appropriate for you for citizenship by investment. For example, the Innovator visa is directed at entrepreneurs. To apply for the Innovator visa, you must satisfy the following requirements:
The innovator route can lead to UK settlement after 3 years if you are eligible.
While the investment amount is considerably less than the investor visa, you will under the innovator route have to show you will be active in directing the business.
The route from UK visa to residency and citizenship is challenging to navigate. It requires careful planning of the investment activity to ensure compliance with the strict Home Office requirements. Each individual application will demand extensive preparation to evidence your eligibility as an individual and your investment activity.
We work closely with investors, wealth managers, leading UK banks and other advisors in preparing and submitting visa applications for investors, entrepreneurs and their families.
As a dedicated team of immigration lawyers we can assist you with:
UK immigration rules are subject to constant change and revision, making it critical that applicants obtain up-to-date legal advice before making their applications. As specialists in UK immigration, we work with individuals from across the globe seeking residency and citizenship in the UK. We can support you and your family through the Home Office application process, providing expert advice and assistance to overseas investors looking to enter the UK through the Tier 1 investor visa category. Contact us for specialist advice.
To apply for a Tier 1 investor visa, you will need to make a qualifying investment of £2,000,000 to settle in 5 years, £5,000,000 to settle in 3 years or £10,000,000 to settle in 2 years.
Investors cannot rely on investment in UK property assets as the basis of an application for residency or citizenship.
Provided you meet the eligibility requirements to naturalise as a British citizen, you will need to make an application and pay the Home Office application fee of £1,330.
Last updated: 27 March 2021
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
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