Tier 1 Investor Visa Application

Looking for a highly credible Immigration Solicitor in London for your Tier 1 Investor Visa application? At Chauhan Solicitors you shall get 100% accurate UK Immigration advice and a promising customer service.

Call us on 0203 514 2536 and make an appointment with the best Immigration Lawyer in UK.

Google Rating
5.0

Contact Us



Please enter the details of your request. A member of our team will respond as soon as possible.





Tier 1 Investor is an UK investment visa category of the point-based system PBS that allows the applicant and Tier 1 Investor Dependents to enter or remain in the UK on the basis of their investment. Tier 1 Investment category leads to UK settlement, by making an application for Indefinite leave to remain in the UK as Tier 1 Investor.

The minimum investment required for Tier 1 Investor category is £2 million, which must be invested in the UK economy within 3 months from the date of leave to enter or leave to remain in the UK.

TIER 1 INVESTOR REQUIREMENTS

We can advise and represent our clients in making their UK Tier 1 Investor application which can be made either from overseas or from inside the UK depending whether he / she is eligible to switch to Tier 1 Investor Category within the UK.

The Applicant must demonstrate that he/she has access to at least £2 million under his own control in a regulated financial institution and the money is disposable in the UK.

Furthermore, the applicant is required to have a bank account with a UK regulated bank for the purposes of investing not less than £2 million in the UK.

From 29th of March 2019, the Home Office has announced further changes in the UK Immigration Rules for initial entry into Tier 1 Investor rules. These include lengthening the period for which funds must be held prior to applying from 90 days to two years. The requirement to open a UK bank account before applying for UK investor visa is being tightened to make explicit that the bank must carry out all required due diligence checks.

Transitional arrangements for current investor visa holders will be in place until 5 April 2023 for Tier 1 Investor extension applications and 5 April 2025 for Tier 1 Investor settlement applications. Successful Tier 1 (Investor) Migrants who apply for an extension of UK Tier 1 Investor visa from abroad will be granted 2 years and 4 months leave.

The initial leave (visa) is granted for a three year and four months` time period that can be extended for a further two years from within the UK. Once the applicant maintains at least £2 million of investment, he and his family members become eligible for ILR Indefinite leave to remain in the UK upon completion of 5 years. This time period can be reduced to three or two years if the UK Tier 1 investor maintains the investments for at least £5 million or £10 million.

English Language requirements for UK Tier 1 Investor Visa

Ability to communicate in English language is an essential and necessary part of the whole point-based system however Tier 1 Investor migrants or his / her dependents have been exempted from taking English language test.

Maintenance requirements for UK Tier 1 Investor Visa

As the Tier 1 Investor Migrant and his / her dependents will be high net worth individuals, they would not be required to provide any evidence of having funds for their maintenance in the UK.

SWITCHING TO TIER 1 INVESTOR VISA

We can advise and represent our clients in making their initial application which can be made either from overseas or from inside the UK depending on the factor whether he / she is eligible to switch to this category or not.

Applicants having leave to remain under the following categories my switch to Tier 1 Investor visa while remaining in the UK:

  • A High skilled migrant
  • A Tier 1 General Migrant
  • A Tier 1 Entrepreneur Migrant
  • A Tier 2 Migrant
  • Tier 4, provided they meet a set criteria
EXTENSION OF TIER 1 INVESTOR VISA

Requirements for Tier 1 (Investor) extension application under the Rules prior to 6th November 2014

Tier 1 Investor Migrant must show he has access to a minimum of £1 million in the UK.

OR

The Tier 1 Investor can use personal assets, which taking into account any liabilities to which they are subject, have a value of not less than £2 million and have money under their control and disposable in the UK amounting to not less than £1 million which has been loaned to the Tier 1 Investor by a UK regulated financial institution.

AND

Additionally, the Tier 1 Investment applicant must show that they have invested not less than £750,000 of their capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment; and have invested the remaining balance of £1 million in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

AND

Have made the investment referred to above:
i) within 3 months of  entry into the UK, if tier 1 migrant was granted entry clearance as a Tier 1 (Investor) Migrant and there is evidence to establish their date of arrival in the UK,
ii) within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 (Investor) Migrant,

OR

iii) where the investment was made prior to the first grant of leave as a Tier 1 (Investor), no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant

Requirements for Tier 1 Investor visa extension application under the rules after 6th November 2014 and before 28 March 2019.

The Applicant must show that he/she has invested minimum £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies

You must show that the above-stated investment was made within 3 months of your entry to the UK or within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 (Investor) Migrant

You must show that you have maintained your investment to the specified level throughout your leave

You must score at least 75 points for the above-mentioned attributes (Appendix A of the Immigration Rules).

If the Tier 1 Investor Migrant satisfies all of the above-stated requirements they will be given a further 2 years extension after which they might be in the position to apply for a UK settlement.

INDEFINITE LEAVE TO REMAIN TIER 1 INVESTOR ILR

Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions. Here we will discuss about applying for ILR on the basis of having completed the required time period and compliance with the relevant immigration rules.

Requirements for Tier 1 (Investor) Indefinite Leave to Remain ILR application for those Tier 1 Investor Migrants who were given entry clearance or leave to remain under the rules prior to 6th November 2014

  1. ILR Upon Completion of 2 years of residence under Tier 1 Investor (Accelerated Route)

The Tier 1 Investor Migrant must have money of his own under his control in the UK amounting to not less than £10 million or owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £20 million; and has money under his control and disposable in the UK amounting to not less than £10 million which has been loaned to him by a UK regulated financial institution,

Tier 1 Investor Migrant must have invested not less than 75% of the £10 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, and has invested the remaining balance of the specified invested amount in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

Tier 1 Investor Migrant must have spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The investment referred to above was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment must have been maintained throughout the time spent with leave as a Tier 1 (Investor) Migrant in the UK.

  1. ILR Upon Completion of 3 years of residence under Tier 1 Investor

The Tier 1 Investor Migrant must have money of his own under his control in the UK amounting to not less than £5 million or owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £10 million; and has money under his control and disposable in the UK amounting to not less than £5 million which has been loaned to him by a UK regulated financial institution.

Tier 1 Investor Migrant has invested not less than 75% of the £5 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, and has invested the remaining balance of the specified invested amount in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

Tier 1 Investor Migrant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The investment referred to above was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the time spent with leave as a Tier 1 (Investor) Migrant in the UK.

  1. ILR Upon Completion of 5 years of residence under Tier 1 Investor

Tier 1 Investor Migrant must have money of his own under his control in the UK amounting to not less than £1 million or owns personal assets which, taking into account any liabilities to which they are subject, have a value of not less than £2 million; and has money under his control and disposable in the UK amounting to not less than £1 million which has been loaned to him by a UK regulated financial institution,

Tier 1 Investor Migrant has invested not less than 75% of the £1 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies, and has invested the remaining balance of the specified invested amount in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

Tier 1 Investor Migrant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The investment referred to above was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the time spent with leave as a Tier 1 (Investor) Migrant in the UK.

Requirements for Tier 1 (Investor) ILR application for those applicants who were given entry clearance or leave to remain under the rules after 6th November 2014

  1. ILR Upon Completion of 2 years of residence under Tier 1 Investor

The Tier 1 Investor Migrant must have invested money of his own under his control amounting to at least £10 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies.

The Tier 1 Investor Migrant must have spent 2 years continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The investment of £10 million must have been made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the relevant 2 years’ time.

  1. ILR Upon Completion of 3 years of residence under Tier 1 Investor

The Tier 1 Investor migrant must have invested money of his own under his control amounting to at least £5 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies.

He must have spent 3 years continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The investment of £5 million must have been made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the relevant 5 years’ time.

  1. ILR Upon Completion of 5 years of residence under Tier 1 Investor

The Tier 1 Investor migrant must have invested money of his own under his control amounting to at least £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies.

He must have spent 5 years continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period.

The investment of £2 million must have been made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant. The level of investment has been at least maintained throughout the relevant 5 years’ time.

English Language requirements for Tier 1 Investor Indefinite Leave to Remain ILR

Tier 1 Investor Migrant can prove English language requirements by having either:

  • an English qualification at B1, B2, C1 or C2 level
  • a degree taught or researched in English
  • national of an English-speaking country

Life in the UK Test for Tier 1 Investor ILR

Another important part of fulfilling the knowledge of language and life requires the Tier 1 Investor Migrant to pass the Life in the UK test.

The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.

DEPENDANTS OF TIER 1 INVESTOR MIGRANT

Spouse / Civil Partner / Unmarried Partner of the applicant and their children who are already on dependant visas, may also apply for ILR provided they also fulfil relevant criteria. If the partner has joined them before 09th of July 2012, he or she must have remained in the UK for two years’ time, otherwise he / she must have completed at least 5 years of residence in the UK as the applicant`s dependant, in order to apply for ILR.

If the Tier 1 Investor Migrant dependants have not completed the required time period then they would need to apply for further leave to remain application while the main applicant may proceed to apply for ILR.

ADMINISTRATIVE REVIEW TO CHALLENGE REFUSAL OF TIER 1 INVESTOR VISA

Since appeal rights have been taken away from most of the UK Immigration categories, the Tier 1 Investor Migrant whose Tier 1 Investment visa entry clearance applications or Tier 1 Investment leave to remain application or Tier 1 Investment Indefinite leave to remain application is refused, they are given a right of administrative review to challenge refusal of Tier 1 Investment application.

This is a procedure where the applicant is given an opportunity to challenge the refusal by providing relevant arguments or documents in some cases.

It is mandatory for the Home Office to give reasons of refusal along with the notice of decision and to inform the applicant about their rights of administrative review. The reasons of refusal shall disclose all the issues / concerns of the Home office which have been identified by the Immigration or Visa officer on the basis of the information / documents provided by the applicant or the information already held on record by the Home Office.

Time to Lodge Administrative Review for Tier 1 Investor

The Tier 1 Investor visa applicant are required to make administrative review application within 14 calendar days to the Home Office. It is really important to meet the deadline as otherwise the Home Office may reject the application unless exceptional reasons for the delay have been provided.

Grounds of Administrative Review for Tier 1 Investor

One has to carefully consider and draft the grounds on which he or she may rely in their administrative review applications to challenge refusal of Tier 1 Investment visa application. This is an opportunity for the Tier 1 Investor applicant to address all the concerns and issues raised in the notice of decision and the reasons of refusal of their immigration application. When challenging the Tier 1 Investment visa refusal by way of Administrative Review, it would also be useful to refer to the information or the documents already provided with their application and highlighting any relevant sections by providing detailed explanations.

Drafting grounds of Tier 1 Investment visa administrative review is a specialized area of immigration work and should therefore be left for the experts to handle it.

Outcome of administrative review

Once Tier 1 Investment visa Administrative review is lodged, a different caseworker considers the grounds of administrative review and may make one of the following decisions:

    1. He may overturn the original decision and issue visa to the applicant.
    2. He may maintain the original decision along with all the reasons of refusal; or
    3. He may maintain the original decision of refusal but may decide to withdraw one or more reasons of refusal; or
    4. He may maintain the decision but with different or additional reasons to those specified in the decision under review.

Effect of Tier 1 Investor Administration Review

The applicant’s leave to remain remains in place by virtue of paragraph 3C of the Immigration Act 1971, till the decision of the administrative review provided he had valid leave to remain prior to making the relevant immigration application. He will not be eligible to make a fresh application whilst the decision on the Administrative Review is pending.

Further Options

If the decision maker maintains the decision of refusal, the applicant may make a fresh application within 14 days from the date of refusal of administrative review or may also lodge Judicial Review proceedings if it is considered that both the decision maker of the original application and of the Administrative review application made an error in the consideration of the said applications.

Again, it is extremely important to seek professional help in making decision whether to make a fresh visa application or to proceed in the Judicial review or to choose both, depending on the individual’s circumstances.

JUDICIAL REVIEW APPLICATION JR AGAINST REFUSAL OF TIER 1 INVESTOR EXTENSION APPLICATION

A Judicial Review is a check and review procedure conducted by the Upper Tribunal (Immigration & Asylum Chambers) or the High court on the decisions made by the executive body (i.e. Home Office).

If the Home Office decides to maintain the Tier 1 Investor Refusal decision as a result of administrative review application, the applicant may lodge judicial review proceedings against the refusal decision of their Tier 1 Investor Application. There is a 3 months’ time limit on bringing the Judicial Review proceedings against the refusal of Tier 1 Investor Extension Application.

Pre-Action Protocol against the Refusal of Tier 1 Investor Extension application

Generally, the first step being a Pre-Action protocol letter is issued to the Home Office before initiating Judicial Review JR process in the Upper Tribunal (Immigration & Asylum Chambers).

It is really important to assess the details of the matter, analyze the merits and proceed most effectively in order to obtain relief. This is an opportunity given by the claimant to the litigation team of the Home Office to review the matter in the light of the representations or submissions made in the Pre-action protocol letter. We generally give 14 days of notice to the Home Office to respond to our Pre-action Protocol letter.

The most important thing is to identify the issues raised by the Home office and to see whether a fair decision has been made in the light of the information or documents available. Our job is to address those issues effectively and make a good case for the litigation team to review the decision. We have been quite successful in persuading litigation team of the Home Office in reconsidering the decision and a number of our clients did not need to go further in the Judicial Review process and thus were given relief just on the basis of the pre-action protocol letter.

Permission Application (on papers) – Grounds of Judicial Review

If the Home office Litigation Team refuses to overturn the decision, we then, subject to merits, lodge JR review permission application in the Upper Tribunal against the Refusal of Tier 1 Investor Application.

Time to Lodge JR Application against the Refusal of Tier 1 Investor application

The deadline to lodge Permission application for Judicial Review is 3 months.

Grounds of Judicial Review against the Refusal of Tier 1 Investor application

One has to carefully consider and draft the grounds on which he or she may rely in their permission application for Judicial review to the Upper Tribunal. The main point here is to identify an error of law in the notice of refusal of Tier 1 extension application. In case of an entry clearance application, it needs to be assessed whether the visa officer (ECO) has made a fair decision in the light of the relevant law, rules or regulations with reference to the decisions of the superior courts. It requires a wealth of expertise and experience to draft good grounds in such matters enhancing the chances of success.

Once Judicial Review is lodged, the Respondent i.e. the Secretary of State for Home Department has 6 weeks to file “Acknowledgment of Service” along with the grounds of defense. The Upper Tribunal taking account of arguments and documents presented by both parties, then makes a decision in due course.

The Upper Tribunal may take one of the following actions:

  • Grant permission for Judicial Review on all grounds
  • Grant permission for Judicial Review on one or more grounds
  • Refuse permission to bring Judicial Review against the refusal of Tier 1 Investor application

Whatever stage we come on board, we make sure to work in the best interests of our clients and have successfully represented many of our clients in such matters.

Why to instruct Chauhan Solicitors to Apply for Tier 1 Investor Visa Application

We are a city law firm, specializing in UK Immigration matters. We are located in Central London, therefore conveniently accessible to Londoners and clients in other parts of the UK. Moreover, since all the UK immigration Applications can be submitted online, it has become easier for us to take instructions from anywhere in the world. We have been advising our clients successfully to apply for Tier 1 Investor Visa Application

Tailor-made Solutions for you

No two immigration matters can be the same. We have a tailor-made solution for every immigration matter and in order to achieve the best outcome we follow a strict strategy.

 

Our Working Strategy

 

We are confident about our services

We believe in giving honest & unparalleled advice to you. We work in complete confidence, as your partners, in sorting out your immigration matters. We have teamed up with the best immigration barristers who specialise in UK Immigration Laws and are well equipped to represent you in any complex immigration matter. Our excellent REVIEWS vouch for our legal competence, vast knowledge and diligent work attitude.

We have hundreds of satisfied clients. According to our clients, we are the Best Immigration Solicitors in London. We invite you to view our online REVIEWS allowing you to make an informed choice when instructing one of the best London immigration solicitors to represent you.

Our team of best Immigration Solicitors of London are just a phone call away at 0203 514 2536 or info@chauhansolicitors.com