Non-EEA Businesspersons who would like to move to the UK to invest their funds or establish, take over or invest in existing UK business may wish to consider applying for Tier 1 Investor Visa or Tier 1 Entrepreneur Visa. In order for your application to be successful, you must satisfy certain requirements and different criteria may apply depending on whether you have access to investment funds of £50,000, £200,000 (Tier 1 Entrepreneur) or £2,000,000 (Tier 1 Investor). Our experienced solicitors will guide you through the main differences between these two applications and will help you decide what is the best option for your business.Apply to the Home Office for Tier 1 Investor or Tier 1 Entrepreneur Visa with LEXVISA.
How to apply for Tier 1 Investor Visa
The process of applying for a Tier 1 Investor visa involves completing the application form and submitting a bundle of supporting documents to the Home Office. Your application will be considered by a caseworker and you will need to satisfy all the requirements set out in the Immigration Rules. The Tier 1 route is addressed to non-EEA investors considering opportunities in the UK. We provide a bespoke service from assessing whether you meet the Home Office requirements to the submission of your application to the Home Office providing you with a complete and stress-free service.
In order to apply for a Tier 1 Investor Visa you need to be from outside the European Economic Area and Switzerland wishing to invest £2,000,000 in the UK.
Applicants must meet the following eligibility criteria:
- you must be 18 or over
- you must be able to provide evidence that the money belongs to you, your spouse or partner
- you must have opened a UK bank account
- your funds must be held in one or more regulated financial institutions
- your funds must be free to spend (‘disposable’) in the UK
To ensure your application is processed without delay, you should ensure you provide all of the necessary documents which show how you have access to the funds and meet all the eligibility criteria. Not submitting important documents or failing to highlight them can result in the application being rejected and having to start again and pay further Home Office fees.
How to apply for Tier 1 Entrepreneur Visa
You will need to satisfy the eligibility requirements for the visa and you must adequately evidence this; once you have compiled a strong application, you may make an immigration application to the UK Home Office. There are different applicable eligibility requirements depending on whether you have access to £50,000 or £200,000 of investment funds. Nonetheless, below are some essential and common criteria:
- your funds must be held in regulated financial institutions;
- your funds must be freely accessible to you to invest into the UK;
- you must be at least 16 years old;
- you must satisfy the English language requirement (you may be exempt from the requirement if you are a national of a majority English speaking country or if you hold a Bachelor’s or Master’s degree or PhD that is taught in English and is equivalent to UK qualifications);
- you must demonstrate that you have sufficient funds to maintain and support yourself whilst you are in the UK (personal savings of £3,310 if applying from outside of the UK and £945 if applying from inside of the UK);
- you must satisfy the ‘genuine entrepreneur test‘;
- you do not fall under the general grounds for refusal in accordance with Immigration Rules
As part of your application, you are always expected to submit an extensive business plan with your application to demonstrate that you have a genuine and credible business idea. Furthermore, the Home Office imposes strict specified documentation rules onto applicants to demonstrate that they satisfy all relevant criteria. You must be cautious that you are submitting the correct documents that satisfy the high threshold of standard the Home Office have set.
Your Rights on a Tier 1 Investor Visa and Accelerated Settlement
If you are successful with your application and your Tier 1 Visa is granted, you will be able to invest £2,000,000 or more in UK government bonds, share capital or loan capital in active and trading UK registered companies. You will also be able to work or study in the UK.
You might consider applying to fast track your settlement in the UK after 2 or 3 years of your stay. We have recently written about the accelerated Indefinite Leave to Remain applications for Tier 1 Investors, which you can find here.
During your stay on a Tier 1 visa you will not be able to invest in companies mainly engaged in property investment, property management or property development or work as a professional sportsperson or sport coach. You will also not be eligible to get public funds. There are also some restrictions for doctors and dentists.
Your Rights on Tier 1 Entrepreneur Visa and Accelerated Settlement
You may be able to switch to a Tier 1 Entrepreneur visa in the UK, the rules that are applicable to you will depend on which type of visa you previously held or is currently holding. For instance, if you previously held a Tier 1 Post Study Work or Tier 1 General visa, you must also demonstrate you have been and continue to engage in Existing Business Activities.
You will be allowed to stay in the UK for a maximum of 3 years and 4 months once you have been granted the visa. You may then extend your Tier 1 Entrepreneur visa for another 2 years. The Tier 1 Entrepreneur visa can lead to settlement in the UK once you have been in the UK under this category for 5 years, provided that you meet all applicable requirements.
You may also be eligible for an accelerated settlement under this route if you satisfy the requirements.
Using Legal Representation to Apply for Tier 1 Investor and Tier 1 Entrepreneur Visa
Legal representatives, such as our specialist immigration law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Tier 1 Investor or Tier 1 Entrepreneur Visa application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Tier 1 Investor and Tier 1 Entrepreneur Visa Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.