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Investor Visa Settlement Investment Requirements

November 2019 - Immigration. Legal Developments by Richmond Chambers.

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Tier 1 Investor visa holders can apply for settlement or indefinite leave to remain (ILR) in the UK once they have spent a continuous period of 2, 3 or 5 years with leave in the United Kingdom under the Tier 1 Investor visa route.

However, with the Immigration Rules having been amended several times in recent years, the investment criteria that Tier 1 Investors need to meet in order to qualify for indefinite leave to remain now vary depending on (a) when the Investor first entered the route; and (b) when they apply for settlement.  In this article we look at the various Tier 1 Investor ILR investment requirements.

Initial Tier 1 Investor leave granted under the rules in place before 6 November 2014

If you were initially granted leave as a Tier 1 Investor under the rules in place before 6 November 2014 and you apply for settlement before 6 April 2022, you will need to have invested at least £1 million for 5 years, with at least 75% by way of share capital or loan capital in active and trading UK-registered companies or UK Government bonds.  Any remaining balance will need to have been invested in the UK by the purchase of assets or by maintaining money on deposit in a UK regulated financial institution.

If you were initially granted UK Investor leave under the rules in place before 6 November 2014 and you apply for indefinite leave to remain on or after 6 April 2022 but before 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds. You will only be able to include time from when your investment was increased to £2 million towards your continuous period.

If you were initially granted your Tier 1 Investor leave under the rules in place before 6 November 2014 and apply for ILR on or after 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds.  However, any investment must be moved out of UK Government bonds and into other qualifying investments before 6 April 2025.

Initial Tier 1 Investor leave granted under the rules in place after 6 November 2014 and before 29 March 2019

If you were initially granted a Tier 1 Investor visa under the rules in place after 6 November 2014 but before 29 March 2019 and apply for settlement before 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds.

If you were initially granted UK Investor leave under the rules in place after 6 November 2014 but before 29 March 2019 and you apply for indefinite leave to remain on or after 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds. However, any investment must be moved out of UK Government bonds and into other qualifying investments before 6 April 2025.

Initial Tier 1 Investor leave granted under the rules in place on or after 29 March 2019

If you were initially granted leave as a Tier 1 Investor under the rules in place on or after 29 March 2019, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies.

Accelerated settlement as an Investor

You can apply for Investor settlement sooner if you have invested a greater amount for a shorter period. However, the investment requirements detailed above will still apply.

Therefore, you can qualify for indefinite leave to remain after 2 years if you can demonstrate that you have invested at least £10 million or after 3 years if you can demonstrate that you have invested at least £5 million.  However, in either case the investment must have been made in accordance with the restrictions detailed above.

Contact our UK Investor Visa Immigration Lawyers

For expert advice regarding an application for settlement as a Tier 1 Investor, or to discuss your Tier 1 Investor visa application, contact our immigration barristers on 0203 617 9173 or complete our enquiry form below.