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10 May What type of company qualifies for investment?

Posted on May 10, 2019 in Investing in the UK by
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The Tier 1 (Investor) category is for high net worth migrants making a substantial financial investment in the UK. The applicants have to invest at least £2 million cash funds and meet other eligibility requirements.

From 29 March 2019, the applicants have to provide evidence of the source of their funds if they have not held the funds for 2 years consecutively. In addition, the applicant will no longer be able to invest in government bonds.

The requirements of the investment funds

The investment funds must be:

  • held in a regulated financial institution;
  • disposable in the UK; and
  • amount to £2 million or more.

 

Please note that the investment funds must be cash, and the migrant cannot use assets or possessions such as property as evidence of your funds for investment.

The cash funds can be also owned either jointly with or solely by the applicant’s husband, wife, civil partner, or unmarried or same-sex partner.

In addition, the migrant will need to show the specified evidence if the source of funds is a gift, deeds of sale, evidence from a business, will, divorce settlement, or award or winning.

Where can you invest the funds in?

The investment into the British economy can be made as share capital or as a director’s loan in active and trading companies that are registered in the UK.

Please note that the migrant cannot invest the funds in a UK property.

What type of company qualifies for investment?

Under the paragraph 245E of the Immigration Rules, UK companies will only be considered to be active and trading if:

  • They are registered with Companies House in the UK
  • They are registered with HM Revenue and Customs for corporation tax and PAYE
  • File accounts and have UK business bank account showing regular trading of their own goods or services
  • Have at least 2 UK resident employees who are not listed as their directors.

 

How long is the visa granted for?

The initial leave is granted for up to 3 years and 4 months, and it can be extended for another 2 years.

Settlement in the UK as a Tier 1 investor

Investors can apply for settlement (or Indefinite Leave to Remain, ILR) once they have spent in the UK continuously 2, 3 or 5 years, depending on the amount invested:

  • 2 years if the applicant invested at least £10 million;
  • 3 years if the migrant invested at least £5 million;
  • 5 years if the applicant invested at least £2 million.

 

The funds must remain invested until the grant of indefinite leave to remain.

Please note that the applicant cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 months of the qualifying period.

In addition, the migrant has to meet the English language requirement at level B1 or above in speaking and listening, as well as pass the Life in the UK Test.

Contact Our Immigration Team

For expert advice regarding any aspect of the Tier 1 (Investor) visa application, please contact our immigration team on 0203 384 3075 or contact us here.

 

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.