United Kingdom (U.K)

Immigration to the United Kingdom operates on a Points-Based System (PBS). Applicants need to score a certain number of points to be allowed to enter or stay in the UK, with points being awarded according to specific criteria and whether the applicant is likely to comply with their immigration requirements while in the UK.  There are many different ways of entering the United Kingdom, but one of the fastest methods for an investor to obtain citizenship in the UK is through the Tier 1 (Investor) visa. Designed for those who intend to make a substantial contribution to the UK, this category permits wealthy overseas nationals to quickly secure residency on the basis of their investment. In fact, the process only takes a few weeks, depending on the particular Consulate in the Investor's home country.

What are the benefits of the Tier 1 (Investor) Visa?

• No requirements as to the Investor's education, age, language skills or business experience;
   
• No requirements as to how many full time jobs the Investors need to create. Investors do not need to hire any workers in the UK if they invest their money into UK Government bonds or share capital or loan capital in any active and trading UK registered companies other than those engaged in property investment;
   
• Investors only need to invest a minimum of £750,000.00 of their £1,000,000.00 capital in the UK and use the remaining £250,000.00 to buy their home in the UK;
   
• No investment until the application is approved;
   
• Investor's family, including spouse and children under age 18 are all permitted to enter the UK and to apply for permanent residence in the UK at the same time as the Investor;
   
• Investors may travel outside of the UK at any time within the validity of their visa and may reside anywhere within the UK;
   
• After 5 years the Investor can apply for permanent residency (Indefinite Leave to Remain) in the UK;
   
• A year after receiving permanent residence status in the UK, Investors and all accompanying family members may apply for citizenship.

On 16th March 2011 the following changes to the Investor Immigration rules were laid with parliament with the aim of being implemented on 6th April 2011:

• Investors must:
  • Invest £10,000,000 to be eligible for settlement after 2 yrs, or
  • Invest £ 5,000,000 to be eligible for settlement after 3 yrs, or
  • Invest £ 1,000,000 to be eligible for settlement after 5 yrs.
    
    
• The investment criteria are likely to remain the same and 25% of the investment may be comprised of prescribed assets.
  
  
• Dependents will still be granted leave inline with the main applicant as is presently permitted and investors will be allowed up to 180 days outside of the UK, this was increased from the current 90 days within 12 months. This increase is a welcomed improvement by many who are unable to comply with the current 90 days allowance due to travel and business commitments.

Immigration Minister Damian Green said:

• 'Today I have sent out a clear message - the UK remains open for business and we want those who have the most to offer to come and settle here.
  
  
• 'Entrepreneurs and investors can play a major part in our economic recovery, and I want to do everything I can to ensure that Britain remains an attractive destination for them.

QUALIFICATIONS
As with all categories of Tier 1, the Investor category requires candidates to meet or exceed a pass mark of 75 points which can be obtained by satisfying one of the following criteria:

• The investor must have access to £1,000,000.00 that is disposable in the UK and in a financial institution; OR
   
• Must have access to £2,000,000.00 in personal assets and £1,000,000.00 in an available loan. Financing the required funds will cost approximately £120,000 in interest;
   
• Investor only needs to show that they have the funds of £1,000,000.00 held in an account under their own name or in a joint account for the last 3 months at the time of the application.

Do I need to have earned the money for the investment myself?
No. The money can be a gift, inheritance, loan, deed of sales, award or winnings.  The only requirement is that you will need to show that the money is held under your own name or in a joint account for at least 3 months at the time of the application. In the event of you receiving the money as a gift, you will only need to show that the gifted money was held for at least 3 months under the name of the person giving the gift.

Can qualified individuals from any country apply or are there restrictions based on citizenship?
Citizens of any country may apply for permanent residence in the UK through the Tier 1 (Investor) visa. As long as the main applicant does not travel outside the UK for more than 3 months at a time within the validity of the visa and has sufficient funds to maintain, support and accommodate themselves and their family in the UK and has sufficient investment capital, a qualified immigration lawyer can assist the applicant with the process of obtaining a Tier 1 (Investor) visa.

MAINTAINING RESIDENCY
In order to qualify for Indefinite Leave to Remain, the principal applicant (Investor) must be in the UK 75% of the year. For anyone who is frequently out of the country for business, this means filing the application under the non-travelling spouse’s name. After being granted Indefinite Leave to Remain, all family members must be in the UK a minimum of 9 months in order to be eligible to apply for citizenship.
The information in this article is subject to change. Please contact us for the latest update (printed January 2011)