Immigration routes for Investors and entrepreneurs

21
IMMIGRATION ROUTES FOR INVESTORS & ENTREPRENEURS

Transcript of Immigration routes for Investors and entrepreneurs

IMMIGRATION ROUTES FOR

INVESTORS & ENTREPRENEURS

IMMIGRATION ROUTES FOR

INVESTORS & ENTREPRENEURS

The UK is open to international investors and entrepreneurs. Whether you wish to obtain residency in the UK through a substantial financial investment, or through setting up and

running a UK business, our immigration barristers are well versed in all the immigration routes available to investors and entrepreneurs.

Our specialist immigration barristers work closely with investors, entrepreneurs and their families to ensure that their immigration and visa requirements are met. We provide comprehensive immigration advice in relation to all aspects of relocating to the UK

under the Tier 1 Investor and Tier 1 Entrepreneur immigration routes.

About usRichmond Chambers LLP is an award-winning, innovative partner-ship of specialist immigration barristers and other immigration law professionals. Winner of the ‘Best Immigration Set of the Year - UK’ award at the Global Mobility and Immigration Awards 2014, Winner of the ‘Best Emerging Firm’ award at the MPF Awards for Management Excellence 2014 and Winner of the ‘ABS of the Year’ award at the Modern Law Awards 2014, our forward-thinking barrister-led law firm delivers creative immigration law solutions to investors and entrepreneurs, within the UK and overseas.

We are widely recognised as one of the leading immigration practices for investors and entrepreneurs in the UK. The quality of our work on behalf of investors and entrepreneurs has been acknowledged through membership of UK Trade & Investment’s (UKTI) UK Advisory Network and the Investment Migration Council (IMC), the worldwide association of professionals dealing with investor immigration and citizenship by investment. Our barristers have been consulted by the Home Office in relation to amendments to the Tier 1 Investor Immigration Rules and nominated for ‘UK Immigration Advisor of the Year’ at the High Value Immigration Awards 2014.

Our investment immigration team works closely with investors, entrepreneurs, wealth managers, business advisors and venture capitalists to prepare and submit high quality visa applications for

investors, entrepreneurs and their families. Our team of immigration barristers has experience in assisting all types of investors and entrepreneurs. Whether you are considering setting up and running a new business in the UK, looking to invest in an established business or able to make a substantial financial investment in the UK economy, we are experts in the immigration options for investors and entrepreneurs and will guide you through the complex Home Office rules and policies.

We understand that you will have other relocation related considerations as well as immigration. Whilst we work with you to ensure that the visa application process runs smoothly, you will also have access to our network of leading investment managers, tax advisers, education and property consultants, should you require their services.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to investors and entrepreneurs as part of a professional and friendly service.

For advice and assistance with applying for entry clearance, leave to remain or settlement as a Tier 1 Investor or Tier 1 Entrepreneur, please contact our immigration barristers and lawyers in London on 0203 617 9173 or by e-mail to [email protected]

Tier 1 Investor VisaIf you are a non-EU national and have over £2 million of your own money to invest in the UK, you may qualify to reside in the UK as a Tier 1 Investor.

You can also switch into the investor immigration category if you are already in the UK under Tier 1, 2 or 4 of the points-based system. Your family members may join or accompany you as your dependents.

J The money is disposable in the UK; and

J You have a bank account in the UK for the purpose of investing at least £2 million in the UK

If your investment funds are not held in pounds sterling, then in order to show that you have the minimum investment required, you must convert the value of your funds into pounds sterling by using the exchange rate shown on the Oanda website (www.oanda.com).

Initial applications for a Tier 1 Investor visa

In order to qualify to enter, or remain in, the UK as a Tier 1 Investor, you will need to show that:

J You have funds amounting to at least £2 million belonging to yourself, your partner or the two of you jointly;

J The money is held in a regulated financial institution, such as a bank, building society, credit union, stock brokerage or asset management firm;

Source of funds

If your investment funds have been held for a consecutive 90 day period prior to the date of application, then you will not be required to prove the source of funds. However, you will need to demonstrate that the funds are genuinely yours, that you are free to invest them and that they have been acquired lawfully.

If your investment funds have not been held for a consecutive 90 day period prior to the date of application, then you will need to prove the source of the funds. For example, the source of funds could be a gift, a sale of property, a will, a divorce settlement, a prize winning or other source(s).

Where the funds have been provided by a third party, you will need to show that there is nothing about the character, conduct or associations of that person that would mean granting your application would not be conducive to the public good.

Extending your stay as a Tier 1 Investor

In order to qualify to extend your stay in the UK as a Tier 1 Investor, you will need to show that:

J You have invested not less than £2 million of your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies within 3 months of your grant of leave or entry to the UK;

J You have maintained at least £2 million of your own funds, under your own control, in a permitted investment in the UK.

You will not be permitted to invest in any of the following:

J An offshore company or trust;

J Open-ended investment companies, investment trust companies or pooled investment vehicles;

J Companies mainly engaged in property investment, property management or property development;

J Deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits;

J ISAs, premium bonds and saving certificates issued by the National Savings and Investment Agency; or

J Leveraged investment funds.

Settlement in the UK as a Tier 1 Investor

In order to qualify for indefinite leave to remain in the UK as a Tier 1 Investor, you will need to show that:

J You have invested not less than £2 million of your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies;

J You have maintained at least £2 million of your own funds, under your own control, in the UK;

J You have sufficient knowledge of the English language and life in the UK.

If you invest £2 million in the UK, you may apply for indefinite leave to remain in the UK after five years. You may qualify for accelerated permanent residence if you maintain an investment of £10 million over two years or £5 million over three years.

You may spend up to 180 days (six months) outside the UK each year and still qualify for permanent residence.

Different requirements apply to Tier 1 Investors who applied to enter the category under the Immigration Rules in force prior to 6 November 2014. If you submitted an investor visa application on or before 5 November 2014, your application will be decided against the requirements of the Immigration Rules in force at the date of application.

Tier 1 Investor Visa — The five year route to settlement in the UK

Year Initial applicationShow £2 million investment fund

1

2

3

3 years 4 months / 3 years

Maintain £2 million investment funds for three yearsInvest £2 million in the UK by way of UK Government bonds, share capital or loan capital

in active and trading UK registered companies

Extension application — further leave to remain granted

4

5

2 years

Maintain £2 million investment funds for two years

Settlement application — indefinite leave to remain granted

6

1 year

No investment funds required

Application for British Citizenship and British passport

Tier 1 Investor Visa — Frequently Asked Questions Can I use my spouse’s money for the application? Yes, you may rely on money that is held in your name, in the name of your spouse or partner, or in joint names.

Do I have to transfer my investment funds to the United Kingdom before I make the application? No, you can rely on funds which are held outside of the UK at the date of application. However, you will need to have opened a bank account in the UK before you make your application.

Can I apply for a Tier 1 Investor visa on the basis that I have maintained a minimum credit balance of £2 million across my accounts in different countries? Yes, you can apply on the basis that your investment funds have been held for three months in a UK account, or two months in an account outside the UK and one month in a UK account – or any other combination.

Can I apply for a Tier 1 Investor visa by relying on a combination of funds held in different personal accounts for a 90 day period? Yes, you can rely on investment funds held across your and/or your partner’s current accounts, saving accounts, foreign currency accounts, and/or investment/securities accounts. The investment funds could either be held in cash (either in pounds sterling or any other foreign currency) or in the form of other investment funds, such as stocks or unit trusts. The accounts can be based either within the UK or overseas.

Do I have to hold the investment funds in cash at the date of application? Yes, if you have held some of your investment funds in the form of stocks or unit trusts, then you will be required to convert the value of your investment funds into cash funds before submitting your Tier 1 Investor application.

What type of investment can I make? You must invest at least £2 million of your capital either in United Kingdom Government Bonds or in share capital/loan capital issued by active and trading UK registered companies. The investment can include investment in foreign currencies. You can deal with, sell and reinvest your shares in the United Kingdom provided that any new investment continues to meet the relevant criteria. You cannot invest in property investment or management companies (other than construction companies), offshore companies or trusts, banks and building societies, open ended investment companies, investment trust companies, pooled investment vehicles, or leveraged investment funds.

Can I rely on funds that I have already invested in the United Kingdom? Yes, you can rely on money that has already been invested in the United Kingdom within the 12 month period immediately prior to the date of application.

What is the duration of my visa? If your initial application for entry clearance to come to the UK is successful, you will be granted a visa that is valid for 3 years and 4 months. You can then apply to extend this visa for a further period of 2 years. Depending on your level of investment in the UK, indefinite leave to remain (settlement) can be applied for after 2, 3 or 5 years, and British citizenship thereafter.

Will my visa have any conditions attached to it? You will not be allowed access to public funds and must register with the police if required. You may take employment, engage in business or self-employment and/or study at a State or private educational establishment if you wish to do so.

Can I leave the UK during the validity of my visa? Yes, although if you wish to settle in the UK then you must spend at least 185 days in the UK in any consecutive 12 month period. If you would like to apply for British citizenship then you may spend on average no more than 90 days outside the UK each year, and no more than 90 days outside the UK in the 12 months before you apply for citizenship.

When can I apply for settlement/British citizenship? If you invest £2 million then you may apply for settlement after 5 years. If you invest £5 million then you may apply for settlement after 3 years. If you invest £10 million then you may apply for settlement after 2 years. If you invest £2 million in the UK then you will need to renew your visa after 3 years. You will be granted leave to remain as a Tier 1 Investor for a further period of 2 years. Once you have spent 5 years (or 6 years if you have invested £2 million) in the UK then you may be able to apply for British citizenship and a British passport.

Can I bring my family with me to the UK? Yes, your husband, wife, civil partner, unmarried partner and/or children under the age of 18 may apply for United Kingdom visas as your dependents. They may take employment and/or study during their stay in the United Kingdom. Their permission to live in the UK will depend on yours.

Can I apply for a Tier 1 Investor visa on the basis of having £2 million personal assets plus £1 million loan? It is no longer possible to apply on this basis.

Tier 1 Entrepreneur VisaIf you wish to set up or invest in a business in the UK, you may qualify to live and work in the UK as a Tier 1 Entrepreneur.

You can also switch into the entrepreneur immigration category if you are already in the UK under Tier 1, 2 or 4 of the points-based system. Your family members may accompany you as your dependents.

Initial applications for a Tier 1 Entrepreneur visa

In order to qualify to enter, or remain in, the UK as a Tier 1 Entrepreneur, you will need to show that you have access to:

J £200,000; or

J £50,000 if it is provided by a registered venture capitalist firm, UK entrepreneurial seed funding competition or UK Government Department; or

J £50,000 if you are currently in the UK as a Tier 1 Graduate Entrepreneur or as a Tier 1 Post Study Work migrant.

You can rely on your own money (including money that has been gifted to you) or money that is held in any third parties’ account provided that they confirm that the funds are available to you for investment in a business. The funds must be held in a regulated financial institution and, if outside the UK, be freely transferable to the UK. You and one other person can apply together as an ‘entrepreneurial team’ as long as you both have equal access to the money.

You will need to be competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking). If you are not a national of a majority English-speaking country, then you must either hold a degree that was taught in English and is equivalent to a UK bachelor’s degree or above or have passed an approved English language test.

You will also need to have enough additional money to support yourself without relying on public funds. If you are applying from outside the UK then you must have at least £3,310 in personal savings (plus £1,890 for each dependent) which has been held for a consecutive 90 day period prior to the date of application. If you are applying from inside the UK, you must have at least £945 in personal savings (plus £630 for each dependent) which has been held for a consecutive 90 day period prior to the date of application.

If you are currently in the UK as a Tier 1 Post Study Work migrant or a Tier 1 (General) migrant, you will only be able to switch into the Tier 1 Entrepreneur category if you set up a business before 11 July 2014 in the case of someone with Post Study Work leave and 6 April 2015 in the case of someone with Tier 1 (General) leave, have been continuously engaged in business activity since and are working in an occupation skilled to National Qualifications Framework level 4 or above.

Genuine Entrepreneur testYou will also need to satisfy the Home Office that you genuinely intend and are able to be actively involved in the running of a UK business and that you have a viable and credible business plan. As part of your Entrepreneur visa application you may be interviewed by UK Visas and Immigration (UKVI).

In order to satisfy the genuine entrepreneur test, you must show that:

J The money is genuinely available to you, and will remain available to you until such time as it is spent by your business or businesses;

J You intend and are able to establish, take over or become a director of one or more businesses in the UK within 6 months of entering the UK or being granted leave to remain in the UK;

J You genuinely intend to invest your funds in your business or businesses.

The Home Office may take into account the following factors when assessing whether you are a genuine entrepreneur:

J The evidence that you have submitted;

J The viability and credibility of the source of your money;

J The viability and credibility or your business plans and market research into your chosen business sector;

J Your previous educational and business experience (or lack thereof);

J Your immigration history and previous activity in the UK;

J Any other relevant information.

Extending your stay as a Tier 1 Entrepreneur

In order to extend your stay in the UK as a Tier 1 Entrepreneur, you will need to show that:

J Within 6 months of your grant of leave or entry to the UK, you registered with HMRC as self-employed or registered as a director of a new or existing business; and

J You have invested, or had invested on your behalf, not less than £200,000 or £50,000 (as appropriate) in cash directly into one or more businesses in the UK; and

J You have created a new business or businesses or taken over or joined an existing business that has created the equivalent of at least 2 new full-time jobs (30 hours per week) for persons settled in the UK and these jobs existed for at least 12 months; and

J You were registered with HMRC as self-employed or registered as a director of a new or existing business on a date no earlier than three months prior to the date of your extension application;

J You have at least £945 in personal savings (plus £630 for each dependent) which has been held for a consecutive 90 day period prior to the date of application.

You can invest by way of share capital and/or in the form of a director’s loan. The investment should not include the value of any residential accommodation, property development or property management, but may include investment in commercial property and/or construction.

Genuine Entrepreneur Test

You will also need to demonstrate to the Home Office that you have genuinely established, taken over or become a director of a business and that you have genuinely operated that business. You will need to show that your money have genuinely been invested in one or more businesses to be spent for the purpose of that business and that you genuinely intend to continue operating that business in the UK and not undertake any other employment.

In making their assessment the Home Office will consider:

J the evidence submitted;

J the viability and credibility of the source of your funds;

J the credibility of your business activity in the UK;

J the credibility of your job creation;

J any mandatory accreditation, registration or insurance needed or obtained;

J any other relevant information.

Settlement in the UK as a Tier 1 Entrepreneur

In order to qualify for indefinite leave to remain in the UK as a Tier 1 Entrepreneur, you will need to show that:

J You were registered with HMRC as self-employed or registered as a director of a new or existing business on a date no earlier than three months prior to the date of your settlement application;

J You have created a new business or businesses or taken over or joined an existing business that has created the equivalent of at least 2 new full-time jobs (30 hours per week) for members of the settled population for at least 12 months. You can rely on the jobs created in your previous grant of leave, however they must exist for a further 12 months since your last grant of leave;

J You have passed the Life in the UK test;

J If you are not a national of a majority English-speaking country, you either hold a degree that was taught in English and is equivalent to a UK bachelor’s degree or above or have passed an approved English language test at CEFR level B1 (equivalent to IELTS 4.0) in reading, writing, speaking and listening;

J The genuineness of your business activity in the UK will be assessed on the same basis as at the extension stage.

If you have invested in a new or existing UK business and your investment has created at least two new full-time jobs, you may apply for permanent residence in the UK after five years. You may qualify for accelerated permanent residence after 3 years if you create 10 new jobs or your business receives at least £5 million in income from business activity.

You may spend up to 180 days (six months) outside the UK each year and still qualify for permanent residence.

Tier 1 Entrepreneur Visa —The five year route to settlement in the UK

Year

Initial applicationShow access to investment funds

English languageMaintenance

Genuine Entrepreneur test

1

2

3

3 years 4 months / 3 years

Invest £200,000 cash into one or more businesses in the UKRegister as self-employed or director

Create two full-time jobsMaintenance

Extension application — further leave to remain granted

4

5

2 years

Maintain registration as self-employed or directorMaintain two full-time jobs

Spend specified continuous period lawfully in the UK

Settlement application — indefinite leave to remain granted

6

1 year

No investment funds required

Application for British Citizenship and British passport

Tier 1 Entrepreneur Visa —Frequently Asked Questions Can I apply with another person? Yes, a maximum of 2 people can apply together in an entrepreneurial team using the same investment funds. Both of you must have equal control over the investment funds and must be shown in each other’s applications and in the supporting documentary evidence.

Do I have to show the source of funds? Yes, if you have been gifted money in the 90 days before you make your application, you will need to show where the money has originated from.

Do I have to transfer the funds to the UK prior to the application? No, you are not required to transfer your funds to the UK prior to applying. However, if your funds are held outside the UK, you are strongly recommended to check whether there are any local government regulations restricting the transfer of the funds outside your country/to the UK.

Can a third party provide me with funding? Yes, you may rely on money that is made available to you by one or more family members, corporate bodies or investors. The third party will need to provide their contact details and confirm that the money is available to you to invest in a United Kingdom business.

Can I rely on funds that I have already invested in the United Kingdom? Yes, if you have already established a business in the UK while you were here under a different immigration category, you may rely on funds which you have invested in the UK within 12 calendar months before the date of application. The amount of money invested should not include the value of any residential accommodation or property development, or property management; or be in the form of a director’s loan, unless it is unsecured and subordinated in favour of third-party creditors.

Can I apply for a Tier 1 Entrepreneur visa as an entrepreneurial team from two different countries? Yes, it is possible for you and your entrepreneurial team member to submit your applications in two different countries. Both applications will need to be supported by original documentary evidence. This means that you will need to prepare two sets of specified original documents in support of each of your applications in order to score the relevant points.

What is the duration of my visa? If your initial application for entry clearance to come to the UK is successful, you will be granted a visa for 3 years and 4 months initially. If you are currently in the UK and your application for leave to remain in the UK is successful, you will be granted a visa for 3 years initially. You can then apply to extend this visa for a further period of 2 years. Depending on your level of investment and business activity in the UK, indefinite leave to remain (settlement) can be applied for after 3 or 5 years, and British citizenship thereafter.

Are there any conditions on my visa? You are not allowed access to public funds and you cannot take any employment other than working for the business or businesses that you have established, joined or taken over. You must register with the police if required.

What should I do once I have been granted a visa? You should register as a director of a UK company or register as self-employed with the UK tax authorities within six months of arriving in the UK. You should invest your funds in a business or businesses in the UK (other than investment in residential accommodation, property development or property management). The investment must be made before the end of your initial period of stay. You should ensure that at the end of three years and four months you are either acting as a director, or self-employed. You should create the equivalent of at least two 12-month, full-time jobs for people who are settled in the UK.

Can I leave the UK during the validity of my visa? Yes, although if you wish to settle in the UK then you must spend at least 185 days in the UK in any consecutive 12 month period. If you would like to apply for British citizenship then you may spend on average no more than 90 days outside the UK each year, and no more than 90 days outside the UK in the 12 months before you apply for citizenship.

When can I apply for settlement/British citizenship? You may apply to settle in the UK after 3 years if either (a) you create 10 new full time jobs or (b) you establish a new business that has an income of £5 million over a 3 year period or you have increased the income of an established business by £5 million over a 3 year period. In all other cases, you may apply to settle in the UK after 5 years. If you settle in the UK after 3 years, then you may apply for British citizenship and a British passport after 2 more years living in the UK. If you settle in the UK after 5 years, then you may apply for British citizenship and a British passport after 1 more year living in the UK.

Can I bring my family with me to the UK? Yes, your husband, wife, civil partner, unmarried partner and/or children under the age of 18 may apply for United Kingdom visas as your dependents. They may take employment and/or study during their stay in the United Kingdom. Their permission to live in the UK will depend on yours.

Can I switch from Tier 4 General to Tier 1 Entrepreneur in the UK on the basis of having access to £200,000 for investment in a UK business? It is not possible to switch from the Tier 4 General student category into the Tier 1 Entrepreneur category on the basis of having access to £200,000 for investment in a UK business. Tier 4 General Students can only switch into the Tier 1 Entrepreneur category if they have £50,000 funding from a specified source (UK Government departments or listed seed funding competitions).

Tier 1 Investor Tier 1 Entrepreneur

Maximum length of initial visa 3 years 4 months/3 years 3 years 4 months/3 years

Minimum funds required £2 million£200,000 if from own funds

£50,000 if from authorised source

Extension 3

A further 2 years

3A further 2 years

Settlement after 5 years 3 3

Accelerated routes to settlement

32 years - £10 million investment

3 years - £5 million investment

33 years if create 10 new full-time jobs

or increase business income by £5 million over 3 years

English language required 7 3

Maintenance requirement 7 3

At Richmond Chambers LLP, our immigration barristers work closely with investors, entrepreneurs and their families to ensure that their immigration and visa requirements are met. We provide comprehensive immigration advice in relation to all aspects of relocating to the UK

under the Tier 1 Investor and Tier 1 Entrepreneur immigration routes.

For advice and assistance with applying for entry clearance, leave to remain or settlement as a Tier 1 Investor or Tier 1 Entrepreneur, please contact our immigration barristers and lawyers in London on 020 3617 9173 or by email to [email protected].

Seven Henrietta Street | Covent Garden | London WC2E 8PSTel 020 3617 9173 | Fax 020 3004 1611 | Email [email protected] | www.richmondchambers.com