Personal Immigration

UK INVESTOR VISA ILR

UK INVESTOR VISA ILR

You may be eligible to apply for indefinite leave to remain in the UK as a UK Investor visa holder or UK Investor visa ILR after spending 2, 3 or 5 years in the UK.  The requirements that you will need to satisfy in order to qualify for UK Investor visa ILR will depend upon when your initial Tier 1 Investor visa was granted and the amount of your investment.  

UK Investor visa ILR: Initial UK Investor visa granted before 6 November 2014

If you successfully applied for your Tier 1 Investor visa before 6 November 2014 and wish to apply for indefinite leave to remain as a Tier 1 Investor, you will need to satisfy UK Visas & Immigration that:

  • You have money of your own, under your own control, in the UK amounting to not less than £1 million;
  • You have invested not less than 75% of your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies; and have invested the remaining balance by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution;
  • The investment was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor Migrant;
  • You have maintained the level of investment for the whole of the remaining period of your leave;
  • You have spent a continuous period of either 2 years (if you have maintained an investment of at least £10 million), 3 years (if you have maintained an investment of at least £5 million) or 5 years (if you have maintained an investment of at least £1 million) lawfully in the UK as a Tier 1 Investor, with absences from the UK of no more than 180 days in any 12 months during the period;
  • Unless you are aged 65 or over, you have sufficient knowledge of the English language and Life in the UK.

You will need to submit your UK Investor visa ILR application before 6 April 2022.

UK Investor visa ILR: Initial UK Investor visa granted between 6 November 2014 and 28 March 2019

If you successfully applied for your UK Investor visa between 6 November 2014 and 28 March 2019, you will be able to apply for Tier 1 Investor ILR if:

  • You have money of your own, under your own control, in the UK amounting to not less than £2 million;
  • You have invested your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies;
  • The investment was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor Migrant;
  • You have maintained the level of investment for the whole of the remaining period of your leave;
  • You have spent a continuous period of either 2 years (if you have maintained an investment of at least £10 million), 3 years (if you have maintained an investment of at least £5 million) or 5 years (if you have maintained an investment of at least £2 million) lawfully in the UK as a Tier 1 Investor, with absences from the UK of no more than 180 days in any 12 months during the period;
  • Unless you are aged 65 or over, you have sufficient knowledge of the English language and Life in the UK.

You will need to submit your UK Investor visa ILR application before 6 April 2025.

UK Investor visa ILR: Initial UK Investor visa granted on or after 29 March 2019

If you successfully applied for your UK Investor visa on or after 29 March 2019, you will need to satisfy the following requirements in order to qualify for UK Investor visa ILR:

  • You have money of your own, under your own control, in the UK amounting to not less than £2 million;
  • You have invested your capital in the UK by way of share capital or loan capital in active and trading UK registered companies;
  • The investment was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor Migrant;
  • You have maintained the level of investment for the whole of the remaining period of your leave;
  • You have spent a continuous period of either 2 years (if you have maintained an investment of at least £10 million), 3 years (if you have maintained an investment of at least £5 million) or 5 years (if you have maintained an investment of at least £2 million) lawfully in the UK as a Tier 1 Investor, with absences from the UK of no more than 180 days in any 12 months during the period;
  • Unless you are aged 65 or over, you have sufficient knowledge of the English language and Life in the UK.

Whichever route you apply under, the exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

To discuss your UK Investor visa ILR application with one of our investment immigration barristers, contact our UK Tier 1 Investor visa lawyers on 0203 617 9173 or complete our enquiry form below.

When should I apply for UK Investor visa ILR settlement?

You can apply for ILR under the Tier 1 Investor route once you have resided in the UK as a Tier 1 Investor for a continuous period of 5 years.  However, as a UK Investor visa holder you may apply for accelerated ILR after a continuous period of either 2 years or 3 years if you have maintained an investment of at least £10 million or £5 million respectively.

You can apply for UK Investor visa ILR up to 28 days before you reach the relevant qualifying period.  Your qualifying period will be the 2, 3 or 5 years immediately before the date you apply for settlement or the 2, 3 or 5 years immediately before the date your settlement application is decided, depending on which is most favourable to you.  Advice from an immigration lawyer will ensure the correct timing of your UK Investor visa ILR application.

What is the residence requirement for a UK Investor visa ILR settlement application?

In order to qualify for indefinite leave to remain (ILR) as a Tier 1 Investor, you must not have been absent from the UK for more than 180 days in any 12 month period during your qualifying 2, 3 or 5 year period.

For any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, you must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the UK Investor visa ILR application.  For any absences from the UK during periods of leave granted under the Rules in place since 11 January 2018, the Home Office will consider a rolling 12 month period.

In either case, days spent travelling to or from the UK will not count for the purpose of the UK Investor visa ILR residence and absence requirement.

How long will it take for my UK Investor visa ILR settlement application to be decided?

If you apply for indefinite leave to remain as a Tier 1 Investor via UK Visa & Immigration’s standard service, you can normally expect to receive a decision within 26 weeks of your ILR application date.  If you apply for Tier 1 Investor visa ILR via the priority service, you will normally receive a decision within 10 working days of your UKVCAS appointment.

Can I apply for UK Investor visa ILR settlement if I am outside the UK?

Unfortunately not.  Tier 1 Investor ILR applications can only be submitted from within the UK.

How our immigration barristers can help your UK Investor visa ILR settlement application

The Immigration Rules contain strict requirements in terms of the documents that must be provided in support of a UK Investor visa ILR application.  It can be helpful to get advice from an immigration lawyer in order to ensure that your application is professionally presented and technically correct.

Richmond Chambers is widely recognised as one of the UK’s leading immigration practices for Tier 1 Investors. Our immigration barristers were awarded ‘Business Immigration Chambers of the Year in England’ at the 2018 Corporate Intl Magazine Global Awards, ‘UK Business Immigration Barrister of the Year’ at the ACQ5 Law Awards 2018 and ‘Business Immigration Set of the Year’ at the Global Law Experts Awards 2017. The work of our immigration barristers on behalf of investors has also been recognised through membership of the Investment Migration Council and the Department of International Trade’s Investor Support Network.

Our investment immigration barristers and immigration lawyers work closely with investors, wealth managers and leading banks to prepare and submit high quality ILR applications for investors and their families. Our barristers are experts in the immigration options for investors and will guide you through the complex Home Office Immigration Rules and policies.

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 as part of a professional and friendly service.

We can also assist with

  • Applications for extension of stay as a Tier 1 Investor

    Before your initial Tier 1 Investor visa expires, you may be eligible to apply to extend your stay as a Tier 1 Investor.  The requirements that you will need to satisfy in order to qualify for a Tier 1 Investor visa extension will depend upon whether your initial Tier 1 Investor visa was granted before 6 November 2014, between 6 November 2014 and 28 March 2019 or on or after 29 March 2019.

    Tier 1 Investor Visa Extension: Initial Tier 1 Investor visa granted before 6 November 2014

    If you successfully applied for your Tier 1 Investor visa before 6 November 2014 and wish to extend your stay as a Tier 1 Investor, you will need to satisfy UK Visas & Immigration that:

    • You have money of your own, under your own control, in the UK amounting to not less than £1 million;
    • You have invested not less than £750,000 of your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies other than those principally engaged in property investment; and have invested the remaining balance of £1 million in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution;
    • You made the investment either (i) within 3 months of your entry into the UK, if you were granted entry clearance as a Tier 1 Investor and there is evidence to establish your date of arrival in the UK; (ii) within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 Investor; or (iii) no earlier than 12 months before the date of the application which led to your first grant of leave as a Tier 1 Investor;
    • You have maintained the level of investment for the whole of the remaining period of your leave.

    You will need to submit your Tier 1 Investor visa extension application before 6 April 2020.

    Tier 1 Investor Visa Extension: Initial Tier 1 Investor visa granted between 6 November 2014 and 28 March 2019

    If you successfully applied for your Tier 1 Investor visa between 6 November 2014 and 28 March 2019, you will be able to extend your stay as a Tier 1 Investor if:

    • You invested not less than £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies;
    • You made your investment either (i) within 3 months of your entry to the UK, if you were granted entry clearance as a Tier 1 Investor and there is evidence to establish your date of entry to the UK (unless there are exceptionally compelling reasons for the delay in investing); or (ii) within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 Investor (unless there are exceptionally compelling reasons for the delay in investing); or (iii) no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 (Investor) Migrant;
    • You have maintained the level of investment for the whole of the remaining period of your leave.

    You will need to submit your Tier 1 Investor visa extension application before 6 April 2023.

    Tier 1 Investor Visa Extension: Initial Tier 1 Investor visa granted on or after 29 March 2019

    If you successfully applied for your Tier 1 Investor visa on or after 29 March 2019, you will need to satisfy the following requirements in order to qualify for an extension of stay:

    • You must have invested not less than £2 million in the UK by way of UK share capital or loan capital in active and trading UK registered companies;
    • You must have made your investment either (i) within 3 months of your entry to the UK, if you were granted entry clearance as a Tier 1 Investor and there is evidence to establish your date of entry to the UK (unless there are exceptionally compelling reasons for the delay in investing); or (ii) within 3 months of the date of the grant of entry clearance or leave to remain as a Tier 1 Investor (unless there are exceptionally compelling reasons for the delay in investing); or (iii) no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor;
    • You have maintained the level of investment for the whole of the remaining period of your leave.
  • Applications for British Citizenship by Tier 1 Investors

    In order to be naturalised as a British citizen, you will need to meet certain statutory criteria with regard to your immigration status, length of residence in the UK, future intentions, knowledge of the English language and life in the UK, and good character.

    If you are not married to a British citizen (or do not wish to rely on your marriage to a British citizen) the Home Office must be satisfied that:

    • You were in the UK on the day five years before the date of your application;
    • You have not been absent from the UK for more than 450 days during the intervening five year period;
    • You have not been in the UK in breach of the immigration laws at any time during that five year period;
    • You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
    • You are not subject to any limit on the period for which you may remain in the UK and have not been subject to any such time limit at any time during the 12 month period immediately preceding the date of your application;
    • You are of good character;
    • You have sufficient knowledge of the English, Welsh or Scottish Gaelic language;
    • Your intentions are that if your application is successful your home (or principal home) will be in the UK.

    If you are married to a British citizen, the Home Office must be satisfied that:

    • You were in the UK on the day three years before the date of your application;
    • You have not been absent from the UK for more than 270 days during the intervening three year period;
    • You have not been in the UK in breach of the immigration laws at any time during that three year period;
    • You have not been absent from the UK for more than 90 days during the 12 month period immediately preceding the date of your application;
    • You are not subject to any time limit on the period for which you may remain in the UK at the date of your application;
    • You are of good character;
    • You have sufficient knowledge of the English, Welsh or Scottish Gaelic language.
  • Fresh applications, Administrative reviews and Judicial reviews for Tier 1 Investors

    If your application for entry clearance, leave to remain or settlement as a Tier 1 Investor has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.

    If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

    If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

WHAT CAN WE HELP YOU WITH?

To discuss your UK Investor Visa ILR application with one of our investment immigration barristers, contact our UK Investor visa ILR lawyers on 0203 617 9173 or complete our enquiry form below.

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