Extending your UK Tier 1 Investor visa: the main requirements
In order to extend your leave to remain in the UK as a Tier 1 Investor, you must show that you have £1 million in the UK, you have invested £750,000 in specified ways within 3 months of your specified date and that you have maintained your investment since.
1. £1 million in the UK
The £1 million held in the UK should include a minimum of £750,000 invested in specified ways and any further money necessary to bring the total funds to at least £1 million.
If your investments total £1 million, no balance of funding is necessary. However, if your investments in the specified ways amount to between £750,000 and £1 million, you must provide evidence of the balance of the funds. You must have maintained a balance of up to £250,000, depending on how much is required to bring your total investment in the UK up to £1 million.
2. Invested £750,000 in specified ways
As a Tier 1 Investor visa holder, you must 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 companies that are registered in the UK.
3. Invested the money in specified ways within 3 months of your specified date
You must have made the investment within 3 months of your specified date, unless there are exceptional reasons for the delay in investing. Your specified date will usually be either your date of entry to the UK (if you were last granted entry clearance as a Tier 1 Investor) or the date of your grant of leave to remain as shown on your approval letter (if you were last granted leave to remain as a Tier 1 Investor). If you wish your specified date to be the date you entered the UK, you must provide evidence to establish this date. Where evidence is not available, the 3 months will be calculated from the date that you were granted entry clearance or leave to enter the category.
If there are exceptionally compelling reasons for the delay in investing, the Home Office will consider waiving the 3 month requirement, but the reasons must be:
• Unforeseeable, and
• Outside of your control.
For example, the Home Office will not take into account delays caused by your failing to take action in time to meet the criteria.
Where you have been found not to have made the investment within 3 months of the specified date, the Home Office may curtail (cancel) your Tier 1 Investor visa.
4. Maintained your investment since
You must also show that the minimum investment (£750,000) was maintained at that level throughout the period of your leave to remain as a Tier 1 Investor (from your specified date).
The Immigration Rules do not require you to have kept the same investments that you made on entering the Tier 1 Investor visa category, but you must keep the same level of investment.
The Home Office may curtail your leave if you have not maintained your investment throughout your leave.
If the value of your investments is reduced by fluctuations in share prices, it must be corrected by the next reporting period, so that the overall value of your investments is maintained throughout your leave.
The Immigration Rules contain detailed requirements in terms of the documents that must be submitted with any application for an extension of stay as a Tier 1 Investor. You must provide these documents with your application. If any document is missing or the documents that you submit do not contain all the required information, your application will be refused.
For advice or assistance with preparing an application for further leave to remain as a Tier 1 Investor, contact our immigration barristers and lawyers in London on 0203 617 9173 or by email to email@example.com.