TIER 1 INVESTOR VISA ILR
You may be eligible to apply for indefinite leave to remain in the UK as a Tier 1 Investor or Tier 1 Investor ILR after spending 2, 3 or 5 years in the UK. The requirements that you will need to satisfy in order to qualify for Tier 1 Investor visa ILR will depend upon when your initial Tier 1 Investor visa was granted and the amount of your investment. Applications for indefinite leave to remain as a Tier 1 Investor can be made until 17 February 2028.
UK Investor Visa ILR: 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 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 Tier 1 Investor ILR application before 6 April 2022. If you apply for indefinite leave to remain on or after 6 April 2022 but before 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds. You will only be able to include time from when your investment was increased to £2 million towards your continuous period. If you apply for ILR on or after 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds. However, any investment must be moved out of UK Government bonds and into other qualifying investments before 6 April 2025.
UK Investor Visa ILR: 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 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.
If you invested in UK Government bonds you will need to submit your Tier 1 Investor visa ILR application before 6 April 2025. You can apply for ILR after 6 April 2025 if you move your qualifying investments out of UK Government bonds and into other qualifying investments before 6 April 2025.
UK Investor Visa ILR: 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 Tier 1 Investor 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 Tier 1 Investor 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.
Tier 1 Investor Visa Settlement ILR Timeline
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 Tier 1 Investor 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 Tier 1 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 Tier 1 Investor visa ILR application.
Applications for indefinite leave to remain as a Tier 1 Investor can be made until 17 February 2028.
Tier 1 Investor Visa Residence Requirement For Indefinite Leave to Remain (ILR)
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 Tier 1 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 Tier 1 Investor ILR residence and absence requirement.
Processing Times For Tier 1 Investor Visa Indefinite Leave to Remain (ILR)
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.
- Tier 1 Investor Visa ILR: Residence and Absence Requirement
- UK Investor Visa: Interest and Dividends, Fees, Transaction Costs and Tax
- UK Investor Visa Success Stories
Apply for UK Investor Visa Settlement From Outside the UK
Unfortunately it is not possible to apply for ILR as a Tier 1 Investor from outside the UK. Tier 1 Investor ILR applications can only be submitted from within the UK.
How Our Immigration Barristers Can Help
The Immigration Rules contain strict requirements in terms of the documents that must be provided in support of a Tier 1 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. In addition to having won numerous industry awards, 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.
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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.
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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.
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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.
