Individuals who gain entry to the United Kingdom under the Tier 1 Investor scheme can apply for indefinite leave to remain after satisfying several important requirements. Specifically, they must have invested a certain amount of money in the United Kingdom and resided in the country for a specific period of time.
Such requirements vary significantly from one investor to the next, though for the vast majority of Tier 1 Investor migrants it means spending five continuous years in the UK to be eligible for ILR. Nevertheless, this residency period can be fast-tracked by investing greater sums of money in qualifying UK businesses.
Continuous UK residence requirements as published by the Home Office are as follows:
- Five years continuous residence if £1 million or more was invested prior to November 6, 2014;
- Five years continuous residence if £2 million or more was invested;
- Three years continuous residence if £5 million or more was invested;
- Two years continuous residence if £10 or more was invested
In all instances, conditions apply with respect to the amount of time the respective individual can spend outside the United Kingdom during this continuous residence.
Tier 1 Investor Indefinite Leave to Remain Requirements
Key terms and conditions to qualify for indefinite leave to remain as a Tier 1 Investor include the following:
- The applicant must reside legally in the United Kingdom for a minimum continuous period of five years, unless their investment exceeds £5 million (see above).
- The applicant must not spend more than 180 days outside the United Kingdom during any calendar year while fulfilling their residence requirements.
- The applicant must have demonstrated competent English language skills and demonstrate a detailed knowledge of the UK culture and lifestyle.
- The applicant must have abided by all immigration rules, regulations, terms and conditions applicable throughout their initial period of leave.
- The applicant must not fall under the general grounds for refusal.
Accelerated Indefinite Leave to Remain – Two Years
Investors entering the United Kingdom under the Tier 1 Investor Visa are entitled to apply for indefinite leave to remain after just two years in the event that:
- They entered the United Kingdom no earlier than November 6, 2014
- They intend to invest (or have already invested) a minimum of £10 million in the UK
- They have lived legally and continuously in the UK for at least two years
Prior to November 6, 2014, it was possible to qualify for accelerated settlement after two years by providing evidence of personal assets with a total value of a minimum of £10 million and funds loaned by a recognised financial institution in the UK.
Accelerated Indefinite Leave to Remain – Three Years
Some investors are invited to apply for indefinite leave to remain after three years, upon satisfying the following requirements:
- They entered the United Kingdom no earlier than November 6, 2014
- They intend to invest (or have already invested) at least £5 million in the UK
- They have lived legally and continuously in the UK for at least three years
Please note that applicants looking to enter the United Kingdom by investing the minimum £2 million (or £1 million prior to November 2014) will be required to obtain a Tier 1 Investor visa extension to fulfil their five-year residency requirements. Those who qualify for accelerated indefinite leave to remain need not apply for an extension, but can instead apply directly for IDL at the end of their granted period of leave.
Naturalisation Under the Tier 1 Investor Scheme
The recent changes rolled out within the Tier 1 Investor scheme have in no way affected the basic requirements or regulations regarding naturalisation for Tier 1 Investor migrants. In order to qualify for UK naturalisation and subsequently apply for a passport, the Tier 1 Investor must have resided in the UK with full permanent resident status (settled status) for a minimum of five years at the time of their application.
Contact a member of the business immigration team at Aristone Solicitors to discuss naturalisation in more details.
This minimum five-year period applies to all investors gaining entry to the United Kingdom under the Tier 1 Investor scheme – including those who qualify for accelerated indefinite leave to remain. Whether being granted indefinite leave to remain after two years, three years or five years, it is still necessary to fulfil this five-year continuous residence requirement to be eligible for naturalisation.
One major exception being in the event that the investor is married to or the legal partner of a settled person or British citizen. In which case, they may be eligible for naturalisation after three years’ continuous residence.
Allowable Absences
Important restrictions apply with regard to how much time a Tier 1 Investor is allowed to spend outside the United Kingdom during their initial period of leave. In order to qualify for long-term legal settlement of any kind, the applicant must spend at least 50% of their time during any calendar year inside United Kingdom. The more time spent abroad, the more intensively the application is scrutinised. Official immigration rules state that no more than 180 days out of every calendar year should be sent abroad, but it’s advisable to keep time spent outside the UK to a minimum where possible.
Tier 1 Investor Visa Application Rejections
Whether applying for an initial Tier 1 Investor visa, an extension to a granted period of leave or indefinite leave to remain, there is always the possibility of rejection. In which case, you need to know where you stand with regard to your rights and the available options for taking your case further. Seeking professional legal support at the earliest possible stage is of the utmost importance.
Outside the UK
Where applications submitted outside the United Kingdom are rejected, the applicant has the right to request an administrative review. This involves the Entry Clearance Manager working for the Home Office once again examining your application and justifying its refusal. You will need to provide your own justification for requesting an official review, including why you believe your application was rejected unfairly.
This request for an official review must be submitted no later than 28 days following the date of refusal. After which, the review will be completed and notification of the outcome provided within a further 28 days. As there is typically no allowance for requesting a second administrative review, it is essential that you present a strong and compelling case the first time. In addition, applicants are typically forbidden from submitting new evidence to support their administrative review request.
Inside the UK
Where a Tier 1 Investor application is submitted from within the UK, rejection paves the way for the formal right to appeal. This is granted on the condition that the individual no longer has leave to remain in the UK at the time of their application’s rejection.
As above, there is no allowance for submitting new evidence as part of the appeal process, unless the appeal is being lodged on human rights grounds, asylum or racial discrimination grounds. Even if additional evidence is accepted as part of the appeal, it must be based exclusively on the evidence submitted at the time of the initial application. In most instances, the applicant has just 10 days to formally lodge their appeal following the date of refusal.
Administrative reviews and formal appeals can be complex at the best of times, calling for expert legal support from start to finish. Contact the team at Aristone Solicitors to discuss your case and determine an appropriate course of action.
Tier 1 Investor Indefinite Leave to Remain Summary
In general terms, the Tier 1 Investor scheme is today open to individuals who intend to invest a minimum of £2 million in the UK and are able to provide evidence of their ownership of an immediate access to the funds.
Qualifying for indefinite leave to remain means fulfilling several key requirements, which include residing legally and continuously in the UK for a minimum period of:
- Five years continuous residence if £1 million or more was invested prior to November 6, 2014;
- Five years continuous residence if £2 million or more was invested;
- Three years continuous residence if £5 million or more was invested;
- Two years continuous residence if £10 million or more was invested
It’s important to note that even under the fast-track route to being granted indefinite leave to remain, it is still necessary to spend at least five years in the United Kingdom before being eligible for naturalisation.
Whatever the circumstances and grounds for an application’s rejection, there’s always the opportunity for recourse in the form of an administrative review or a formal appeal. In both instances, such requests must be lodged formally as quickly as possible and under the supervision of a trained legal adviser.
Tier 1 Investor Visa Lawyers in Luton
If you intend to apply for indefinite leave to remain as an investor, we strongly suggest securing competent legal support at the earliest possible stage. Here at Aristone Solicitors, our experienced legal team can provide the advice and assistance needed to streamline and simplify your application. Should your application for ILR be rejected, we’ll ensure your appeal is presented as strongly and convincingly as possible.
Whatever your current situation and objectives, we’d be delighted to hear from you. Contact a member of the business immigration team at Aristone Solicitors today to book your obligation-free consultation.
