UK Citizenship by Investment

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The Tier 1 (Investor) visa is the primary route to obtain UK citizenship by investment, offering a fast-tracked path for investors to British citizenship.

 

What is the Tier 1 Investor visa?

This specialist investment visa allows holders and their dependants to reside in the UK and ultimately become eligible for UK citizenship where they satisfy the eligibility criteria.

Applicants, for example, will have to invest a minimum amount of investment into the UK and maintain that investment during their residency. You have to make investments in active and trading UK-registered companies, with no donation required. You may also be able to benefit from the non-domiciled tax regime for residents in the UK.

Application processing for the Tier 1 investor visa is typically faster than other routes, can be completed within as little as 4 weeks.

Compared with other UK immigration routes, the Tier 1 investor visa is also relatively relaxed in the activities visa holders are allowed to do.

A Tier 1 Investor visa permits the holder to live, work and study in the UK for up to three years and four months. The applicant’s spouse and any children under the age of 18 years can also apply to join the principal visa holder as dependants. Your children will be able to take advantage of the UK’s world-class education system.

However, holding a Tier 1 (Investor) visa does not allow you to receive public funds, such as benefits and tax credits, on the basis that you have sufficient private funds to be able to live in the UK.

In addition, you may not work professionally as a sportsperson or coach or, except in specific cases, train as a doctor or dentist.

You can come to the UK with a Tier 1 (Investor) visa for a maximum of 3 years and 4 months and you can apply to extend your Tier 1 (Investor) visa for a further two years.

 

Tier 1 (Investor) visa eligibility

For the Tier 1 investor visa to be open to you as a route to British citizenship by investment, you will need to satisfy the visa eligibility requirements. You must have at least £2 million to invest in the UK and be at least 18 years of age.

 

Your funds must be:

  • held in one or more regulated financial institutions
  • free to spend (‘disposable’) in the UK

 
Your money can be in the UK or overseas when you apply.

You will not need to pass any English language requirements for the investor visa, although this is a requirement if you subsequently apply for ILR and citizenship.

Strict rules apply to the investment funds.

The investment amount being relied on for the application must be deposited in an account at a UK regulated bank. It must be in pounds sterling. You will need to prove the money belongs to either you or your husband, wife, unmarried or same-sex partner, and that the funds are disposable and available for use in the UK.

It must be invested in an actively trading company which is registered in the UK. It cannot be held in assets or property.

No later than 90 days after receiving your visa, the funds must be invested in share and/or loan capital in an actively trading company which is registered in the UK and an investment of at least £2 million needs to be maintained throughout the visa period, although it is permitted to withdraw income earned from the investment.

It is important that you consider these investments carefully as some types are not allowed under the visa terms, such as, investment in certain property companies and open-ended investment companies or OEICs.

If you decide to sell an investment, a new investment must be acquired for no less than the sold price. The new investment must be purchased by the earlier of the end of the reporting period or the date falling six months after the sale.

Although the funds do not need to be in the UK at the time of application, it is important that you check for any regulations or sanctions in the country in which they are held as these could cause difficulties in transferring the funds to the UK.

 

What is the application process for a Tier 1 (Investor) visa?

The application for a Tier 1 (Investor) visa cannot be made more than three months before you travel to the UK.

In order to apply for a Tier 1 (Investor) visa, you will in most cases need to make an online application.

Extensive documents and evidence to support your eligibility and that the investment funds meet the criteria must be provided as part of the application process. The applicant documents include:

  • a valid passport with at least one blank page or another form of identification which can be used for travel; and
  • a criminal record certificate.

 
A criminal record certificate is required to be provided in relation to any country in which you have lived for at least one year in the last ten years. This one-year period does not need to be continuous. The certificate must be recent, that is, provided within six months of your visa application.

Applicants from certain countries will also need to undertake a tuberculosis test and provide the results to the Home Office.

The investment fund documents primarily relate to evidencing the applicant’s ownership of the funds and comprise:

  • Evidence of the amount and where it is held
  • Confirmation of the source of the funds if the applicant has held them for less than two years
  • Confirmation that the funds can be converted into pounds sterling and can be moved to the UK, assuming that they are held outside of the UK at the time of application
  • Evidence that the applicant has a bank account with a UK regulated financial institution

 
If the funds belong to your spouse or partner, additional evidence will be required as follows:

  • Proof that you and your partner have been in a relationship for over two years or are married, such as a marriage certificate, joint mortgage documents, joint bank account documents, child’s birth certificate showing both partners as parents, a life insurance policy stating the other partner as the beneficiary and so on;
  • A declaration from your spouse or partner that you are permitted to control the funds in the UK; and
  • A document from a legal adviser confirming that the permission declaration is valid.

 
A certified translation will also be required if any of the application documents are not written in English or Welsh.

In addition, you are required to submit your biometric details so that you can be granted a biometric residence permit.

The Home Office should inform you of its decision regarding your application within three to four weeks of your application date. In the event that any documents are not provided or are incorrect, the Home Office will contact you and require you to provide the correct documents within ten working days.

 

How much does a Tier 1 (Investor) visa cost?

The current application fee for a Tier 1 (Investor) visa is £1623 (as at April 2021). In addition, you will need to pay the Immigration healthcare surcharge for the duration of the visa.

 

What happens once my application has been submitted? 

If you are granted a Tier 1 (Investor) visa and your application was made in the UK, your residence permit will be sent to you. If, however, your application was made from outside the UK, you will need to collect your residence permit once you arrive in the UK. This will be from either a Post Office or your sponsor (if applicable). The collection point will be set out in the decision letter that you receive from the Home Office.

It is important that your residence permit is collected no later than ten days after your arrival date as stated in your application, notwithstanding the actual date of your arrival. For example, if your application stated that you would arrive in the UK on 2 September, you must collect your residence permit by 12 September, even if your actual arrival date was 10 September.

If your application for a Tier 1 (Investor) visa is not successful, take advice on your options in light of the grounds for refusal.

 

Applying for UK citizenship by investment

A key feature of the investor visa is that it can lead to UK citizenship for the visa holder and their visa dependants in a shorter time than most other UK visa catgories.

The holder of a Tier 1 (Investor) visa can apply to settle in the UK under Indefinite Leave To Remain in the UK (ILR) after a certain period of time. This qualifying period varies depending on the amount that you have invested in the UK. If you:

  • Maintain your original £2 million investment, you can apply for ILR after five years;
  • Increase your investment to £5 million, you can apply for ILR after three years; and
  • Increase your investment to £10 million, you can apply for ILR after two years.

With 12 months of ILR, you then become eligible to apply to naturalise as a British citizen. To apply, you must:

  • have been resident in the UK for at least five years (the residential qualifying period);
  • have been physically in the UK on the exact day five years prior to the application date;
  • not have been outside of the UK for more than 450 days in the residential qualifying period; and
  • not have been outside of the UK for more than 90 days in the previous 12 months.

 

You will also need to show you have passed the Life in the UK test, that you meet the English language requirement and that you satisfy the general grounds for admissibility such as passing the good character requirement.

If you are granted citizenship, you can apply for a British passport. A British passport enables you to travel visa-free to over 150 countries, including the USA under the visa waiver program.

 

Alternatives to the Tier 1 (Investor) visa for citizenship by investment 

There are various visa options to reside in the UK and it may be that an alternative to the Tier 1 (Investor) visa is more appropriate for you for citizenship by investment. For example, the Innovator visa is directed at entrepreneurs. To apply for the Innovator visa, you must satisfy the following requirements:

  • be able to obtain at least £50,000 for use in your business;
  • show a viable business concept which has the support of an endorsing body in the UK. You will need a business plan and evidence that you are active in the business, as well as evidence of your qualifications and experience in running a business;
  • provide evidence that you have the necessary funds to live in the UK;
  • employ at least two people in the business; and
  • have achieved the upper intermediate (B2) level of English.

 
The innovator route can lead to UK settlement after 3 years if you are eligible.

While the investment amount is considerably less than the investor visa, you will under the innovator route have to show you will be active in directing the business.

 

Do you need advice about UK citizenship by investment?

The route from UK visa to residency and citizenship is challenging to navigate. It requires careful planning of the investment activity to ensure compliance with the strict Home Office requirements. Each individual application will demand extensive preparation to evidence your eligibility as an individual and your investment activity.

We work closely with investors, wealth managers, leading UK banks and other advisors in preparing and submitting visa applications for investors, entrepreneurs and their families.

As a dedicated team of immigration lawyers we can assist you with:

  • A consultation to advise on the relevant requirements and documentation requirements
  • Initial applications from outside and inside the United Kingdom
  • Extension applications
  • Applications for indefinite leave to remain under the ordinary and accelerated routes
  • Appeals against any negative decisions made inside the UK
  • Requests for the administrative review of any negative decisions made outside the UK
  • Applications for permission to apply for Judicial Review where necessary
  • Any other advice or assistance that you may require
  • Applying for citizenship by investment

 

UK immigration rules are subject to constant change and revision, making it critical that applicants obtain up-to-date legal advice before making their applications. As specialists in UK immigration, we work with individuals from across the globe seeking residency and citizenship in the UK. We can support you and your family through the Home Office application process, providing expert advice and assistance to overseas investors looking to enter the UK through the Tier 1 investor visa category. Contact us for specialist advice.

 

Citizenship by investment FAQs

How can I get UK citizenship through investment?

To apply for a Tier 1 investor visa, you will need to make a qualifying investment of £2,000,000 to settle in 5 years, £5,000,000 to settle in 3 years or £10,000,000 to settle in 2 years.

Can you get UK citizenship by buying property?

Investors cannot rely on investment in UK property assets as the basis of an application for residency or citizenship.

How much does it cost to buy British citizenship?

Provided you meet the eligibility requirements to naturalise as a British citizen, you will need to make an application and pay the Home Office application fee of £1,330.

Last updated: 27 March 2021

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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