Guidance - Points Based System Tier 1, Investor (INF
23)
Last updated 20 February 2009
This
guidance is for applicants who are resident
outside the United Kingdom. It explains what
to do if you are a person of high net worth wanting to
make a substantial financial investment in the United
Kingdom (UK) under Tier 1 (Investor) of the Points
Based System. It is only a guide but it aims to
answer some common questions.
What is the Points Based
System?
The
Points Based System (PBS) is a system for managing
migration for those wishing to enter the UK for work or
study.
When did it start?
Tier 1
(General) Migrant of the Points Based System was
launched for foreign nationals living in the UK on 29
February 2008 and replaced the Highly Skilled Migrant
Programme (HSMP). On 30 June 2008 three additional
sub-tiers were rolled-out and the programme was extended
to include applicants resident overseas. The four
sub-tiers are Tier 1 (General) Migrant, Tier 1
(Investor), Tier 1 (Entrepreneur) and Tier 1 (Post-Study
Work). Tier 2 for Skilled Workers and Tier 5 for
Temporary Workers and the Youth Mobility Scheme were
launched worldwide on 27 November 2008. See the
companion leaflets in this series for the other PBS
routes. The first stage of Tier 4 (General) Student and
Tier 4 (Child) Student is rolled-out on 31 March 2009.
What do I need to make my
application?
-
Your
passport or travel document;
-
The
application forms VAF9 (please
ask) and Appendix 2
(please ask)with all mandatory sections completed;
-
The
fee as published on the visa fees page on this
website. This cannot be refunded and you must pay in
local currency;
-
Your
biometric details (see below);
-
A recent passport sized photograph
Please note: photographs should measure 45mm x 35mm
and be:
-
in
colour taken against a white background;
-
clear and of good quality and not framed or backed;
-
printed on normal photographic paper;
-
full face and without sunglasses, hat or head
covering (unless it is worn for cultural or
religious reasons but the face must not be covered)
(If the application is successful, the photographs
provided will be reproduced on the visa vignette.)
-
All
documents as specified in the Tier 1 (Investor)
Guidance as stated in the Immigration Rules. If you
do not submit relevant documents, your application is
likely to be refused as we will be unable to award the
relevant points.
What are my biometric
details?
Biometric details are scans of all 10 fingers and a
full-face digital photograph. You will need to provide
your biometric details in person. The whole procedure
should take no more than 5 minutes to complete. Your
visa application will not be processed until you have
met this requirement.
What are Visa Application
Centres (VACs)?
In some
countries we are working with commercial companies to
run Visa Application Centres. The VACs are in largely
populated areas making it easier and more convenient for
people to apply for a UK visa. Trained staff at each VAC
deals with all visa enquiries and applications. They
collect your biometric information along with the
relevant fees and provide unbiased advice on the
application process, including whether or not you have
included all the necessary documents. Entry clearance
staff at the British mission will then consider your
application and decide whether to issue or refuse your
visa. VAC staff will have no say in this decision.
How are the points
calculated?
Points
are awarded for what are called "Attributes", for which
you need to score a minimum of 75 points. In order to
be awarded these you must have either:
-
Money
of your own held in a regulated financial institution
which is disposable in the United Kingdom amounting to
no less than £1 million; or
-
Personal assets, taking into account any liabilities,
which have a value exceeding £2 million. Assets held
by your husband, wife, civil partner, unmarried or
same sex partner either jointly or in your partner’s
own name can be taken into account when assessing your
net worth; and
-
Money
under your control held in a regulated financial
institution which is disposable in the United Kingdom
amounting to no less than £1 million which has been
loaned to you by a financial institution regulated by
the UK Financial Services Authority (FSA). You may
not mix personal funds and borrowed funds in order to
meet the total £1 million investment.
The
money may be held overseas at the time of application or
it may already be in the United Kingdom. If the money
is not held in pounds sterling you must convert its
value into pounds sterling on the application form.
You may
rely on money you own jointly with your husband, wife,
civil partner, unmarried or same sex partner. You may
also rely on money owned solely by your husband, wife,
civil partner, unmarried or same sex partner. If the
funds are held jointly you must have unrestricted right
to transfer and dispose of the funds and have permission
from your husband, wife, civil partner or unmarried or
same sex partner to have control of these funds in the
United Kingdom.
There
is no requirement to demonstrate English language
ability or to provide separate funds for personal
maintenance.
What supporting documents
should I include with my application?
You
should include originals of all documents specified.
They must be on the official letter-headed paper or
stationery of the organisation and must have been issued
by an authorised official of that organisation. You
should also provide a copy of each
document. Where a document is not in English or Welsh,
the original must be accompanied by a fully certified
translation by a professional translator. This
translation must include details of the translator’s
credentials and confirmation that it is an accurate
translation of the original document. It must also be
dated and include the original signature of the
translator. If you do not provide the specified
documents, we will not contact you to ask for them.
Therefore, if you fail to send the correct documents we
may refuse the application.
You should provide full contact details for each
document supplied. You should also provide any
information/explanation of the documentation submitted,
that may assist us in our consideration.
IF USING YOUR OWN MONEY
(OR THAT OF YOUR HUSBAND, WIFE, CIVIL PARTNER, UNMARRIED
OR SAME SEX PARTNER)
Evidence
of funds
You must provide one or more of the documents listed
below.
-
Portfolio report or breakdown of investments
produced by an authorised financial institution (AFI)
covering the three consecutive months immediately
before the application
If the money has been in the United Kingdom
in the previous 12 months you may use a report
produced by an authorised financial institution or
provide a breakdown of your investments in a letter
from the institution. The letter must be original on
the official letter headed paper of the institution
and authorised by an official of that institution. The
portfolio report or letter must confirm all of the
following:
-
the
amount of funds held in the investment;
-
the
beneficial owner of the funds (this must be the
applicant and/or husband, wife, civil partner,
unmarried or same sex partner);
-
the
date of the investment period covered;
-
that the institution is regulated by the Financial
Services Authority with details of the registration
shown on the documentation;
-
that the money can be transferred to the United
Kingdom; or
-
that the money has already been invested in the
United Kingdom in the form of UK Government bonds,
share capital or loan capital in active and trading
companies registered in the UK. The dates of
investments must be included. Investments must have
been be made within the 12 months immediately before
the date of the application.
-
Portfolio not managed by a regulated financial
institution covering the three consecutive months
immediately before the application
You must provide one or more of the documents
from the list below as relevant to the type of
investment:
-
certified copies of bond documents, showing value,
date of purchase and name of owner;
-
share documents showing value, date of purchase and
name of owner;
-
the
organisation’s last audited accounts showing loan
capital investment.
These accounts must clearly show:
-
the amount of funds held in the investments;
-
your name (or that of yourself and/or your
husband, wife, civil partner, unmarried or same
sex partner);
-
the date of investment.
-
Where no accounts have been produced a certificate
from an accountant showing the amount of funds held
in the investments may be acceptable. The accountant
must be a member of a recognised supervisory body in
the country in which they operate.
-
Trust fund document showing value, date of purchase
and name of owner.
-
Personal bank statements regulated by the home
regulator showing the amount of cash available in your
name or that of yourself and/or your husband, wife,
civil partner, unmarried or same sex partner covering
the three consecutive months immediately before the
application
-
statements must be original on official bank
stationery showing the full amount of cash
available;
-
electronic bank statements must be accompanied by a
supporting letter from an authorised official of the
bank on the institution’s official headed paper
confirming the content and that the document is
genuine. If you wish to submit electronic bank
statements from an online account, you should also
provide a supporting letter from your bank on the
institution’s official headed paper confirming the
content and that the document is genuine. This
letter must have been issued by an authorised
official of that instiuion. If the full amount does
not appear in all of the bank statements from the 3
month period then you must also provide evidence of
the source of the money, from the list of additional
evidence from the list below;
-
the
bank must be regulated by the home regulator.
-
Letter from a bank that is regulated by the
home regulator confirming that you (or you and/or your
husband, wife, civil partner, unmarried same sex
partner have held the required amount of cash for the
three consecutive months immediately before the
application
If you
cannot provide bank statements we will require a letter
from your bank confirming that you have held the
required amount of cash for the full three months before
the application. This must be original on the
institution’s official headed paper and issued by an
authorised official of that institution. The letter
must confirm all of the following:
-
your name (or that of yourself and/or your husband,
wife, civil partner unmarried or same sex partner)
and that the cash is available in your name(s);
-
the
dates of the period covered. This must include the
full three months immediately befor the date of the
application;
-
the
balance of the account to cover the amount claimed
as a credit balance for the full period of three
months immediately before the date of the
application.
Evidence of source of funds
If the
money has not been held in the portfolio or bank account
for three months or more, you must provide every item of
evidence to establish the source of your funds. The
following sources of funds is acceptable if the evidence
specified below is provided:
-
-
Gift - original documents in the form of an
irrevocable memorandum of gift and letter from a legal
adviser
-
irrevocable memorandum – this is an
official document that confirms a gift to you (or to
you and/or your husband, wife, civil partner,
unmarried or same sex partner) and must be within
the three months immediately before the application.
You must supply the original document together with
confirmation from a legal adviser that the
memorandum of gift is valid and binding according to
the laws of the country in which it was made.
-
letter from a legal adviser – this
must be an original letter from a legal adviser
permitted to practise in the country where the gift
was made.
-
Deeds of sale – original documents in the form
of deeds of sale of assets and letter from a legal
adviser
-
deeds of sale of assets – these may
be deeds for a business or property if funds from
the sale of these have been generated in the three
months immediately prior to the application. You
must supply the original document together with
confirmation from a legal adviser that the sale was
genuine and the funds are available to you.
-
letter from a legal adviser – this
must be an original letter from a legal adviser
permitted to practise in the country where the sale
was made.
-
Evidence of a business – original documents in
the form of business financial accounts and letter
from a legal adviser
-
business financial accounts – You
must supply the original accounts together with
confirmation from a legal adviser that the accounts
are genuine and that you can lawfully extract the
cash from the business. The accounts must be profit
and loss (or income and expenditure if the
organisation is not trading for profit) and the
balance sheet should be signed by a director.
Accounts should be prepared in accordance with
statutory requirements and clearly show the amount
of cash available for investment.
-
letter from a legal adviser – this
must be an original letter from a legal adviser
permitted to practise in the country where the
business operates.
-
Will – notarised copy of a will and letter
from a legal adviser confirming the will’s validity
-
will – if you (or you and/or your
husband, wife civil partner, unmarried or same sex
partner) have been the beneficiary of a will within
the three months before making the application and
received cash as a result you must provide a
notarised copy of the will together with a letter
from your legal adviser confirming the validity of
the will. If you received assets and possessions
rather than cash you may not use estimates of the
value of the items as evidence of funds for
investment.
-
letter from a legal adviser – this
must be an original letter from a legal adviser
permitted to practise in the country where the will
was made.
-
Divorce settlement – notarised copy of a
divorce settlement and letter from a legal adviser
confirming that the document is valid
-
divorce settlement - if you (or you
and/or your husband, wife civil partner, unmarried
or same sex partner) have obtained money as a result
of a divorce settlement within three months before
making the application and have received cash as a
result you must provide a notarised copy of the
divorce settlement together with a letter from your
legal adviser confirming that the document is valid.
If you received assets and possessions rather than
cash you may not use estimates of the value of the
items as evidence of funds for investment.
-
letter from a legal adviser – this
must be an original letter from a legal adviser
permitted to practise in the country where the
divorce took place.
-
Award or winnings – in the form of an original
letter from an organisation issuing the financial
award or winnings and letter from a legal adviser
-
winnings – the winnings must be
declared genuine by an original letter from the
organisation issuing the award or winnings and you
must also provide a letter from your legal adviser
confirming that the document is valid.
-
letter from a legal adviser – this
must be an original letter from a legal adviser
permitted to practise in the country where the award
was made.
-
Other sources of funds
If you (or you and/or your husband, wife civil
partner, unmarried or same sex partner) receive money
from a source not listed above you must provide
original documentation as evidence of the source of
funds together with independent supporting evidence.
Evidence
that the funds can be transferred
All of the £1 million funds required to meet the Tier 1
(Investor) requirements must be freely transferable to
the United Kingdom and convertible to pounds sterling.
If your funds are not held in the United Kingdom or you
do not have a portfolio of investments in the United
Kingdom you must provide a letter from your bank or
financial institution as evidence that the funds can be
transferred to the United Kingdom. The institution must
be regulated by the home regulator (official regulatory
body for the country in which the institution
operates). The letter must be an original on the
official letter-headed paper of the bank or financial
institution and must confirm:
-
the
name of the beneficial owner (you or you and/or your
husband, wife, civil partner, unmarried or same sex
partner);
-
the
date of the letter;
-
the
amount of money to be transferred;
-
that
the money can be transferred to the United Kingdom;
and
-
that
the institution will confirm the content of the letter
to us on request.
Evidence
required for joint funding
If your funds are held jointly with your husband, wife,
civil partner unmarried or same sex partner then that
person must give permission for you to control these
funds in the United Kingdom, and a document stating this
must be sent with the application. You must provide
evidence from each of the following three sections:
-
your
original certificate of marriage or civil partnership
to confirm your relationship. This should include
your name and that of your husband, wife or civil
partner or evidence to demonstrate at least a two-year
relationship similar in nature to marriage or civil
partnership.
-
a
declaration from your husband, wife, civil partner,
unmarried or same sex partner that he/she will permit
all joint or personal funds used to claim points for
the application to be under your control in the United
Kingdom. This must be an original document. The
effect of the document is that your husband, wife,
civil partner, unmarried or same sex partner is not
able to access the funds without your consent and you
must be able to use the funds freely without the
consent of your husband, wife, civil partner,
unmarried or same sex partner.
-
a
letter from a legal adviser confirming that the
declaration is valid. This is a legal adviser who is
permitted to practise in the country where the
declaration was made.
IF USING MONEY LOANED
BY A FINANCIAL INSTITUTION REGULATED BY THE FINANCIAL
SERVICES AUTHORITY (FSA)
You will need a letter of confirmation produced
by an authorised financial institution in the United
Kingdom. This must be an original letter on the
official letter-headed paper of the institution and must
confirm the following:
-
that
not less than £1 million is available for you to
borrow: and
-
that
the funds are available on the date that the letter is
issued; and
-
that
the authorised financial institution is regulated by
the Financial Services Authority; and
-
that
your personal net worth is at least £2 million
-
that
the institution will confirm the content of the letter
to us on request.
Additional documentary evidence required for
sponsored students
If you had permission to be in the UK in the last 12
months as a student, student nurse, student re-sitting
an examination or postgraduate doctor or dentist, you
may have been sponsored by a Government or international
scholarship agency. If you are currently sponsored by
one of those or that sponsorship ended within the past
12 months of this application being made, you must
provide us with your sponsor’s unconditional consent in
writing giving you permission to re-enter the UK.
Without this we will refuse your application. The
evidence must be original, on the official letter-headed
paper or stationery of the organisation and bear its
official stamp. It must have been issued by an
authorised official of that organisation. If you have
received private sponsorship, for example from an
employer or relative we do not need the sponsor’s
consent.
We will refuse your application if we find that
any documents are false.
How long will I be able to
stay in the UK?
The
visa will be issued for a maximum period of two years.
Can I appeal if my
application is refused?
Outside
the UK a refusal of entry clearance under PBS does not
attract a full right of appeal. You can appeal only on
one or more of the following grounds referred to in
Section 84(1)(b) and (c) of the Nationality, Immigration
and Asylum Act 2002:
-
that
the decision is unlawful by virtue of Section 19B of
the Race Relations Act 1976 (c.74) (discrimination by
public authorities), and/or
-
that
the decision is unlawful under Section 6 of the Human
Rights Act 1998 (c.42) (public authority not to act
contrary to Human Rights Convention) as being
incompatible with the appellant's Convention rights.
However, all applicants can apply for an Administrative
Review, which is a mechanism for reviewing refusal
decisions.
What is Administrative
Review?
If we
refuse an application for entry clearance and you think
that an error has been made, you can ask us to check our
decision. This is known as an Administrative Review.
You
must complete this in full and send it directly to the
address stated on the Request Notice.
You
must not send any additional documents
such as passport/travel document or supporting documents
with the Administrative Review Request Notice. If the
refusal is subsequently overturned, you will be asked to
send in your passport/travel document. You may request
only one Administrative Review per
refusal decision. Any further review requests for the
same refusal decision will not be accepted and will be
returned to you.
The
Administrative Review will be completed within 28 days
and you will be notified of the result in writing. The
result of the Review may be sent from a different Post
to where the original decision was made, to ensure that
the Review is independent.
If you
are already in the United Kingdom you cannot apply for
an Administrative Review.
Can my dependants join me
in the UK?
Your
husband, wife, civil partner or eligible partner and
children under 18 can join you as your dependants in the
UK provided they have a visa for this purpose.
Partners (married, unmarried, same sex) must intend to
live together and the relationship must be subsisting.
They must be maintained and accommodated without needing
any help from public funds. Your partner must not
intend to stay beyond any period of leave granted to
you.
If your
dependent child is working full-time or earning enough
money to support himself/herself, it is unlikely that
he/she will qualify for entry to the UK as a dependant.
Dependent children must also be able to demonstrate that
they have not formed their own independent family, are
unmarried and not leading an independent life. If a
dependent child has previously been married or formed a
civil partnership, or lived in a relationship that is
similar to marriage or civil partnership, he/she will
usually be considered to have formed an independent
family and will not be eligible to enter the UK as the
dependant of his/her parents. Although dependent
children may seek employment whilst in the UK they must
remain financially dependent on their parent to qualify
as dependants.
What do my dependants need
to make an application?
Your
dependants will need entry clearance but will not
themselves be entering the UK under the Points Based
System. They will need to satisfy similar conditions to
those in Paragraphs 194-199 of the Immigration Rules
which can be found on the UK Border Agency website. They
will need to make their application using form VAF10
either online or on paper depending upon the facilities
available in the country in which they are applying.
They will also need the following:
-
their
passport or travel document;
-
a
recent passport sized photograph (if the application
is successful, the photographs provided will be
reproduced on the visa vignette)
please note - photographs should measure 45mm x 35mm
and be:
-
in
colour taken against a white background;
-
clear and of good quality and not framed or backed;
-
printed on normal photographic paper;
-
full face and without sunglasses, hat or other head
covering (unless it is worn for cultural or
religious reasons but the face must not be covered)
-
the
visa fee. This cannot be refunded and they must
normally pay it in the local currency of the country
where they are applying;
-
their
biometric details;
-
supporting documents relevant to their application.
What supporting documents
should my dependants include with their application?
Your
dependants should include all the documents necessary to
show that they qualify for entry to the UK as your
dependant. If they do not, we may refuse their
application.
As a
guide, your dependants should include:
-
evidence of their relationship to you;
-
evidence that there is £1600 (or £533 if you have been
in the UK for more than 12 months) for each dependant,
in your or their personal bank account for
maintenance, and that the money has been there for at
least 3 months prior to the date they make their
application; and
-
a
copy of the pages from your passport/travel document
showing your permission to stay, if you are already in
the UK.
We will refuse their application/s if we find
that any documents are false.
What fee will my
dependants pay?
They
will pay the same fee as you.
What are public funds?
Under
the Immigration Rules, if you want to travel to the UK,
you must be able to support yourself and any dependants
without claiming certain benefits.
Check your visa
Please
check your visa when you get it. You should make sure
that:
-
your
personal details are correct
-
it
correctly states the purpose for which you want to
come to the UK, and
-
it is
valid for the date on which you want to travel. (You
can ask for it to be post-dated up to three months if
you do not plan to travel immediately).
More advice and
information
Please
read other guidance on this website. The full list is
accessible through links on the left hand side of this
page.
If you
are outside the UK please contact your nearest visa
application centre (VAC) or where no VAC is in
operation, your nearest British mission where there is a
visa section.
Where can I get immigration advice?
If you
need help with your application or advice about the UK’s
Immigration Rules and requirements, you should seek
advice from a qualified immigration adviser. In the UK
these are immigration advisers regulated by the Office
of the Immigration Services Commissioner or legally
qualified professionals regulated by designated
professional bodies. The Law Societies of England,
Wales, Scotland and Northern Ireland and the Institute
of Legal Executives can provide a list of Law Firms who
can advise on immigration matters.
For more advice and information about extending
your stay once you are in the UK:
The UK
Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
For advice on bringing personal belongings and
goods into the UK contact:
HM
Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Drugs warning
Anyone found smuggling drugs into the UK will face
serious penalties. Drug traffickers may try to bribe
travellers. If you are travelling to the UK, avoid any
involvement with drugs.
False documents
It is better to explain why you do not have a document
than to submit a false document with an application.
Applicants will be automatically refused and may be
banned from coming to the UK for 10 years if they use a
false document, lie or withhold relevant information.
They may also be banned if they have breached
immigration laws in the UK.
Travellers to the UK who produce a false travel document
or passport to the UK immigration authorities for
themselves and/or their children are committing an
offence. People found guilty of this offence face up to
two years in prison or a fine (or both). |