#13645 - Tier 1 - Immigration

Has been endorsed by UK Trade and Investment

OR

Has been endorsed by a UK Higher Education Institution which:

1. Has a highly trusted sponsor status under Tier 4 of the Points Based System

2. Is an A rated sponsor under Tier 2 of the Points Based System

3. Is an A rated sponsor under Tier 5 licence is held, and

4. Has established processes and competence for identifying, nurturing and developing entrepreneurs among its undergraduates and post graduate population

25 POINTS (endorsements capped at 2,000 p/a)

• Usually be in country as Tier 4 GS so application would be for LTR as Tier 1 GE.

• Must have at least 945 of personal savings.

• Show it has been held at least consecutively for 90 days, ending no earlier than 31 days before date of application

• Documents produced to show from para. 1B Appendix C

Endorsement must confirm that the institution has assess the applicant and considers that:

1. The applicant has a genuine, credible and innovative business idea, and

2. The applicant will spend the majority of his working time on developing business ventures, and

3. If applicant’s previous grant of leave was as a Tier 1 (Graduate Entrepreneur), he has made satisfactory progress in developing business since leave was granted and will, on balance of probabilities, qualify for LTR as Tier 1 (Entrepreneur) Migrant within next 12 months.

25 POINTS

Content of endorsement:

1. The endorsement is issued to the applicant no more than 3 months before the date of application;

2. The endorsement has not been withdrawn by relevant Higher Education Institution at time the application is considered by HO

3. Applicant provides original endorsement which sets out information prescribed in para. 70(c) of Appendix A.

Have access to 2 million that is in a regulated financial institution and disposable in the UK

EVIDENCE:

• Show that can make an investment of at least 2 million in the UK.

• Money may already be in the UK or held overseas at time of application.

• If it is not converted in sterling, it must be using Oanda website on the date of application

• Money held jointly with spouse can be included

Para 61-SD

(b) applicant must provide an original declaration from husband, wife, CP, unmarried or same sex partner that he will permit all joint or personal money used to claim points for the application to be under the control of the applicant in the UK…

Applicant to produce documents from para. 64A-SD

1. Portfolio report or breakdown of investment in a letter produced by a UK regulated financial institution covering the 3 consecutive months in period immediately before application. If money already invested in UK in the last 12 months or is held abroad, he has such a report, he may use it as evidence. Can also include letter from an authorised financial institution for breakdown of investment. ONLY INVESTMENTS MADE IN UK WITHIN 12 MONTHS IMMEDIATELY BEFORE APPLICATION ARE ELIGIBLE FOR POINTS. Investments which count are: government bonds, share capital, loan capital in active or trading companies registered in UK

2. Where applicant manages his own investment or has a portfolio manager who does not operate in the UK, he must produce documentary evidence of his holdings. Evidence includes certified copies of bonds, shares certificates and audited accounts. All documents must cover 3 months consecutively before application

3. If funds are in a bank account, the applicant must provide personal bank statements from a bank that is regulated by the official regulatory body for country in which institution operates.

• Must show amount of money held in the name of applicant and/or spouse, CP etc

• Must be consecutive bank statements covering 3 months immediately before application.

• Letter from bank may be acceptable

• Original irrevocable memorandum of gift and

• Letter from legal adviser confirming that it is valid and binding according to laws of the country

• Business accounts and

• A letter from a legal advisor confirming that the applicant can lawfully extract money from the business

• Notarised copy of the terms of the divorce settlement and

• A letter from a legal adviser confirming that the document is valid

• Money received from court action, original document required by HO and letter confirming court action from solicitor

• Letter from bank or financial institution confirming that money can be transferred to UK.

Applicant has 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, subject to the restrictions set out in para. 65.

The investment referred to above was made:

1. Within 3 months of the applicant’s entry to the UK, if he was granted entry clearance as a Tier 1 (Investor) Migrant and there is evidence to establish his date of entry to the UK, unless there are exceptionally compelling reasons for the delay in investing, or

2. Where there is no evidence to establish his date of entry in the UK or where the applicant was granted EC in a category other than Tier 1 (Investor) Migrant, within 3 months of the date of the grant of EC or LTR as a Tier 1 (Investor) Migrant, unless there are exceptionally compelling reasons for delay in investing, or

3. Where the investment was made prior to the application which led to the first grant of leave as Tier 1 (Investor) Migrant, no earlier than 12 months before the date of such application, and in each case the level of investment has been at least maintained for the whole of the remaining period of that leave

‘compelling reasons’ must be unforeseeable and outside the applicant’s control.

75

Investment, by para. 65 does not include: offshore company or trust, open ended investment companies, investment trust companies or pooled investment vehicles, companies mainly engaged in property investment, property management or property development, deposits with a bank, building society or other enterprise whose normal course of business includes that acceptance of deposits, ISAs, premium bonds and savings certificates issued by NS&I.

Maintaining level of investment by para.65. points awarded if:

1. Applicant has maintained a portfolio of qualifying investments for which he paid a total purchase price of 2 million throughout such period; and

2. If the applicant sells any part of the portfolio of qualifying investments during the specified continuous period of leave such that the price he paid for the remaining portfolio falls below 2 million, the shortfall is fully corrected within the same reporting period by the purchase of further qualifying investments.

Post entry settlement: spent continuous 5 years in UK (or if 5 million invested can settle in 3 years).

• Application for settlement under Para. 245EF

1. Does not fall for refusal under general grounds and is not an illegal entrant

2. Scores 75 points in attributes

3. Sufficient knowledge of English and life in the UK.

Family members staying with him can apply for settlement, same time as investor migrant.

Partner (para. 319C)

• Spouse, CP, unmarried or same sex partner

1. Must not fall for refusal under general grounds and must not be illegal entrant nor in breach of immigration laws apart from 28 days overstay

2. A must be spouse, CP, unmarried or same sex partner of person who:

1. Has valid leave to enter or remain as Tier 1 Migrant; or

2. Is, at the same time, being granted EC or LTR as Tier 1 Migrant.

3. An applicant who is the unmarried or same sex partner of Tier 1 Migrant must also meet the following:

1. Any previous marriage or CP of either party has permanently broken down

2. A and Tier 1 Migrant must not be so closely related that they would be prohibited from getting married

3. A and Tier 1 Migrant must have been living together in a relationship...