Continuous residence criteria to be eligible for ILR

• To qualify for settlement under the Tier 1 (Investor) Visa, you need to have spent five continuous years in the United Kingdom under this visa category. However, there are opportunities for accelerated settlement if you meet specific criteria, allowing you to apply for indefinite leave to remain (ILR) after just two or three years of continuous residence. It is important to note that you cannot combine your time spent under the Tier 1 (Investor) Visa with time spent under any other visa category to meet this continuous leave requirement.
• Your qualifying period for settlement begins from the date your initial application for entry clearance or leave to remain was approved. You can apply for settlement up to 28 days before you reach the end of your qualifying period. Applying earlier than this may result in the refusal of your application. The qualifying period can be the five, three, or two years immediately before the date you apply for settlement or the date your application is decided, depending on which is most beneficial for you. If you have been in the UK for longer than the required period, only the most recent five, three, or two years will be considered.

What are the rules regarding absences for tier 1 (investor) settlement?

• During your qualifying period for settlement, you must not have been absent from the UK for more than 180 days in any consecutive 12-month period. All absences must be recorded, including the reasons for each absence, but you do not need to provide specific evidence to support this unless your absence was to assist with a national or international humanitarian or environmental crisis. In such exceptional cases, like the Ebola crisis in West Africa in 2014, you must provide evidence of your involvement in these efforts.
• Time spent outside the UK between your entry clearance being granted and your actual entry into the UK counts towards your 180 days of permitted absences. For instance, if you entered the UK 100 days after receiving your entry clearance and then had an additional 81 days of absence during the remainder of that year, you would exceed the permitted number of absences and would not qualify for settlement after the required period. You would need to wait until you have a qualifying period with fewer than 180 days of absence in any consecutive 12-month period.

How to manage excessive absences from the UK?

• If you have been absent from the UK for more than 180 days in any consecutive 12-month period, you will need to restart your qualifying period for settlement. This may mean obtaining another grant of limited leave to remain to complete your continuous period in the UK. For applications made from January 11, 2018, absences are considered on a rolling basis rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be evaluated under the previous rules, which considered separate 12-month periods ending on the same date as your settlement application.

What are the specific investment criteria for tier 1 (investor) visa settlement?

• When applying for settlement under the Tier 1 (Investor) Visa, the Home Office has set out specific investment criteria that vary based on when you initially entered the route and when you apply for settlement. The investment thresholds and types of acceptable investments differ depending on these dates.

Investment requirements for applications made before April 2022

• If you were granted a Tier 1 (Investor) Visa before November 6, 2014, and are applying for settlement before April 6, 2022, you must have invested at least £1 million over five years. At least 75% of this investment should be in UK share capital, loan capital in active and trading UK-registered companies, or UK Government bonds. The remaining balance can be invested in other UK assets or maintained as money on deposit in a UK-regulated financial institution.

Investment criteria for applications between April 2022 and April 2025

• For those who received their initial Tier 1 (Investor) Visa before November 6, 2014, but apply for settlement on or after April 6, 2022, and before April 6, 2025, the required investment amount increases to £2 million. This investment must have been maintained for five years in UK share capital or loan capital in active and trading UK-registered companies or UK Government bonds. However, only the time from when your investment was increased to £2 million counts towards your continuous residence period.

Criteria for applications after April 2025

• If you were initially granted a Tier 1 (Investor) Visa before November 6, 2014, and apply for settlement on or after April 6, 2025, you must have maintained an investment of at least £2 million for five years. While this investment can initially include UK Government bonds, it must be moved into other qualifying investments before April 6, 2025.

Investment requirements for post-November 2014 entrants

• For those who entered the Tier 1 (Investor) route after November 6, 2014, but before March 29, 2019, and apply for settlement before April 6, 2025, the required investment is also set at £2 million. This investment must be maintained in UK share capital or loan capital in active and trading UK-registered companies or UK Government bonds. If you apply for settlement on or after April 6, 2025, any investments in UK Government bonds must be transferred to other qualifying investments before this date.

Post-March 2019 entrants

• Individuals who entered the Tier 1 (Investor) Visa route on or after March 29, 2019, must maintain an investment of at least £2 million over five years. This investment must be in UK share capital or loan capital in active and trading UK-registered companies.

What is the specified date for settlement applications?

• For those seeking settlement under the Tier 1 (Investor) Visa, it is imperative to invest the required amount within three months of your specified date. This specified date is crucial in determining your investment timeline. If you were granted entry clearance as a Tier 1 (Investor), your specified date is either your actual date of entry into the United Kingdom, if evidenced, or the date of your entry clearance if no entry evidence exists. If you were granted leave to remain as a Tier 1 (Investor), the specified date is the date shown on your approval letter.
• In situations where the investment was made before your initial Tier 1 (Investor) application, provided it was no earlier than 12 months before that application, it will meet the requirements. To use the date of entry as your specified date, you must supply appropriate evidence, as detailed in earlier guidance on specified documents for extension applications. If such evidence is unavailable, or if your initial entry clearance was in a different category, the three-month period starts from the date you were granted entry clearance, leave to enter, or leave to remain as a Tier 1 (Investor).

Knowledge of Life and Language Requirements

• When applying for settlement, you must demonstrate knowledge of life and language in the UK unless you qualify for an exemption. This can be shown by passing the Life in the UK test and holding an English-speaking and listening qualification at level B1 or above.

Importance of complying with investment rules

• It is crucial to adhere to these investment requirements to qualify for settlement under the Tier 1 (Investor) Visa. The specific criteria ensure that your investments contribute to the UK economy, either through direct investment in companies or through financial institutions regulated by the UK. Proper management and documentation of these investments are essential to demonstrate compliance with the visa conditions and to successfully apply for indefinite leave to remain.
• By understanding and following these detailed investment criteria, you can effectively plan your application for settlement under the Tier 1 (Investor) Visa. Ensuring that your investments meet the specified requirements will help facilitate a smooth transition to permanent residency in the United Kingdom.

Ensuring compliance with tier 1 (investor) visa rules

• To secure your settlement under the Tier 1 (Investor) Visa, it is critical to adhere to these detailed investment criteria and maintain accurate records of your investments and absences. Proper documentation and compliance with the regulations will help facilitate a smooth application process for indefinite leave to remain. By understanding and meeting these requirements, you can ensure that your investment in the UK is both legally compliant and strategically advantageous for your long-term residency plans.

Understanding the importance of compliance

• Compliance with these detailed requirements is essential for a successful settlement application under the Tier 1 (Investor) Visa. Proper documentation, timely investment, and adherence to general eligibility criteria will significantly enhance your chances of obtaining indefinite leave to remain in the United Kingdom. Understanding these guidelines and preparing your application meticulously will help ensure a smooth transition to permanent residency.

You can only count the time from up to three months before your investment was increased to £5 million or £10 million towards your accelerated continuous period. For example, if you were granted leave on January 1st after demonstrating you had £2 million to invest and increased your investment to £10 million on June 1st, the period from January 1st to March 1st would not count towards your continuous two-year period.

Meet additional criteria for accelerated ILR

• If you meet certain additional criteria, you may be eligible for accelerated ILR after just two or three years. This faster route requires higher investment thresholds or other qualifying factors that demonstrate your significant contribution to the UK economy. It is crucial to ensure all investments and activities comply with the guidelines set out by the UK immigration authorities to take advantage of this accelerated pathway.

What are the investment requirements for accelerated settlement under tier 1 (investor) visa?

• The investment requirements for the Tier 1 (Investor) Visa, whether for extension or settlement, are stringent and vary based on the amount invested and the duration of the investment. If you wish to apply for accelerated settlement, the Home Office allows for shorter qualifying periods provided you invest a higher amount. Specifically, you can apply for settlement after two years if you have invested £10 million, after three years if you have invested £5 million, or after five years if you have invested £2 million.

Increasing investment for accelerated settlement

• If you initially received entry clearance or leave to remain with a lower level of investment and later increased your investment to qualify for accelerated settlement, you must provide evidence of these additional funds. This includes demonstrating that you held the funds for a minimum period before investing them or providing evidence of their source. If your initial leave was granted before March 29, 2019, and your settlement application is before April 6, 2025, the minimum period is 90 days. In all other cases, it is two years.

Maintaining continuous lawful residence

• To qualify for settlement, you must have spent the specified continuous period lawfully in the United Kingdom, with absences not exceeding 180 days in any 12-month period. Additionally, if you have spent time in the Bailiwick of Guernsey, the Bailiwick of Jersey, or the Isle of Man with valid leave equivalent to Tier 1 (Investor), this time can be included in your continuous period of lawful residence, provided your most recent leave was as a Tier 1 (Investor) Migrant in the UK. The same 180-day rule applies to absences from these territories.

Timing and Documentation of Investments

• Your investment must be made no earlier than 12 months before the date of your initial Tier 1 (Investor) Visa application. The level of investment must be maintained throughout the specified continuous period, except for the first three months. You must provide specified documents to prove that this requirement has been met, ensuring that your funds have remained consistent and compliant.

Requirements for using loaned funds for ILR

• For those who entered the Tier 1 (Investor) route before November 6, 2014, and are applying for settlement before April 6, 2022, loaned funds may be used if certain conditions are met. If you are relying on a five-year continuous period, you must own personal assets valued at least £2 million, with at least £1 million loaned by a UK-regulated financial institution. For a three-year period, personal assets must be valued at £10 million, with £5 million loaned. For a two-year period, personal assets must be valued at £20 million, with £10 million loaned.

Calculating the accelerated continuous period

• You can only count the time from up to three months before your investment was increased to £5 million or £10 million towards your accelerated continuous period. For example, if you were granted leave on January 1st after demonstrating you had £2 million to invest and increased your investment to £10 million on June 1st, the period from January 1st to March 1st would not count towards your continuous two-year period.

• Obtaining an Extension or Settlement Visa can be a complex and daunting task. However, with the expert guidance of AGCL Immigration Services, you can navigate the process with confidence and clarity. Our dedicated team of immigration visa experts possesses a deep understanding of the intricacies involved in this specific visa category.
• We offer comprehensive support throughout your entire application journey, from meticulously preparing all necessary documents to ensuring your online application adheres to the strict standards set by the UK Home Office. We handle every step, including online submission and identity verification, so you can focus on your innovative business venture.
• By partnering with AGCL Immigration Services, you gain the invaluable guidance of experienced advisors ensuring its accuracy and completeness. This not only simplifies the process but also significantly increases your chances of a successful visa application. Let us help you turn your entrepreneurial vision into reality in the UK.

To obtain professional, most up-to-date, and accurate advice on your visa requirement you can contact our experienced, and accredited team of immigration consultants on 020 3911 1115 or send us your query using this form or email us on ukvisa@agclservices.com or request a call back by providing your contact details here and we will get back to you asap.

• It could take up to 8 weeks to process your application and make decision if your application is made from inside the UK. If you are applying from inside the UK, you should submit your application at least 8 weeks before your current visa expires.
• However, it is important to note that processing times can vary depending on several factors, such as the complexity of the application and the number of applications being processed.

Visa application fees for Investor Visa (extension and ILR)

• The visa application fee is £1884 for the applicant irrespective of you are applying from inside or outside the UK. If you are joining as a family member / dependant (spouse/child), the fee is £1,884 whether applying from outside the UK or (to extend or for ILR) from within the UK. These fees apply to each applicant, meaning that if you are adding dependents to your application, the cost per person remains the same.

IHS – Immigration Health Surcharge

• In addition to the visa application fee, you may be required to pay the healthcare surcharge, which grants access to the UK’s National Health Service (NHS) during your stay. The amount you need to pay depends on the length of your visa and the age of the applicant. For adults aged 18 or older, the surcharge is £1,035 per year, or 2,587.50 for a stay of 2 years and 6 months, or £3,105 for a stay of 3 years and so on. and £5,175 for a stay of 5 years. Health care surcharge is applicable for all main applicants as well as for dependants.

Expedited Decision Option

• Priority and Super Priority Visa Services: The UK Home Office offers two priority visa services: Priority Visa Service and Super Priority Visa Service. Please note that these fees are in addition to the standard visa application fee.
• Priority Visa Service: The Priority Visa Service allows you to get a decision on your visa application within 5 working days. The cost of the Priority Visa Service is £500.
• Super Priority Visa Service: The Super Priority Visa Service allows you to get a decision on your visa application within 1 working day. The cost of the Super Priority Visa Service is £1,000.
• The Priority and Super Priority services are designed to speed up the visa application process. However, it is important to note that there is no guarantee that your application will be processed within the specified timeframe.
• Please note that all fees and charges mentioned above are subject to change. For the most up-to-date information, please visit the UK government website

Our professional services fees

If you choose to use our professional services for your visa application, the fee will range between £800 and £1,200, depending on the complexity of your case and the number of applicants involved. Please note that these fees are separate from the government fees and charges outlined above. Our services provide expert guidance and support throughout the application process, ensuring that all requirements are met, and your chances of a successful outcome are maximized