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- You will not need to show any maintenance (funds) because, if you have the required investment funds, you will be able to support yourself in the UK without needing help from public funds.
- You must be at least 18 years old to use this route, and the assets and investment you are claiming points for must be wholly under your control.
- Even if you meet all the conditions of the Tier 1 (Investor) category, there may be other reasons why the Home Office will refuse your application under the general grounds for refusal listed in the Immigration Rules. For example, this could be because of your previous immigration history. Please contact us for free telephone legal advice.
- You will not be able to claim most benefits that are paid by the state. You will have to register with the police if this is required by paragraph 326 of the Immigration Rules, depending on your nationality. You will not be able to take employment as a Doctor or Dentist in training, except in defined circumstances. You will not be able to take employment as a professional sportsperson (including as a sports coach).
- Your dependants may be able to join the main applicant; however, any dependant application is determined by the Home Office;
- Control of and provenance of funds
The Home Office must not have reason to believe that:
- you are not in control of, and at liberty freely to invest the, money specified in your application;
- any of the money held by you, or being made available to you by a third party, has been acquired by means of conduct which is unlawful in the UK, or would constitute unlawful conduct if it occurred in the UK; or
- the character conduct or associations of any third party providing funds is such that approval of the application would not be conducive to the public good.
Specified documents required:
11. Paragraph 39B of the Immigration Rules states that where the Rules require that specified documents be provided,
– The Home Office will only accept such specified documents as evidence of the relevant requirement. Paragraph 39B also applies to determine whether any specified documents you provided are valid.
– If the money is not held in pounds sterling, you must convert its value into pounds sterling on the application form. The Home Office will check the conversion using the exchange rate shown on the Oanda website on the date on which the application was made.
– The Home Office not accept evidence of your money from a financial institution with which the Home Office is unable to make satisfactory verification checks. A list of financial institutions which do not satisfactorily verify financial statements can be found in Appendix P of the Immigration Rules on GOV.UK.
Overseas criminal record certificates;
If you are applying for entry clearance as a Tier 1 (Investor) migrant or are an adult dependant (over 18 years old) of the main applicant in this route, you must provide an overseas criminal record certificate for any country you have been present in continuously or cumulatively for 12 months or more, in the 10 years prior to your application.
You must provide the following specified documents:
- The original certificate, for each country (excluding the UK) where you have resided continuously or cumulatively for 12 months or more in the last 10 years, since aged 18 years old, issued by the overseas authority, and
- If the original is not in English, a translated copy of the certificate, in line with the requirements set out on the certifying a document page of GOV.UK.
Certificates will only be considered valid if they have been issued within 6 months of the visa application or within the expressed validity period of the document, whichever is the shorter. Current information on how to obtain certificates from various countries can be found on the criminal records checks page of GOV.UK.
If you are unable to obtain a certificate, for example, because the country does not produce such documents or because of any other reasons, you must provide a letter which details your attempts to obtain a certificate and confirms why this has not been possible. You should submit this letter with your other supporting documents when you apply. The Home Office will consider your explanation against the situation in those countries and decide whether to waive the requirement.
If the Home Office conclude that it is possible for you to obtain a certificate, but you have failed to do so, you will be asked again to provide a certificate.
If you fail to provide any certificates or an acceptable explanation your application will be refused under paragraph 320 (2A) in the General Grounds for Refusal, Part 9 of the Immigration Rules. If you provide false or fraudulently obtained certificates your application will be refused.
You may also be subject to a 10-year ban for any future entry clearance applications.
If you are interested in this type of visa, call today and book an appointment to discuss your requirements.