This post explains that a successful Application for Tier 1 Investor Visa for High-Value Migrants will get an Entry Clearance or Leave to Remain in the UK for 3 years and 4 months with no recourse to public funds if an applicant is able to meet the requirement of Paragraph 245E and 245EF of the Immigration Rules, Part 6A: the Points-Based System (PBS) Home Office, UK Government (Published on 29 February 2016, Updated on 02 May 2017).
Application for Tier 1 Investor Visa- Entry Clearance Requirement
Paragraphs 245E, 245EA, 245EB and 245EC of the Immigration Rules Part 6A: the Points-Based System (PBS), explains the details of Purpose, Entry to the UK, Requirements, and Period and Conditions of Grant for Entry Clearance and Leave to Remain as Tier 1 Investor in the UK.
Tier 1 Investor Visa for High Net Worth Individuals
This route is for high net worth individuals making a substantial financial investment to the UK.
Entry to the UK as a Tier 1 Investor Migrant
245EA. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Investor) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
Requirements for Entry or Leave to Remain UK as Tier 1 Investor
245EB. Requirements for Entry Clearance
To qualify for entry clearance or leave to remain as a Tier 1 (Investor) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.
(a) The applicant must not fall for refusal under the general grounds for refusal.
(b) The applicant must have a minimum of 75 points under paragraphs 54 to 65-SD of Appendix A.
(c) An applicant who has, or was last granted, leave as a Tier 4 Migrant and:
(i) is currently being sponsored by a government or international scholarship agency, or
(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents to as set out in paragraph 245A above, show that this requirement has been met.
(d) The applicant must be at least 18 years old and the assets and investment he is claiming points for must be wholly under his control.
(e) The entry clearance officer must not have reasonable grounds to believe that:
(i) notwithstanding that the applicant has provided the relevant specified documents required under Appendix A, the applicant is not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules (where relevant); or
(ii) any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules held by:
(1) the applicant; or
(2) where any of the specified money has been made available to the applicant by another party, that 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
(iii) where any of the money specified in the application for the purposes of meeting the requirements of Table 7 of Appendix A to these Rules has been made available by another party, the character, conduct or associations of that party are such that approval of the application would not be conducive to the public good,
and where the Entry Clearance Officer does have reasonable grounds to believe one or more of the above applies, no points from Table 7 (where relevant) will be awarded.
(f) Where the applicant is 18 years of age or older, the applicant must provide either an original or scanned copy of a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.
(g) If the applicant has failed to provide a criminal record certificate or an explanation in accordance with sub-paragraph (f), the decision maker may contact the applicant or his representative in writing, and request the certificate(s) or explanation. The requested certificate(s) or explanation must be received at the address specified in the request within 28 calendar days of the date of the request.
Tier 1 Investor Visa UK- Period and Conditions of Grant
245EC. Period and Conditions of Grant
(a) Entry clearance will be granted for a period of 3 years and four months and will be subject to the following conditions:
(i) no recourse to public funds,
(ii) registration with the police, if this is required by paragraph 326 of these Rules,
(iii) no Employment as a Doctor or Dentist in Training, unless the applicant has obtained a primary degree in medicine or dentistry at bachelor’s level or above from a UK institution that is a UK recognised or listed body, or which holds a sponsor licence under Tier 4 of the Points Based System, and
(iv) no employment as a professional sportsperson (including as a sports coach)
(v) study subject to the condition set out in Part 15 of these Rules
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