Our Tier 1 Investor Visa clients asking us about requirements of holding funds which need to have held their investment funds for at least 2 years prior to the date of application.
Tier 1 Investor visa application: The previous 90-day requirement
Under the previous Immigration Rules, there was no requirement to have held investment funds for a full 90 days. We would like to explain UK Immigration Rules prior to 29 March 2019, paragraph 64 of Appendix A to the Immigration Rules stated as follows, Tier 1 Investor visa applicants were required to either hold their investment funds for at least 90 days prior to the date of application, or, if they had held their funds for less than 90 days, provide one or more mandatory items of specified evidence to prove the source of their funds.
The new Investor visa 2-year requirement
Under the Immigration Rules in force since 29 March 2019, paragraph 64 of Appendix A. It can be seen from the foregoing that the two alternatives in paragraph 64 (a) and (b) survived the introduction of the new investor visa 2-year requirement on 29 March 2019. Therefore, it is not strictly correct to state that Tier 1 Investor visa applicants are required to have held their investment funds for 2 years. In fact, it is still be possible to apply for a Tier 1 Investor visa where the investment funds have been held for less than 2 years prior to the date of application provided that mandatory evidence of source of funds as set out in paragraph 64A-SD is provided as part of the application.
Paragraph 64A-SD of Appendix A sets out the specified evidence requirements where the investor visa 2-year requirement is not met. It states that if applicant have held your investment funds for less than 2 years then applicant can still qualify for a UK Investor visa if the source of the funds is:
- a gift received by yourself (and/or your husband, wife, civil partner, or unmarried or same-sex partner) in the 2 years prior to the date of application; or
- the proceeds of sale of assets such as business or property within the 2 years before the date of application; or
- money held in your business (and/or the business of your husband, wife, civil partner, or unmarried or same-sex partner); or
- inheritance under a will received within the 2 years before making the application; or
- the proceeds of a divorce settlement received within the 2 years immediately before the date of application; or
- a financial award or winnings; or
- any other source provided that the source can be documented and independently corroborated.
UK Tier 1 Investor visa in circumstances where investment funds have been lawfully received within the last 2 years, perhaps by way of a gift, inheritance or sale of an asset.
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Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and Moscow and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).
For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at firstname.lastname@example.org or call +44 207 993 63 46.