Tier 1 Investor Visa: General Requirements of 2-Year Requirement

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.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – TIER 1 INVESTOR VISA

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

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 enquiries@manns-solutions.com or call +44 207 993 63 46.

Turkish Businessperson Visa: Entry Clearance Requirements for main applicant

Many of our clients would like to apply for Turkish businessperson visa due to fact that it can be cancelled at the time of UK will leave EU and follow consultation of Article 50.

Some of the clients are more experienced than others, some of them are graduates from Turkish Universities and has limited experience in field they are proposing to run the business.

There are certain requirements each applicant must follow in order to qualify for Turkish businessperson visa.

Under article 41 of the European Community Association Agreement (ECAA) the Home Office applies legislation as it was in 1973. The on entry 1973 business rules (HC509) state a person should apply for entry clearance at a post in the country or territory where they are living, if they wish to come and establish in business in the UK.

A person can enter in another capacity prior to obtaining leave. Entry clearance is not mandatory.

The following requirements for entry clearance for those coming to join an established business are in paragraph 31 of HC509:

  • the applicant is bringing money of their own to put into the business
  • the applicant will be able to bear their share of the liabilities
  • the share of the profits will be sufficient to support them and their dependants
  • the applicant will be actively concerned in the running of the business
  • there is a genuine need for their services and investment
  • the accounts of the business for previous years must be produced

The following requirements for entry clearance for those coming to establish a business on their own account are in paragraph 32 of HC509:

  • the applicant is bringing into the country sufficient funds to establish a business
  • the business can realistically support them and any dependants without the need to take employment

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

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 enquiries@manns-solutions.com or call +44 207 993 63 46.

EEA Family Permit: How to bring your partner to the UK, if you are EU Citizen

An EEA Family Permit is visa category issued to non-EEA nationals living outside the European Union and who would like to travel to the UK with an EEA national family member or join an EEA national family member (wife; husband; parents; sister or brother etc) in the UK.

Main eligibility requirements for an EEA Family Permit

  • Applicant is a citizen of a country outside the European Economic Area (EEA);
  • Applicant’s family member is an EEA national (but normally not British);
  • Applicant is related to the EEA national in one of the following ways:
  • Applicant is the family member of the EEA national such as their husband, wife, civil or unmarried partner, parent, grandparent, child or grandchild; or
  • Applicant is an extended family member of the EEA national, for example their unmarried partner in a durable relationship, brother, sister, uncle, aunt, cousin, etc.; or
  • Applicant is the main carer of a British citizen or a child who is an EEA national;
  • Applicant’s EEA national family member is travelling with you to the UK; or
  • Applicant’s family member is in the UK and, if they have lived in the UK for more than three months, is exercising Treaty rights as a worker, self-employed person, student, self-sufficient person, or as a jobseeker.

An EEA Family Permit is valid for six months.

EEA Family Permit holders are free to leave and enter the UK as many times as they wish within that six-month period.

There is no fee payable to apply for an EEA Family Permit and the application will be given priority by UK Visas & Immigration.

At the end of the six-month period as an EEA Family Permit holder, applicant may be eligible to apply for an EEA Residence Card as confirmation of applicant’s right of residence in the UK.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg 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 enquiries@manns-solutions.com or call +44 207 993 63 46.

Sole Representative Visa: Set of Criteria whether applicant is not able to qualify for the visa

Sole Representative Visa is visa category which allows a company overseas to send a senior employee to the UK with the view of setting up a UK branch of an existing company (but not actively trading) or a wholly own subsidiary of that company in the UK.

In order to be eligible for this visa, applicant must be recruited from outside the UK and employed outside the UK by the company who is intending on setting up branch or subsidiary in the UK.  Applicant must be experienced in their field and be a senior employee of the company who has full authority to make decisions on behalf of the company.

The applicant must be able to speak English to level A1 of CEFR as a minimum requirement, they can take an IELTS Life Skills exam. If applicant is applying from certain countries, then they might need to have a tuberculosis test obtained no longer than 6 months prior of submission of visa application.  The applicant will need to show that they are able to financially maintain themselves and any dependants in the UK.

Applicant owns a significant share of the overseas business

Sole Representative Visa route is for business owners who holds no more than 50% of shares of overseas company and/or employees of companies to come to the UK and set up an entity in the UK. However, if applicant recently sold their shares and decreased total amount of shares hold, then they are required to explain the actions and reason behind of it, also if family husband and wife jointly hold more than 50% of shares in overseas company, then Home Office most likely to refused the visa application, regardless if one of the partner will stay in their home country and another will apply for the visa.

Applicant has insufficient evidence of employment

Some countries have different documentary systems or receive funds in different ways to the UK. It’s common in Asia, such as China, for example, for applicants to not have payslips or proof of regular payments into their bank account which would evidence employment for the parent company.  It is possible to find alternative ways of documenting proof of employment; however, Home Office would normally need to provide evidence of regular benefit received from the company.

Applicant has no documents from Overseas Company: Business Plan, Financial Statements and etc

It is expected that if applicant is setting up a subsidiary company in the UK, then they will have proper plans for this, and these will be detailed business plan, financial statements for recent 2 years and other documents such as Letter of intention from the company. Failure to properly identify the intentions of the company may cause Home Office to suspect the genuineness of the application.

There are key objective tests that need to be met:

  • Having a minimum amount of money for maintenance
  • Meeting the English language requirement
  • Meeting the TB requirements as necessary
  • Explained structure of the company and the employee role
  • Explained employer relationship
  • Explained full picture about ownership and how the employee has authority to make major decisions within the UK

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – Sole Representative Visa

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

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 enquiries@manns-solutions.com or call +44 207 993 63 46.

British Passport: General Requirements for Registration as a British Citizen

British Passport applicants might have to do the Registration as a British Citizen first. If some of our clients do not qualify for British citizenship automatically, then they may be eligible to apply for Registration as a British citizen, either by way of an entitlement or on a discretionary basis.

Eligibility requirements for Registration as a British Citizen and British Passport

  • Applicant was born in the UK on or after 1 January 1983, they are not automatically a British citizen by birth, their mother and/or their father became British citizens or settled in the UK before applicant’s 18th birthday, and applicant applied for registration before their 18th birthday;

OR

  • Applicant was born in the UK on or after 1 January 1983, applicant is not automatically a British citizen by birth, on or after 13 January 2010 their mother and/or their father became a member of the armed forces before applicant’s 18th birthday, and applicant applied for registration before their 18th birthday;

OR

  • Applicant was born in the UK on or after 1 January 1983, they are not automatically a British citizen by birth, applicant was absent from the UK for no more than 90 days in each of the first ten years of their life, and they applied for registration at any time after applicant’s 10th birthday (applicant may therefore apply under this provision at any age);

OR

  • Applicant was born outside the UK on or after 1 January 1983, at the time of their birth one of applicant’s parents was a British citizen by descent, that parent’s father or mother was a British citizen otherwise than by descent, at any time prior to applicant’s birth that parent had been in the UK for a consecutive period of at least three years, during that three year period that parent had not been absent from the UK for more than 270 days, and they applied for registration before your 18th birthday;

OR

  • Applicant was born outside the UK on or after 1 January 1983, at the time of their birth one of their parents was a British citizen by descent, you apply for registration before your 18th birthday, applicant and their parents were in the UK on the day 3 years before the application is made, during the intervening 3 year period neither applicant’s nor their parents have been absent from the UK for more than 270 days, and both applicant’s mother and their father consent to the registration;

OR

  • Applicant was born outside the UK and Colonies before 1 January 1983, at the time of their birth applicant’s mother was a Citizen of the UK and Colonies, they would have automatically been a Citizen of the UK and Colonies by descent through applicant’s mother if specific provisions of British nationality law had provided for this at the time of their birth in the same way as it provided for citizenship by descent through a father, and if in those circumstances applicant would have had the right of abode in the UK immediately before 1 January 1983;

OR

  • Applicant was born in the UK before 1 July 2006, their parents were not married at the time of applicant’s birth, applicant has never been a British citizen, and they would have become a British citizen in certain specific circumstances had their parents been married at the time of applicant’s birth;

OR

  • Applicant is a British Overseas Territories Citizen, a British National (Overseas), a British Overseas citizen, a British subject, or a British protected person, they apply for registration, they were in the UK five years before the date of application, during the intervening five year period applicant was not absent from the UK for more than 450 days or in the UK in breach of the immigration laws, and in the twelve months immediately before the date of application they were not absent from the UK for more than 90 days or subject to any restriction on the period for which they might remain in the UK;

OR

  • Applicant is a British Overseas citizen, a British subject, a British protected person, or a British National (Overseas), they apply for registration, the Secretary of State is satisfied that you do not have any other citizenship or nationality, and the Secretary of State is satisfied that applicant has not voluntarily lost through action or inaction any other nationality at any time after 4 July 2002 (or, if you are only a British National (Overseas), after 19 March 2009);

OR

  • Applicant was born outside the UK on or after 13 January 2010, at the time of your birth their mother or father was a member of the armed forces serving outside the UK, applicant apply for registration, and if they are under 18 at the date of application applicant’s parents’ consent to the registration.

Applicant may also be entitled to be registered as a British citizen if they have previously renounced British Passport, applicant is of full capacity, and their renunciation of British citizenship was necessary to enable applicant to acquire or retain some other citizenship or nationality.

If applicant is not entitled to be registered as a British citizen they may still apply for registration on a discretionary basis:

  • As a child, at any time before your 18th birthday;
  • As a British overseas territories citizen, at any time.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – British Passport

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

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 enquiries@manns-solutions.com or call +44 207 993 63 46.

Sole Representative Visa: Preparation of Business Plan and Visa Interview with UKVI

Businesspeople and international entrepreneurs looking for expansion and develop business abroad and open new markets. Sole Representative Visa is viable option to set up a branch in the UK and operate limited company and develop services or sell products in the UK.

In order to succeed with visa preparation an applicant must prepare detailed business plan.

Business plan for sole representative visa play critical role in process of obtaining visa, as its outline Parent company activities, future business activities in the UK and financial position of company in the UK.

From our extensive experience, we can outline important parts of the business plan preparation and information which must be highlighted:

  • Detailed activities of “parent” company
  • Education and industry experience of the applicant
  • Amount of Investment (Start-up Costs) with clarification, why particular amount of funds needed
  • Future Activities of UK company
  • Detailed Competitors Analysis
  • Personnel Plan and Detailed Salaries Budget for the company
  • Profit and Loss Statement, explaining financial position of the UK company

Applicant must be aware of the scope and details of the business plan they are prepared in order to execute it, once they are granted the visa and arrive in the UK.

We decided to mention 2 different topics in this article as at some point they are interrelated, its Business Plan preparation and go through Interview with Home Office, UKVI is making decision by themselves, if applicant will be interviewed or not.

There is some interview questions UKVI might ask the applicant:

  1. Tell me about your current company – who do you do?

 

  1. How long has it been set up?

 

  1. Who are main shareholders?

 

  1. What is your position in the company?

 

  1. How many employees do you have?

 

  1. What was the sales figures from the last financial year?

 

  1. What was the net profit?

 

  1. How do you generate business?

 

  1. Why have you decided to open up a branch in the UK?

 

  1. How much capital have you allocated for the business in the UK?

 

  1. Which part of the UK are you setting up the business?

 

  1. Why have chosen xxxxx?

 

  1. How are you going to utilise the XXXX of capital.

 

  1. What is the forecast of sales in the first 5 years?

 

  1. How have you arrived at those figures?

 

  1. Did you get help to write the Business Plan?

 

  1. How will the parent company fill the void left by you?

 

  1. Will the parent company continue after the UK branch is set up and become successful?

 

Please be advised all information stated above is based on our experience, its on Home Office discretion to arrange an interview or not and to ask particular questions they are believe more important in order to make a decision on the case.

We always advice clients to review their case and make sure that they are aware of all details of operations and strategy of “parent” company and UK subsidiary, as applicant will be responsible for running branch in the UK.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg 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 enquiries@manns-solutions.com or call +44 207 993 63 46.