Tag: Investor Visa

Spouse Visa

Sterling Law Influence Home Office’s Investor Visa Policy Change

On 15 June 2018, the Home Office announced introduction of the new changes to the Immigration Rules which will affect a number of categories including Tier 1 Investor Visa.

The changes address our previous requests for clarification of the Immigration Rules. Owing to our persistence on getting the Home Office’s business helpdesk to clarify whether invested bonds from a bank loan can be used to score points as collateral for a further loan for a Tier 1 investor, the Home Office has now incorporated this into the new statement of changes.

It is, perhaps, not exactly the results that we hoped for when making a request on such a clarification, but the Home Office has been prompted due to our team’s unyielding actions to ensure that the scope of the Immigration Rules have everything covered.

Now, the answer to whether invested bonds from a bank loan can be used to score points as collateral is that it is not permissible for a migrant to use funds invested in bonds as collateral for further loans. The Home Office makes reference to paragraph 61A with the requirement of the money to be under the migrant’s control and therefore, excludes money that a loan has been secured against.

Thus, the following changes are introduced to the Tier 1 Investor Visa rules:

  • Applicants are required to maintain their investments. While the investors (applicants) may withdraw interest and dividend payments generated by their qualifying investments from their portfolios, they may not do so if these were generated before the applicant purchased the portfolio.
  • As evidence of their investment, applicants must currently submit portfolio reports signed off by a financial institution regulated by the Financial Conduct Authority. A technical change is being made to require institutions to confirm that the funds have only been invested in qualifying investments, and that no loan has been secured against those funds.
  • This change will put a further obligation on financial firms to scrutinise the suitability of applicants’ investments, in addition to their own due diligence.

Aliya Rimshelis, Corporate Immigration Adviser, raised this issue before the Home Office on behalf of Sterling Law and assisted in filling a gap which previously existed.

These changes to the Immigration Rules will come into effect on 6 July 2018.

More information is available in the statement of changes.

For more details, please feel free contact our please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.

Successful Application for Administrative Review of Refusal in Tier 1 Investor Visa Extension

Our team is delighted to share the latest news that our client’s application for administrative review of the refusal of  leave to remain a s a Tier 1 Investor has been successful.

Administrative review is a procedure that allows your visa application to be reviewed if it has been refused.

The administrative review is carried out by a different department of the Home Office. It should be successful if any procedural errors made by an original decision maker will be identified. If that is the case, the original decision will be withdrawn and your visa application reconsidered.

Tier 1 Investor Visa Extension

The Applicant is a Kazakh national, who has been issued with entry clearance as a Tier 1 Investor, entered the UK with her dependants. On the expiration of her visa, she applied for further leave to remain as a Tier 1 Investor, with her dependants applying for an extension of their leave. This application was refused on several grounds.

  1. Firstly, the Respondent was not satisfied that the funds loaned to the Applicant were under her control in the UK, which was against the provisions of paragraphs 2, 6 and 11 of the loan agreement. This allegation was founded upon the basis that the requirement of the Applicant to invest the loan in an Authorised Investment Destination (AID) Company was not satisfied, thus resulting an agreement to ‘lose its force’. The Respondent assumed that the reference to an ‘AID Company’ must refer to a specific company. However, this was not specified in the loan agreement and the Respondent’s claim was argued to be unreasonable, whist lacking any objective evidence.
  2. Secondly, the Respondent was not convinced that the Applicant’s investment was This was argued to be outside of the Respondent’s concern with the regards to the merits of the investment. The investment of 1 million pounds in the company is one of the main requirements to obtain a Tier 1 Investor Visa, which was done in accordance with the rules and regulations according to the facts.
  3. Thirdly, the Respondent referred to the Articles of Association of the company, alleging that its provisions prevented the funds from being under the Applicant’s control and disposable in the UK. However, the Articles of Association guaranteed that the funds would be redeemed to the Applicant, making them consistent with the fact that the Applicant had a sufficient control over them.
  4. Finally, the Respondent alleged that the Applicant’s investment was not within the category of paragraph 65(b) of Appendix A, namely ‘open-ended investment companies, investment trust companies, investment syndicate companies, or pooled investment vehicles’. However, no clear evidence was provided regarding this matter. The Respondent was concerned about a disclosure of the company’s principle business by its Accountants. This evidence was argued to be insufficient to assert the company’s activities at the time of the investment. Additionally, the Respondent referred to the information given by the Applicant during her interview, particularly that the Applicant exercises powers to control the company’s future investments, which was again argued to be lacking any reasonable basis on which to determine the applicability of paragraph 65(b) of Appendix A.

Success of the Application

Sterling Law, defined against all odds, provided all the necessary arguments in favour of the Applicants. Accordingly, the Administrative Review was successful on the grounds of paragraph AR2.11(d) of the Immigration Rules, particularly that the ‘original decision maker failed to apply the Secretary of State’s relevant published policy and guidance in relation to the application’.

The arguments presented by the Home Office authorities were made on the basis of their subjective and unreasonable assumptions, rather than relying on the objective evidence.

This is but a mere example of how passionate and dedicated Sterling Law is to fight for a just and unbiased bureaucracy.

Immigration Assistance

For expert advice and assistance in relation to your particular immigration case, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile / Viber: +447463382838, by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.

Immigration Law

UK Government to Review Investor Visas issued to Russian nationals in 2008-2015

On Tuesday, 27 March  2018, the Prime Minister Theresa May confirmed to the members of parliament that the UK government was conducting a review of visas issued to the foreign investors.

According to The Times, Mrs May announced that the investor visa programme under which more than 700 Russian investors came to Britain between 2008 and 2015 is under review. The Prime Minister noted that the Home Office has been examining whether the Tier 1 Investor route was being used properly or whether there were any loopholes.

Until the end of 2014 the applicants for Tier 1 Investor visas had to demonstrate a minimum of £1 million to invest in the UK, then this threshold was increased to £2 million.

The Prime Minister was urged to start a review of 706 Tier 1 Investor visas issued to the Russian citizens  and their respective source of income indicated in the application documents.

Retrospective Investor Visas Review

This unprecedented retrospective review was announced at the liaison committee of the House of Commons and will affect all the investors and will not specifically be focused on the Russian citizens.

It is expected that the applications for the extension of the Tier 1 Investor visas and indefinite leave to remain (settlement) will be scrutinised by the Home Office. The risk of revocation of the current visas also exists, so any inspections and actions from the Home Office will require immediate response from the visa holders to avoid negative consequences for them and their family members.

Legal Assistance

For expert advice and assistance in relation to your particular case and relevant immigration law requirements, please contact our immigration lawyers on +44(0)20 7822 8535, by e-mail: info@sterling-law.co.uk or via our online appointment booking form.