Is your Investor visa portfolio compliant?

The Tier 1 (Investor) visa is a legacy UK visa route (now closed to new applicants).

If you hold a Tier 1 (Investor) visa, you will likely be familiar with the requirement to maintain at least £2 million invested in UK qualifying investments (i.e. loan or share capital in active and trading UK companies) for the duration of your visa. Failure to do so will prevent you from extending your visa, applying for indefinite leave to remain, and/or cause your visa to be cancelled. In this blog, we explain some of the common pitfalls for Tier 1 (Investor) visa holders.

1. The law requirements that determine  whether your portfolio is compliant with the UK Immigration Rules are complex

The rules regulating whether your investments are and have been maintained compliantly are very complex. Some investment portfolio managers may be familiar with the requirements, some may not. It is imperative that migrants review their portfolio reports periodically (depending on how often you receive these – usually quarterly). From an immigration law perspective, it is no excuse to simply rely on third parties to ensure that your portfolio of investments comply with UK immigration law. 

Where you have any doubts, you should instruct a UK immigration lawyer to review your portfolio reports to ensure that you are compliant with UK immigration law. 

2. UK Government Bonds (Gilts)

In our previous blog, we wrote about the upcoming 6 April 2023 deadline when Gilts will no longer be considered UK qualifying investments for some investor visa holders. You should ensure you fully understand this change to the requirements. 

3. Property Companies

Investments into companies mainly engaged in property investment, management or development, are not UK qualifying investments. There is a list of other investments which Tier 1 (Investor) visa holders cannot rely on. Make sure that none of your investments have inadvertently been invested in companies that do not qualify.

4. Maintenance 

Whilst you hold the Tier 1 (Investor) visa, you must maintain at least £2 million invested in UK qualifying investments. This generally means that any gross proceeds from redemption or sale must be re-invested in UK qualifying investments before the end of the next reporting period or within six months of sale / redemption (rules differ for depending on when you obtained your investor visa). As such, you must keep a watchful eye on your portfolio at all times.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2023