Guidance - Points Based System Tier 1, Investor
(INF 23)
Last updated 12 September 2008
This guidance is for applicants who are resident outside the United Kingdom. It explains what
you need to do if you are a person of high net worth wanting to make a substantial financial investment in the United Kingdom
(UK) under Tier 1 (Investor) of the Points Based System. It is only a guide but it aims to answer some common questions.
There are also notes to help you to complete an application form. More comprehensive guidance is available on the UK Border Agency website,
which is the definitive version, and in the event of any discrepancy overrules the information provided in this leaflet. You
should also consult this guidance if you are resident in the United Kingdom. There are also notes to help you to complete
an application form.
Guidance
What is the Points Based System?
When did it start?
What
are my biometric details?
What
are Visa Application Centres (VACs)?
How
are the points calculated?
- Can I appeal if my application
is refused?
Can my dependants join me
in the UK?
- What supporting documents should my dependants
include with their application?
What
fee will my dependants pay?
Check
your visa
What is the Points
Based System?
The Points Based System
(PBS) is a new system for managing migration for those wishing to enter the UK for work or study.
When did it start?
Tier 1 (General) Migrant of the Points Based System was launched in the UK on 29 February 2008 replacing the Highly
Skilled Migrant Programme (HSMP). From 30 June 2008 applicants both in the United Kingdom and overseas can
submit applications for all categories of Tier 1. These are Tier 1 (General) Migrant, Tier 1 (Investor), Tier 1 (Entrepreneur)
and Tier 1 (Post-Study Work). Other tiers will be phased in throughout 2008 and 2009.
What are my biometric details?
Biometric details are scans of all 10 fingers and a full-face digital photograph. You will need to provide your biometric
details in person. The whole procedure should take no more than 5 minutes to complete. Your visa application will not be processed
until you have met this requirement. More information about biometrics is available on the Biometric data collection for visa applicants page on this
website.
What are Visa Application Centres
(VACs)?
In some countries we are working
with commercial companies to run Visa Application Centres. The VACs are in largely populated areas making it easier and more
convenient for people to apply for a UK visa. Trained staff at each VAC deals with all visa enquiries and applications. They
collect your biometric information along with the relevant fees and provide unbiased advice on the application process, including
whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider
your application and decide whether to issue or refuse your visa. VAC staff will have no say in this decision.
How are the points calculated?
Points are awarded for what are called "Attributes",
for which you need to score a minimum of 75 points. In order to be awarded these you must have either:
Money of your own held in a regulated financial institution
which is disposable in the United Kingdom amounting to no less than £1 million; or
Personal assets, taking into account any liabilities, which
have a value exceeding £2 million. Assets held by your husband, wife, civil partner, unmarried or same sex partner
either jointly or in your partner’s own name can be taken into account when assessing your net worth; and
Money under your control held
in a regulated financial institution which is disposable in the United Kingdom amounting to no less than £1 million
which has been loaned to you by a financial institution regulated by the UK Financial Services Authority (FSA). You
may not mix personal funds and borrowed funds in order to meet the total £1 million investment.
The money may be held overseas at the time of application
or it may already be in the United Kingdom. If the money is not held in pounds sterling you must convert its value into
pounds sterling on the application form. We will check this rate on the date of the application using the OANDA website.
You may rely on money you own jointly with your husband,
wife, civil partner, unmarried or same sex partner. You may also rely on money owned solely by your husband, wife, civil
partner, unmarried or same sex partner. If the funds are held jointly you must have unrestricted right to transfer and
dispose of the funds and have permission from your husband, wife, civil partner or unmarried or same sex partner to have control
of these funds in the United Kingdom.
There
is no requirement to demonstrate English language ability or to provide separate funds for personal maintenance.
Can I appeal if my application is refused?
Outside the UK a refusal of entry clearance
under PBS does not attract a full right of appeal. You can appeal only on one or more of the following grounds referred to
in Section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002:
that the decision is unlawful by virtue of Section 19B of the Race Relations Act
1976 (c.74) (discrimination by public authorities), and/or
that the decision is unlawful under Section 6 of the Human Rights Act 1998 (c.42) (public authority not to act contrary
to Human Rights Convention) as being incompatible with the appellant's Convention rights.
However, all applicants can apply for an Administrative Review, which is a mechanism
for reviewing refusal decisions.
Can my dependants join
me in the UK?
Your husband, wife,
civil partner or eligible partner and children under 18 can join you as your dependants in the UK if:
they have a visa for this purpose and
you can support them without any help from public funds.
You need £1,600 for each dependant joining you within 12 months of your arrival in the UK and £533 thereafter.
Partners (married, unmarried, same
sex) must intend to live together and the relationship must be subsisting. They must be maintained and accommodated
without needing any help from public funds. Your partner must not intend to stay beyond any period of leave granted
to you.
If your dependent child is working full-time
or earning enough money to support himself/herself, it is unlikely that he/she will qualify for entry to the UK as a dependant.
Dependent children must also be able to demonstrate that they have not formed their own independent family, are unmarried
and not leading an independent life. If a dependent child has previously been married or formed a civil partnership,
or lived in a relationship that is similar to marriage or civil partnership, he/she will usually be considered to have formed
an independent family and will not be eligible to enter the UK as the dependant of their parents. Although dependent children
may seek employment whilst in the UK they must remain financially dependent on their parent to qualify as dependants.
What do my dependants need to make an
application?
Your dependants will
need entry clearance but will not themselves be entering the UK under the Points Based System. They will need to satisfy similar
conditions to those in Paragraphs 194-199 of the Immigration Rules which can be found on the UK Border Agency website. They will need to make their application
using form VAF10
either online
or on paper depending upon the facilities available in the country in which they are applying. They will also need the following:
their passport or travel document;
a recent passport sized photograph (if the application is
successful, the photographs provided will be reproduced on the visa vignette)
please note - photographs should measure
45mm x 35mm and be:
in colour taken
against a white background;
clear
and of good quality and not framed or backed;
printed on normal photographic paper;
full face and without sunglasses, hat or other head covering (unless it is worn for cultural or religious reasons
but the face must not be covered)
the visa fee. This cannot be refunded and they must normally pay it in the local currency of the country where they
are applying;
their biometric
details;
supporting documents
relevant to their application.
What supporting documents should my dependants include with their application?
Your dependants should include all the documents necessary to show that they qualify
for entry to the UK as your dependant. If they do not, we may refuse their application.
As a guide, your dependants should include:
evidence of their relationship to you;
evidence that you can support them and live without needing any help from public
funds, and
a copy of the pages
from your passport showing your permission to stay, if you are already in the UK.
We will refuse their application/s if we find that any documents
are false.
What fee will my dependants pay?
They will pay the same fee as you.
Check your visa Please
check your visa when you get it. You should make sure that:
your personal details are correct
it correctly states the purpose for which you want to come to the UK, and
it is valid for the date on which you want to travel. (You can ask for it to be
post-dated up to three months if you do not plan to travel immediately).
If you think there is anything wrong with your visa, contact the visa
application centre or visa section immediately.
