When investing in the UK, the investor must comply to the immigration rules if their visa is under Tier 1 Investor. The investor must score 75 points for attributes.
The investment money must be in the investor's name and under their control and is disposable in the UK and funds held in a UK regulated bank for the purpose of investing no less than £2 million. If the investor is applying for an entry visa, and if the money is held overseas, the money must be held in a regulated financial institution and evidence will be required of this.
New Immigration Rule
As from 29 March 2019, the investment must be under the control of the Investor for 2 years and no longer 90 days. This rule does not apply in all cases so contact our lawyer today for clarification.
New Tier 1 Investor visa made after 6 November 2014
The investment must have been made into the UK within 3 months of UK entry or if switching into this visa whilst in the UK, 3 months from the visa approval date.
If the investor delays bringing the funds into the UK, they will need exceptional evidence to explain why or their next application (visa extension or settlement application) could be refused.
Global 4 Immigration can recommend a regulated firm who specialises in money transfer from country to country and in different currencies and ensures the money arrives within the agreed period as stipulated by the Home Office.
UK Immigration Rule Breaches
If the Investor has any previous UK immigration or criminal record history such as:
- UK overstaying
- Being detained by UK Home Office
- Being Deported by UK Home Office
- Refused entry via UK border control
- Refused any type of UK visa
- Criminal record whether 'Spent' or 'Unspent'.
We will need to address this prior to applying for a visa and whether the investor can invest in the UK based on a entry visa application.
Financial Conduct Authority (FCA)
When investing in the UK, the UK financial institution where the money will be held must be regulated by the FCA. When the investment is made in the UK, the money must comply to FCA regulations. Our solicitor is part of an 8 strong FCA regulated team dedicated to protecting the investor's investment and ensuring the UK entity receiving the investment complies to UK regulations.
HM Revenue & Customs (HMRC)
HMRC is the UK regulating body
when it comes to declaring revenue for tax purposes. If you have credits or debits to declare this is who decide what taxes you should pay. If the investor invests into a UK business, if the business is a 'limited' entity, they are required to submit their annual return to Companies House (see below) and pay any taxes to HMRC.
Companies House (CH)
This regulating body
regulates businesses in the UK who are registered as a 'private limited' business or run a limited liability partnership (LLP). UK businesses regulated by CH must do certain duties and these include: All UK businesses will have an approved Charted Accountant who are regulated by ICAEW
and they normally action the above as part of their accountancy service agreement.