Tier 1 Investor Visas


Abolition of Tier 1 Investor Visa

Discussion of Tier 1 Investor Visa

Lord Paddick and Baroness Hamwee have listed an amendment of the Immigration Bill regarding to the abolition of the Tier 1 investor visa.

Tier 1 (Investor) visa:

(1)  This rule must come into force no later than 1 January 2017—

(a)   to cease the Tier 1 (Investor) route;

(b)   to cease applications for an extension leave under Tier 1 (Investor) before 1 January 2017.

(2) The above mentioned will not affect leave to enter or remain applicants’ holder granted before.


Changes to Tier 1 (Investor) visas, November 2015

Changes to Tier 1 (Investor)

Minor and technical changes have been made towards Tier 1 Investor Visa, the main changes are as follows:

  • the provision in Appendix A, at paragraph 65-SD (b), only applies to migrants who previously had leave in the pre-Points Based System (PBS) Investor category;
  • when property is used as evidence for balance of funds, it can only be jointly owned with the spouse or partner of applicant; and
  • investment by way of share or loan capital in investment syndicate companies is not acceptable. In regards, to Investment Syndicate Companies is intended as a measure to specifically prohibit applications which seek to rely upon investment in so-called ‘namecos’, which operate as part of underwriting syndicates in the Lloyds insurance market.

Mandalia v SSHD [2015] UKSC 59

The case Mandalia v Secretary of State for the Home Department [2015] UKSC 59 can be pivotal example in regards to whether the Presenting Officer has a duty to apply evidential flexibility or it is just a mere power. In this case, the Court of Appeal said: “power”, however, the Supreme Court said: “a duty”.

From August 2009, evidential flexibility was embraced, which allows applicants to repair the deficit in their evidence or correct minor errors in applications for Tier 1, 2, 4 and 5 main and dependent applicants.

The flexible process instruction falls into 19 steps, four of which relevant to the above mentioned case, which the caseworker has to undertake when there is missing evidence or minor errors in the application:

  1. It needs to be identified whether there was missing evidence, if yes the caseworker must proceed to step two;
  2. It needs to clarified whether the application would be refused even if the missing evidence was rendered, if no, the caseworker must proceed to step three;
  3. The caseworkers request for additional documents in certain circumstances, where they are assured that the missing evidence exists, e.g. listed in Annex A (not exhaustive);
  4. In step four, the caseworker is to discuss the uncertainty with his line manager. Benefits should be counted towards the applicant if the line manager has reasonable grounds to believe that the missing evidence exists or even unsure, thus the evidence should be requested in step five by contacting the applicant.

It was held that the Home Office’s refusal was unlawful as there was not any attempt firstly to invite Mr Mandalia to correct minor error specifically to repair the deficit in his evidence. Therefore, the court should allow this appeal, and annul the refusal of Mr Mandalia’s application.


Biometric Residence Permit (BRP) new rules

From this year, entry clearance applicants will be issued a Biometric Residence Permit, which must usually be collected within 10 days of arrival in the United Kingdom.

Applicants affected

Individuals applying for Naturalisation as a British Citizen, an EEA Residence Card and EEA Permanent Residence must also now have their biometrics taken. The biometrics will be used to issue a biometric card as a form of UK visa.

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