Q&As

For a Tier 1 (Investor) application, when an applicant is relying on cash funds (not yet invested) that are held in a regulated financial institution (acting as custodians), what are the evidential requirements to satisfy the Immigration Rules, Appendix A, paragraph 64-SD?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on: 25 March 2019
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Where the applicant is relying on cash funds that have been held for the specified 90-day period, but not yet invested, the applicant must provide the documents as specified in Immigration Rules, Appendix A, para 64-SD(a)(iii) and Immigration Rules, Appendix A, para 64-SD(a)(iv) and/or Immigration Rules, Appendix A, para 64-SD(b). The specific Rules that apply will be dependent on whether the applicant is able to obtain bank statements and whether the funds are held by a regulated financial institution in the UK or overseas.

Note that for applications submitted from 29 March 2019, the specified 90-day period is being extended to a two-year requirement as set out in the latest Statement of changes to the Immigration Rules, published on 7 March 2019.

Appendix A, Paragraph 64-SD

‘64-SD. The specified document Requirements in paragraph 64(a), as evidence of having held

Gary McIndoe
Gary McIndoe

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).


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Jurisdiction(s):
United Kingdom
Key definition:
Custodians definition
What does Custodians mean?

A keeper or owner of a document, also referred to as an author.

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