Q&As

When applying for ‘accelerated’ settlement under the Tier 1 (Entrepreneur) category: (1) what are the specified evidence requirements for a direct cash investment by a third party company (who was identified in the initial application) and (2) is there a prohibition on a major beneficiary shareholder of a UK company being registered in the British Virgin Islands (BVI)?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on: 22 February 2019
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Evidence of third party investment

The Tier 1 (Entrepreneur) route allows an individual with leave in this category to make a settlement application on an accelerated route (after three years, rather than five years) if certain conditions are met. Points are scored in accordance with the Immigration Rules, Appendix A, Table 6. Since an application to settle after three years will be the first application an entrepreneur makes, evidence must be provided under Row 1 of the Immigration Rules, Appendix A, Table 6, that:

‘The applicant has invested or has caused investment to be made by one or more third parties, totalling at least £200,000 (or £50,000 if they were awarded points for £50,000 funding or investment in their last

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:
Settlement definition
What does Settlement mean?

The payment or collection of proceeds after trading a security. Settlement usually takes place some time after the deal and price are agreed.

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