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 LexisPSL on 22/02/2019

The following Immigration Q&A produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • 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)?
  • Evidence of third party investment
  • The standard specified evidence
  • Additional evidence needed where the money comes from a third-party
  • Restrictions on where a shareholder can be registered

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)?

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 grant of leave) in cash directly into one or more UK businesses.’

(emphasis added)

The fact that it is an accelerated settlement application, relying on Row 4(b) of the Immigration Rules, Appendix A, Table 6, is irrelevant. There’s nothing in Rules or guidance to suggest that this affects either the specified

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