You may be eligible to apply for indefinite leave to remain in the UK as a UK Investor visa holder or UK Investor visa ILR after spending 2, 3 or 5 years in the UK.  The requirements that you will need to satisfy in order to qualify for UK Investor visa ILR will depend upon when your initial Tier 1 Investor visa was granted and the amount of your investment. Applications for indefinite leave to remain as a Tier 1 Investor can be made until 17 February 2028.

UK Investor visa ILR: Initial UK Investor visa granted before 6 November 2014

If you successfully applied for your Tier 1 Investor visa before 6 November 2014 and wish to apply for indefinite leave to remain as a Tier 1 Investor, you will need to satisfy UK Visas & Immigration that:

• You have money of your own, under your own control, in the UK amounting to not less than £1 million;
• You have invested not less than 75% of your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies; and have invested the remaining balance by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution;
• The investment was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor Migrant;
• You have maintained the level of investment for the whole of the remaining period of your leave;
• You have spent a continuous period of either 2 years (if you have maintained an investment of at least £10 million), 3 years (if you have maintained an investment of at least £5 million) or 5 years (if you have maintained an investment of at least £1 million) lawfully in the UK as a Tier 1 Investor, with absences from the UK of no more than 180 days in any 12 months during the period;
• Unless you are aged 65 or over, you have sufficient knowledge of the English language and Life in the UK.

You will need to submit your Tier 1 Investor ILR application before 6 April 2022.  If you apply for indefinite leave to remain on or after 6 April 2022 but before 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds. You will only be able to include time from when your investment was increased to £2 million towards your continuous period.  If you apply for ILR on or after 6 April 2025, you will need to have invested at least £2 million for 5 years by way of share capital or loan capital in active and trading UK registered companies or UK Government bonds.  However, any investment must be moved out of UK Government bonds and into other qualifying investments before 6 April 2025.

UK Investor visa ILR: Initial UK Investor visa granted between 6 November 2014 and 28 March 2019

If you successfully applied for your UK Investor visa between 6 November 2014 and 28 March 2019, you will be able to apply for Tier 1 Investor ILR if:

• You have money of your own, under your own control, in the UK amounting to not less than £2 million;
• You have invested your capital in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies;
• The investment was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor Migrant;
• You have maintained the level of investment for the whole of the remaining period of your leave;
• You have spent a continuous period of either 2 years (if you have maintained an investment of at least £10 million), 3 years (if you have maintained an investment of at least £5 million) or 5 years (if you have maintained an investment of at least £2 million) lawfully in the UK as a Tier 1 Investor, with absences from the UK of no more than 180 days in any 12 months during the period;
• Unless you are aged 65 or over, you have sufficient knowledge of the English language and Life in the UK.

If you invested in UK Government bonds you will need to submit your Tier 1 Investor visa ILR application before 6 April 2025.  You can apply for ILR after 6 April 2025 if you move your qualifying investments out of UK Government bonds and into other qualifying investments before 6 April 2025.

UK Investor visa ILR: Initial UK Investor visa granted on or after 29 March 2019

If you successfully applied for your UK Investor visa on or after 29 March 2019, you will need to satisfy the following requirements in order to qualify for UK Investor visa ILR:

• You have money of your own, under your own control, in the UK amounting to not less than £2 million;
• You have invested your capital in the UK by way of share capital or loan capital in active and trading UK registered companies;
• The investment was made no earlier than 12 months before the date of the application which led to the first grant of leave as a Tier 1 Investor Migrant;
• You have maintained the level of investment for the whole of the remaining period of your leave;
• You have spent a continuous period of either 2 years (if you have maintained an investment of at least £10 million), 3 years (if you have maintained an investment of at least £5 million) or 5 years (if you have maintained an investment of at least £2 million) lawfully in the UK as a Tier 1 Investor, with absences from the UK of no more than 180 days in any 12 months during the period;
• Unless you are aged 65 or over, you have sufficient knowledge of the English language and Life in the UK.

Whichever route you apply under, the exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

When should I apply for UK Investor visa ILR settlement?

You can apply for ILR under the Tier 1 Investor route once you have resided in the UK as a Tier 1 Investor for a continuous period of 5 years.  However, as a UK Investor visa holder you may apply for accelerated ILR after a continuous period of either 2 years or 3 years if you have maintained an investment of at least £10 million or £5 million respectively.

You can apply for UK Investor visa ILR up to 28 days before you reach the relevant qualifying period.  Your qualifying period will be the 2, 3 or 5 years immediately before the date you apply for settlement or the 2, 3 or 5 years immediately before the date your settlement application is decided, depending on which is most favourable to you.  Advice from an immigration lawyer will ensure the correct timing of your UK Investor visa ILR application.

Applications for indefinite leave to remain as a Tier 1 Investor can be made until 17 February 2028.

What is the residence requirement for a UK Investor visa ILR settlement application?

In order to qualify for indefinite leave to remain (ILR) as a Tier 1 Investor, you must not have been absent from the UK for more than 180 days in any 12 month period during your qualifying 2, 3 or 5 year period.

For any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, you must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the UK Investor visa ILR application.  For any absences from the UK during periods of leave granted under the Rules in place since 11 January 2018, the Home Office will consider a rolling 12 month period.

In either case, days spent travelling to or from the UK will not count for the purpose of the UK Investor visa ILR residence and absence requirement.

How long will it take for my UK Investor visa ILR settlement application to be decided?

If you apply for indefinite leave to remain as a Tier 1 Investor via UK Visa & Immigration’s standard service, you can normally expect to receive a decision within 26 weeks of your ILR application date.  If you apply for Tier 1 Investor visa ILR via the priority service, you will normally receive a decision within 10 working days of your UKVCAS appointment.

• Tier 1 Investor Visa ILR: Residence and Absence Requirement
• UK Investor Visa: Interest and Dividends, Fees, Transaction Costs and Tax
• UK Investor Visa Success Stories

Can I apply for UK Investor visa ILR settlement if I am outside the UK?

Unfortunately not.  Tier 1 Investor ILR applications can only be submitted from within the UK.

How our immigration barristers can help your UK Investor visa ILR settlement application

The Immigration Rules contain strict requirements in terms of the documents that must be provided in support of a UK Investor visa ILR application.  It can be helpful to get advice from an immigration lawyer in order to ensure that your application is professionally presented and technically correct.

Our investment immigration solicitors and immigration lawyers work closely with investors, wealth managers and leading banks to prepare and submit high quality ILR applications for investors and their families. Our barristers are experts in the immigration options for investors and will guide you through the complex Home Office Immigration Rules and policies.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to investors as part of a professional and friendly service.