Investing £200,000 in a UK business
On my mind today is the need to draw to those interested in this #visa to be very careful before applying for it! It’s essentially ” a box ticking exercise”. The #Home Office will very rarely exercise discretion, and if your answers don’t fit with what the caseworker may consider to be the ” official line”, your application will be rejected, with no right of …#appeal, leaving you with only an #administrative review” on the same facts, considered by the very institution that refused you, and if that is unsuccessful , which is more likely than not, then you can only try your luck with a Judicial Review in the #Upper Tribunal, again on the same facts.Also don’t be taken in if you are told the Home office has a duty to exercise their #”evidential flexibility policy”. At the end of the day all this means is that if there is a missing link in a series of documents relevant to the application, such as a missing bank statement with those already produced, the #Home Office should ask you to provide it before they make a decision. “Evidential flexibility ” does not therefore mean the Home Office has any duty to ask you to produce additional information that has not been included in your application. You as the applicant have the burden of proof to show you comply with the # immigration rules in this area.Whilst most “investors will have access to £200,000, some may have to rely on third party funds, from relatives abroad for example. The difficulty here is the Home Office will require the foreign bank letter to give details of the bank’s Regulator, and it is most unlikely that foreign banks will have this information on their letter head or will provide it separately . I remember acting for a member of the Saudi Royal Family ( a miner royal! ) and this issue became a nightmare to resolve , even for her with all her contacts and even though she had a Saudi account which her bank was prepared to reveal but with no details of their Regulator!The #Home Office will also require , where funds are from a third party, a letter from the UK bank confirming the availability of third party funds for you, a customer of the bank and the # immigration applicant, but it is highly unlikely the bank will produce such a letter concerning someone who is not their customer .
As regards funds abroad for #investment in a business in the U.K, there must be no exchange control regulations when transferring these funds to the Uk, so the money must be freely transferable and if not , again this will not be acceptable investment !
These are just some of the pitfalls if applying for this visa. My advice is if you don’t fall squarely within the “box ticking exercise” save yourself lawyers fees and try another #immigration route. After all it’s best to be safe than sorry.