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Are you are allowed to invest in UK property to get a Tier 1 Investor visa? Many of the other citizenship by investment routes which I cover in my videos DO allow investment in property. So what about the UK? This is a question clients put to me in relation to uk property investment, and both the investor visa, tier 1 entrepreneur visa and tier 1 visas generally.

Well, let's start with the basic principles. As a Tier 1 Investor you are required to make your investment of £2, £5 or £10 million in the UK in the form of UK Government bonds, or share capital or loan capital in UK registered companies.

The companies must be active and trading. This simply means it must be trading and must not be dormant.

There are some exclusions. Your funds can't be invested in:

1. open-ended investment companies
2. investment trust companies
3. investment syndicate companies

And the restriction that we are going to focus on:

The funds must not be invested in companies mainly engaged in property
1. investment,
2. management or
3. development.

This means any investment or development of property to increase the value of property with a view to earning a return either through rent or a future sale. It also prohibits the management of property for the purposes of renting it out, or resale.

The principle here is that business income for a Tier 1 investor visa investment must be generated from the supply of goods or services and not from the increased value of property, or rent.

However, this does not exclude:

1. The provision of services in relation to property - so a client of mine is investing into a business servicing estate agents. He isn't caught by the prohibition.
2. Hotels are in principle not caught, where the rooms are not rented out.
3. Construction is not prohibited either.

So you should be alive to this distinction. If you want to discuss your potential investment with me please drop me an email and we can discuss how to navigate this challenge. I work with investment portfolio managers who specialise in managing Tier 1 investments.

There are also some other points to bear in mind.

The funds must not be invested by using deposits with a bank, building society or other enterprise whose normal course of business includes the acceptance of deposits. Again, there are some exceptions.

You can't use leveraged investment funds, including the purchase of stocks or other investments by using borrowed funds.

You can't rely on money that a loan has been secured against, where another party would have a claim on the money if loan repayments were not met. This includes the scenario of a bank lending funds to you and then taking the investments as security.

Just an additional point to note: Funds that you claim are available, but have not been converted to money. So equity in your property, which has not been sold, will not be sufficient. This is because, until the sale of these assets is complete and cash transferred to the seller, there is no guarantee that the estimated value of the assets will be realised.

You must make your investment within 3 months of your 'specified' date - I am doing a separate video on this and the process involved.

Disclaimer:

The business immigration briefing in this video provides a brief overview only and is not a substitute for legal or tax advice. Expert, tailored legal, commercial, immigration and tax advice should be taken which takes into account your particular circumstances.

The videos on my channel, including this video on Tier 1 UK Investor visas, have been prepared for information purposes only. Any views expressed, or comments made on the law, commentary or note in my videos are not necessarily the opinions of anyone other than me. I produce update videos on a regular basis and make every reasonable effort to make the information and commentary accurate and up to date at the time that the video is produced, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed. Always check when the video has been produced, When you are viewing it, which may be months or years later, the information may be wrong as it may, for example, have been superseded by subsequent legislation or developments. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter and not to rely on the information or comments in my videos.

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