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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Tier 1 Investor Dependants

Customer Question

I understand that a tier 1 investor applicant is not required in his initial application to provide evidence of employment or evidence of additional funds beyond the amount of £1m which he has to invest. However, in the application forms of his partner and children, information is requested about:
a) his current employment;
b) his employment in the UK;
c) the income of his partner from all sources; and
d) the amounts that his partner spends on living costs and on her dependants.

Can you please explain why this information is being requested? How is a sufficient amount of funds to be determined given that the main applicant is already committing to investing £1m? The applicant has £270k beyond the £1m required for investment. Is this sufficient?

It is particularly strange that the main applicant is not asked about his income, but his dependants are being asked. Should the dependants disregard questions relating to (a), (b), (c) and (d) above because this information is not required by section 319C of part 8 of the Immigration Rules? If not, what evidence of support funds is required for the dependants?
Submitted: 5 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 5 years ago.

Yes, your dependants should ignore those questions relating to their maintenance as they are not required to comply with maintenance criteria.

They should simply state not applicable (n/a) to the questions or leave them blank.

Hope this clarifies.
Customer: replied 5 years ago.

Thanks. Please see below the main questions from the online partner application form and the answers that have been given. To some of them it is impossible to answer n/a as the online application will not allow you to proceed forward.

1. What job or employment is the main applicant doing in the UK or going to do in the UK? Answer: Investor

2. Name of company where the main applicant is working/will work? Answer: Investor

3. When did/will the main applicant begin their job (date required)? Answer: 5 June 2013 (provisional date for arrival in the UK)

4. When is the job expected to finish (date required)? 5 June 2018 (in accordance with the 5 year period required for ILR)

Questions about the finances of the partner:

1. Are you employed/self employed/unemployed (n/a is not an option)? Answer: unemployed

2. Do you receive income from any other sources including friends and family (n/a is not an option)? Answer: Yes

3. Do you have savings, properties or other income for example from stocks and shares (n/a is not an option)? Answer: No

4. How much of your monthly income is used to support your family members (must be a number)? Answer: GBP3000

5. How much do you spend each month on living costs (must be a number)? Answer: GBP2000

6. You stated that you receive income from other sources including friends or family.Please provide details. Answer: Supported by the main applicant

7. Are there sufficient funds to support you (n/a is not an option)? Answer: Yes

8. Please state the amount of money available and total number of defendants. Could probably put n/a but is that appropriate?


If UKBA do not want partners of Tier 1 Investor applicants answering these questions, why have they not provided for N/A optionality? Do you think the above responses are in line with what they expect to see? Will there be problems for the applicant because information has been included (through no other choice)? Could it be that UKBA are concerned to make sure that dependents have sufficient funds beyond the £1m which the main applicant is required to invest? If they do not require evidence of support, how do they get comfortable with sufficiency of funds? Thanks



Expert:  UKSolicitorJA replied 5 years ago.
I have no idea how the online application form works as I have never completed it but you can always correct manually on the paper form when printed and signed.

Having said that, there is certainly no harm in you answering question 8 with approximate amounts for money and state the total amount of dependants.

All the best
Customer: replied 5 years ago.
Thanks. The online application gets sent to the consulate and then you follow up with a hard copy. I am just trying to understand the logic behind the questions as they do not appear appropriate to the type of application this is. For section 8 would an amount of £300,000 represent sufficient funds? Will the partner be questioned on how she intends to subsist in the UK together with other dependants on £300,000? Is it supposed to last to the end of her life? By including this information, is she undermining her own application in some way? thanks
Expert:  UKSolicitorJA replied 5 years ago.
Hello again,

The form seems to be a generic one for points based scheme dependants and dependants in most of the other tiers are required to satisfy the maintenance requirement. In your case, your dependants are not required to satisfy the maintenance requirement and you may amend the hard copy form, nothing against that.

The 300K is more than enough but I would not expect the UKBA to raise this anyway with her.

She will not undermine her application.

Hope this answers your queries. Please leave feedback
Customer: replied 5 years ago.
Relist: Inaccurate answer.I would like to open this question up to other experts as I do not believe that this is the correct answer. The latest guidance that I have seen from UKBA on the documents required suggests that dependents of the main applicant must also demonstrate sufficient maintenance. See Guide to Supporting Documents - Points Based System Tier 1 Investor. Sorry.
Expert:  UKSolicitorJA replied 5 years ago.
Please see paragraph 44 of the Policy Guidance on page 8 here:

It is expressly stated as follows:

Please note dependants of Tier 1 (Investors) and Tier 1 (Exceptional Talent) do not
need to satisfy the maintenance requirement.

Hope this clarifies.
Customer: replied 4 years ago.

If the main applicant had one visa refusal (he was asking for a 1 year visa, but it appears that at the time the official policy of the Czech Republic was not to issue 1 year visas) will this undermine his application? Can he say that as far as he is aware the visa was refused for policy reasons? He subsequently received 2 Czech visas for shorter time periods. Many thanks

Expert:  UKSolicitorJA replied 4 years ago.
I am afraid your original query has been answered, please leave feedback first. Your latest query is not connected to your original query.