An important change is being introduced in the application process for UK Tier 1 Investor and Entrepreneur Visas. Anyone applying for UK Investor or Entrepreneur Visas from 1 September 2015 will have to provide an overseas criminal record certificate for each country where they have resided continuously for 12 months in the ten years prior to the application.
The requirement applies also to any adult dependant (i.e. any dependant over the age of 18 years) of the main applicant. This is in addition to the existing rule that applicants must invest two million pounds sterling in share or loan capital in active and trading UK companies, or in UK Government bonds. (For more on this, see UK Tightens Investor Visa Rules at https://orcap.co.uk/uk-tightens-investor-visa-rules-with-expert-comments/.)
The applicant must supply the original document for each country where they have resided continuously for 12 months or more, either during the last ten years or since they were 18 years of age, whichever is the shorter period. Guidance as to how to obtain the certificate, country by country, can be found on the official UK Government website at https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants. Furthermore, if the original is not in English, then a verified translation must be provided. Exactly what is required can be found at https://www.gov.uk/certifying-a-document.
It is important to note that these certificates will be considered valid only if they have been issued within six months of the application for the visa. As there may be a delay while the applicant waits for the certificate, it is vital that a clear timetable is drawn up. Oracle Capital Group is well placed to advise our clients on this.
The Home Office is aware that it may not be possible to obtain a certificate from certain countries. In the case of an applicant being unable to obtain a certificate, they must submit in its place a letter which details the attempts which have been made to obtain a certificate and which confirms why this has not been possible. (A letter to this effect from the relevant authorities in the country concerned would assist in this process.) If the UK authorities accept this explanation, they may waive the requirement. But if they conclude that it is possible to obtain a certificate from the country in question, the applicant will be given another chance to submit a certificate.
Applicants should be aware that if they do not provide a certificate when the UK authorities deem that it is possible to do so, the visa application will be refused. Furthermore, should it be discovered that false information or fraudulently obtained documents have been submitted as part of the application, not only will the application be refused but the applicant may be banned for ten years from making any subsequent application.
Oracle Capital Group would be happy to provide our expert advice on any aspect of the application procedure.
Should you wish to receive recommendations, ask questions or get in touch with our experts, please email us info@orcap.co.uk or call +44 (0) 207 725 6900
