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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2248
Experience:  I am a qualified solicitor and an expert in UK law.
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I am helping my brother in law asking the immigration procedure

Resolved Question:

I am helping my brother in law asking the immigration procedure to the UK
He currently lives in Hong Kong with his wife and daughter .They are all holding the British National Oversea Passport in Hong Kong

He is 45 years old and his wife 40 years old and his daughter is 14 years old.

He wants to live in the UK and also for his daughter to study in UK. I have checked the UKBA website that the possible category for him is Tier 1 (Entrepreneur) of the points-based system

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/applying/

He has the following question to ask and hope to get the reply in simple plain English. He understand that he and his family could stay in the UK for 6 months by their BNO passport, then he would like to check the below

1) Could he apply the Tie 1 (Entrepreneur) in the UK if he held over GBP 200,000 in his account with the local UK bank. ? if not what he needs to do to qualify.
2) Could he send her daughter to the local comprehensive school for her education and does she need to pay any fee?
3) Is there any different to apply Tier1 (Entrepreneur) in the UK or in Hong Kong?
4) Will the chance for apply in the UK is higher than the chance in Hong Kong?
5) Referring to the below points table. What is the total minimum amount that he need to have to support his application from the successful cases that you have seen before? Are (a) + (b) +(c) referring to the same amount of money ie GBP 200,000

Access to investment funds
a) You have access to not less than £200,000 25 points
b) These funds are held in 1 or more regulated financial institutions 25 points
c) These funds are disposable (free to spend) in the UK 25 points
English language

d) You can speak English to the required standard 10 points
Maintenance

e) You have enough money to support yourself while you are in the UK 10 points

6) For the successful application for Tier 1, how long will it take for his and his family becomes the UK Citizen?
7) Follow up on his daughter education; during the period awaiting to become the full UK citizenship, does she qualify as home student or overseas student.
8) Just want to double confirm if he decide only his wife and daughter to come to the UK and he will join them after his wife and daughter became thefull UK citizenship. Ie He will apply as spouse to stay in the UK, will this make any different to the case.

Hopefully you can guide him and reply to us a simple plain English. Since the UK immigration law is be revised recently, he would like to keep it update and he can plan ahead.

He may have follow up question after your reply. Kindly help.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

Did he confirm from the British embassy that he can only reside in the UK for 6 months?

Kind regards
Customer: replied 2 years ago.


Yes, for BNO he checked he only can stay in the UK for 6 months

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. He can not apply for a tier 1 entrepreneur visa simply on the basis of him having(NNN) NNN-NNNNin his account. The investment must be from a venture capital firm.

2. Yes he can send her to school.

3. It will make no difference where he applies from.

4. The chances of applying from either country will be the same.

5. He will need to show he has between 50000 to 200000. You must also show that you have 4,400 in addition to the funding available for your family.

6. They are will obtain indefinite leave to remain after 5 years and britishcitizenship after 6 years. ,

7. She will be regarded as an overseas student.

8. If he applies on the basis of his wife obtaining britishcitizenship then yes it would be a different requirements that he would need to satisfy.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.


Regarding your answer 1. Could he buy a retail shop or restaurant etc. If not what type of venture capital that he need to invest in.


 


Regarding your answer 2. Will it be free if she goes to the state school for her GSCE, then A level.


 


Regarding your answer 5. gbp 4400 is this a monthy and does it for 3 person only


 


Regarding your answer 7. Overseas student in term of the university education, or otherwise.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. He would need either a venture capital firm, a UK government department, uk entrepreneurial seed funding competition endorsed by ukti. The money must be given to him by one of the above to invest in the uk or a UK businesses.

2. Up to 16 education is compulsory after that he would need pay for the education.

3. This is for the whole duration.

4. Up to the age of 16 education will be free, thereafter he will need to pay.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.

follow up question 1, other than uk venture capital , in the context of the uk business does it include Chinese take away or Chinese resturant, supermarket etc


 


Your answer for the whole duration, would you pls explain a bit more


 


I may have some follow up after talking to my brother in law and get back to you ASAP.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

1. No they are not, they a banks, or government institutions that you should you project to and they decide if they want to invest in you and how much.

2. The whole duration would be for the duration of the visa issued.


I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.
Would you please elaborate more on item 1. How does it work and provide the working example? And any website for further reading
Expert:  UK_Lawyer replied 2 years ago.
Please see following link for further information :

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/


I hope this answers your question if so kindly rate my answer positively so I can get credited for my time .

Kind regards
Customer: replied 2 years ago.
Could you double confirm my understanding if tier 1 entrepreneur is only available for the highly skilled with money. Since my brother in law is a businessman, not interested in high tech or innovative firm. Is this category suitable if he just got the money not the skill. Or he should try to apply for the UK under Tier 1 (Investor) . Kindly advise!


On the other hand, my in law just told me that he will need the study visa for his daughter under tier 4. She can only go to the independent school not the state school. Is this true?
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

I would suggest he applies for a UK investor visa if he meets the requirementments as in order to apply for an entrepreneur visa the funds must come from a third party as mentioned above.

Regarding the daughters visa, has she been traveling alone then yes but as she will be traveling as your dependent then no. She can't on one hand have a visa as a dependent and a tier 4 student. She is considered part of her dads family unit until the age of 18.

Kind regards
Customer: replied 2 years ago.
If she come to uk for study now with her dad with their BNO passport and go to the state school. They both need to leave the country every 6 months. Will this be a problem?


Each my brother in law choose to tier1 uk investor. Can he buy property or uk bond or share for his investment. How long that he need to held this asset for ? Anything that he need to pay extra attention.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your new question.
Kindly rate my previous answer positively and I will be happy to answer your new question.

Kind regards
Customer: replied 2 years ago.
Hi the above is the follow up question from me. This is not a new question.
Expert:  UK_Lawyer replied 2 years ago.
Yes it will be an issue as if she is not in the uk for more than 6 months she would be deemed a visitor and not someone who is resident in the uk.

I suggest you see the following link which includes all he guidance and form for further information :

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/investor/apply-outside-uk/

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 2 years ago.

Kindly rate my answer positively, so I can get credited for my time.

 

Kind regards

Customer: replied 2 years ago.

Sorry for the late reply. I was in touch
with my Brother in law to see if he got any follow up question before closing our session.


 


The final follow up from him, if he is not skilled. Besides Tier 1 (investor) , he wants to know is there any category for him to decide.

Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

He may apply to arrive to the UK as a Tier 4 student, please see following link:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/adult-students/apply-outside-uk/

 

The issue is that the UK government only want skilled individuals in the UK, they do not want individuals who will not contribute to society. If he holds a valid degree and is sponsored by an employer in the UK he may be able to apply for a tier 2 migrant worker visa, the link and guidance for which can be found in the following link:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/outsideuk/

 

Apart from the above and the categories we have already discussed he would not be able to apply for any other category.

 

I hope this clarifies the matter.

 

Kind regards

Expert:  UK_Lawyer replied 2 years ago.

Kindly rate my answer positively, so I can get credited for my time.

 

Kind regards

UK_Lawyer, Solicitor
Satisfied Customers: 2248
Experience: I am a qualified solicitor and an expert in UK law.
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