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and that they have money under their controlheld in a regulated financial institution anddisposable in the UK of no less than£1,000,000 (which is permitted to includemoney loaned to the individual by a regulatedfinancial institution).Unlike the Tier 1 (Entrepreneur) visa, anapplicant does not have to meet the Englishlanguage requirement and is not required toshow that they can support themselvesfinancially whilst in the UK.An investor will have 3 months from the date ofentry to the UK to invest at least £750,000 oftheir capital in the UK by way of UKGovernment Bonds or share or loan capital inactive and trading UK registered companies(excluding companies principally engaged inproperty investment, and excludinginvestments by way of deposits with banks orbuilding societies), and the balance must beotherwise invested in the UK.Investors will be issued with a visa for 3 yearsand 4 months, which maybe extended for afurther period of 2 years provided that theinvestor meets the conditions of the pointsbased extension test in force at the time(summarised above). Investors are free toundertake any employment or pursue selfemploymentand other business opportunitiesin the UK.2. Applying under Tier 2Employers wishing to employ individuals underTier 2 of the PBS must first have registeredwith the UK Border Agency as a “LicensedSponsor” and the individual must then besponsored by that employer.To be eligible to apply to come to the UK underTier 2, an individual must have a job offer inthe UK from an employer registered with theUK Border Agency as a Licensed Sponsor.The job must be graduate level or above, andthe salary must meet or exceed the minimumacceptable hourly or annual salary for the typeof job, as set down from time to time by the UKBorder Agency. The individual must also score50 points for “attributes”, which are scoredacross two criteria: the type of job offer (e.g. ifit is on the UK Border Agency’s ShortageOccupation List, for an intra company transfer,if the salary is over £150,000, if the migrant isswitching from a student visa category or if thejob has passed the “resident labour markettest”), and the prospective salary to be paid inthe UK. Individuals must also score a further10 points for each of financial “maintenance”and English language ability (intra-companytransfereesare exempt from the Englishlanguage requirement).3. Sole representativesThe first representative in the UK of anoverseas company which does not alreadyhave a representative branch office orsubsidiary in the UK can seek permission toenter the UK as a Sole Representative of thatoverseas company to establish a wholly ownedsubsidiary or register a branch in the UnitedKingdom.Applications to enter the UK as a SoleRepresentative are made to the Britishdiplomatic post in the country where theoverseas company is situated. Applications asSole Representatives are normally granted foran initial period of 24 months.4. Family members, settlement andcitizenshipFamily members of individuals grantedpermission to enter the UK may also begranted permission to enter the UK asdependents. This normally covers spouses,civil partners (and unmarried partners wherethe parties have been living together for twoyears or more), and children under the age of18. Applications are dealt with by the Britishdiplomatic post in the country where the familyresides.Under current rules, where an individual hasremained in the UK continuously for five yearsin one of the categories set out above, theycan apply for settlement in the UK and after sixyears residence in the UK (which must includeat least 12 months in the UK with settledstatus) it is presently possible to apply forBritish citizenship, although it is important tonote that during the qualifying period forcitizenship there are restrictions on the amountof time a person can spend outside the UK.However, the UK Border Agency keeps theposition on settlement and citizenship underregular review, so the requirements couldincrease or decrease over time.5. Business visitorsWhere a non-EEA/Swiss national needs toenter the UK for the purposes of takingpreparatory steps to set up a business or foremployment/self-employment in the UK, theymay enter as a business visitor. However, thisvisa does not allow individuals to actually setup in business or be employed in the UK.PAGE 21