Blogs - Immigration, Insights
The UK government’s reported plans to introduce a new UK investor visa represent a potentially important development in the country’s economic and immigration strategy. As the government seeks to address the fiscal consequences of tax reforms and increased restrictions on work migration routes, the reintroduction of an investment-based visa could provide a valuable source of targeted foreign capital – if carefully designed.
Unlike the former Tier 1 (Investor) route, which was discontinued in 2022 due to concerns over misuse and a lack of economic value, the proposed new scheme would reportedly focus on encouraging investment into key strategic sectors such as artificial intelligence, life sciences, and clean energy. This signals a significant shift in approach, one that prioritises productive investment over passive capital and aligns migration policy more closely with national economic priorities.
Why Was the Tier 1 Investor Visa Closed?
The Tier 1 (Investor) visa, once a flagship route for high-net-worth individuals, was introduced to attract significant financial investment into the UK economy. In exchange for a minimum investment of £2 million – typically in UK government bonds (until this option was removed) or share capital – applicants were offered a route to UK residency and eventual settlement. However, over time, the route became synonymous with limited due diligence, insufficient scrutiny of the source of funds, and minimal long-term benefit to the wider economy.
In particular, critics highlighted the ease with which foreign investors could obtain residence rights with little requirement to demonstrate genuine integration or economic impact. Investigations into misuse, including concerns over money laundering and links to politically exposed persons, ultimately led the government to close the route in early 2022. At the time, the Home Office described the closure as part of a wider strategy to tackle illicit finance and strengthen the integrity of the UK’s immigration system.
The Case for a Reformed UK Investor Visa
Despite its shortcomings, the underlying rationale for an investment migration route remains compelling. Attracting global capital is critical to supporting economic growth, job creation, and innovation – particularly in high-value sectors where public funding alone may be insufficient. In this context, the opportunity to create a new, better-designed UK investor visa is timely.
If implemented correctly, a reformed investor visa could complement the UK’s industrial strategy and send a strong signal that Britain remains open to credible, long-term investors. The government’s reported focus on strategic sectors is especially important. Rather than allowing unrestricted investments into listed equities or real estate, the new scheme should target sectors that will drive productivity and sustainable development over the coming decades.
What Should a New UK Investor Visa Look Like?
Any new UK investment visa must differ in structure and safeguards from its predecessor. To ensure legitimacy and economic value, the following elements should be central to its design:
- Sector-specific investment criteria: Eligible investments should be restricted to pre-approved funds or projects that contribute directly to innovation, green growth, and strategic infrastructure. This may include early-stage venture capital, R&D initiatives, or scale-up enterprises in priority industries.
- Independent oversight and due diligence: Thorough checks on applicants’ source of wealth, business background, and investment intentions must be embedded into the application process. Independent bodies could be tasked with assessing economic impact and compliance.
- Genuine residence and integration requirements: The visa should incentivise applicants to establish a meaningful presence in the UK, rather than serve as a passive or speculative residency route. Measures such as minimum physical presence thresholds and engagement with UK-based enterprises should be considered.
- Exclusion of low-impact assets: Property purchases, government bonds, and other passive financial instruments should be excluded from the qualifying investment options unless they are clearly linked to broader public benefit.
Aligning Investment Migration with the UK’s Economic Strategy
The proposed visa arrives at a critical moment. Amid tighter immigration controls and the phasing out of the UK’s “non-dom” tax regime, there is a real risk that global investors may look elsewhere. A modernised investor route, aligned with strategic goals and underpinned by robust governance, could help mitigate this risk – bringing in capital that supports both innovation and economic resilience.
Importantly, the introduction of a new UK investor visa should be viewed not in isolation, but as part of a broader migration and investment strategy. The UK’s Global Talent, Innovator Founder, and Scale-up routes already offer pathways for individuals with skills and ideas. A complementary route for high-net-worth investors – those who can fund and accelerate strategic ventures – would round out the offer.
Conclusion: A New Chapter for Responsible Investment Migration
The closure of the Tier 1 (Investor) visa was, in many ways, a necessary corrective. But its demise also created a vacuum in the UK’s ability to compete for global capital through immigration channels. The current government now has an opportunity to fill that gap with a scheme that reflects modern economic priorities, responds to past failings, and restores confidence in the UK’s commitment to responsible, impactful investment migration.
A new investor visa – targeted, secure, and economically aligned – could become a cornerstone of the UK’s post-Brexit growth strategy. But to succeed, it must combine economic pragmatism with regulatory rigour and a clear vision for the role of foreign investment in the UK’s future.
Blogs - Conveyancing
Forming Right to Manage (‘RTM’) Company under Commonhold and Leasehold Reform Act 2002
Forming an RTM company is a process that allows leaseholders to take over the management of the building from the freeholder.
There is a step-by-step process of setting up an RTM company:
Check building eligibility:
- the building must consist of at least 2 flats
- at least 2/3 of the flats must be leasehold
- the leases must have originally been granted for at least 21 years
Leaseholder eligibility:
- at least 50% of the qualifying leaseholders must agree to participate in the RTM process
- commercial or non-residential parts of the building must not exceed 25% of the total floor area
Form the RTM company:
- it must be a company limited by guarantee and must be registered with Companies House
- the leaseholders who wish to participate should become members (shareholders) of the RTM company
- at least 2 directors (leaseholders) to manage the company
Notify leaseholders:
- once the RTM company is formed, invite all qualifying leaseholders to become members – at least 50% must support the RTM
- send out a notice to all leaseholders explaninag what RTM is, the implications, and how they can join
Serve the Claim Notice to the freeholder:
- send out a formal Claim Notice to the freeholder and the current management company, informing the freeholder of the RTM company’s intention to take over the management of the building and wait for the freeholder’s response
- the freeholder has the right to respond within 1 month of receiving the Claim Notice – they may either accept or dispute it.
- Normally, the freeholder has 3 months to respond to the Notice of Claim. If the freeholder cannot be found, this waiting period still applies.
- if the freeholder disputes the RTM, they must do so within 1 month period. The dispute may go to the Property Chamber for resolution.
Take over management from the freeholder:
- after the Claim Notice is accepted, the RTM company can take over the management of the building on the date specified in the Claim Notice (the date must be at least 3 months after the Notice is served)
- RTM company can request the transfer of all management information (for example, service charge accounts, maintenance schedules and contracts with other suppliers)
- RTM company is now resposible for the management of the building including, maintenance, insurance and collection of service charge.
If you have any enquiries in relation to setting up a RTM company or have disputes with a RTM company, please get in touch with us at 020 8240 9018 or info@jypartnerssolicitors.com.
Blogs - Conveyancing
The process of buying a property by auction is a little different from a normal purchase as basically when someone makes the winning bid at a property auction, they ‘exchange contracts’ with the seller the moment the gavel falls. Therefore, auction buyers must complete their legal due diligence on the property before the auction.
Auctioneers will make available an auction legal pack, containing key documents such as the title deeds, local authority searches, property forms, and the conditions of sale. This helps identify any potential legal issues, such as restrictions, defective leases, missing consents, and other legal issues that could affect the property’s value or future use.
The buyer’s solicitors carry out a review of the pre-auction legal pack to advise the buyer on any potentially serious legal issues. Auction legal packs may contain a range of documents, and a review typically covers an in-depth analysis of the following:
- Official copy of the title register
- The title plan
- Conveyancing searches
- Lease (if leasehold)
- Planning permission documentation
- Property information form (TA6)
- Fixtures and contents form (TA10)
- Special conditions of sale
- Energy Performance Certificate (EPC)
- Tenancy agreements
- Other relevant information
A review of a property auction legal pack is crucial to identify potential issues, ensuring buyers make informed decisions before bidding. Sometimes auction legal packs are only completed and available for review a few days before the auction date.
The legal pack review legal work is charged separately from the auction conveyancing legal work required if you win the auction. The seller pays a solicitor to compile the auction pack and the buyer will not normally be expected to pay the auction house for a copy of the auction pack. If you win the auction, however, you will typically have to pay the seller for the property searches, which you would normally have to pay for when buying a property.
If you have any enquiries regarding buying a property by auction, please contact our property solicitors at 020 8240 9018 or info@jypartnerssolicitors.com.
Blogs - Family Law
A prenuptial agreement, also known as a premarital agreement, is a written contract that a couple enters into before marriage.
It outlines how the couple’s assets will be divided if they divorce.
Premarital agreements can also help couples control and select many of the legal rights they gain when they marry.
In England and Wales, premarital agreements are not legally binding, but they can be persuasive and are likely to be upheld depending on the case providing the courts are satisfied that both parties freely entered into the agreement with full understanding of the implications.
In the UK, premarital agreements can help couples protect assets such as:
- Pre-owned assets
- Expected inheritance
- Trust funds
- Assets left to children from a previous marriage
- Their partner’s debt.
Premarital agreements can also help make the divorce process more efficient by avoiding lengthy court battles and legal disputes. This can save time and money and make the divorce process less stressful for everyone involved.
When considering a premarital agreement, you can consider things like:
- What would happen to money in joint accounts and jointly purchased property?
- What would happen to savings earned during the marriage?
- What would happen to pensions?
- How would debts be dealt with?
- Would either party pay or receive maintenance, and if so, for how long?
- What events might require the agreement to be reviewed?
- What arrangements would be made for any children, both financially and practically?
To be legally enforceable, a premarital agreement must be contractually valid. This means that there must be no factors that cast doubt on the free will of either party or the level of information they had when entering the contract. Evidence of mistake, misrepresentation, duress, or undue influence may cause the agreement to fail. As regards the level of information couples are advised to give full disclosure of their assets to each other before entering the agreement.
Where full financial disclosure has been given, the courts are more likely to uphold the arrangements set out in a prenuptial agreement in subsequent financial proceedings ancillary to divorce, although it should be emphasised that the couple cannot ‘contract out’ of the courts power to review the financial arrangements and step in following a divorce if one of the party’s needs are not being met.
As a preliminary to setting up a prenuptial agreement, we would invite a couple to:
- prepare schedules of assets and liabilities.
- consider what protections you wish to put in place as regards pre-marriage solely owned assets e.g. savings, property, pensions, inheritance, Trusts, stocks and shares etc.
- consider what you want to happen as regards assets acquired during your marriage either jointly or in your sole names.
- what is to happen as regards debts?
- provision for children
- any other matters particular to your circumstances
If you have any questions regarding prenuption agreement, please contact our family law solicitors at 020 8240 9018 or dorothy@jypartnerssolicitors.com.
Blogs - Trust and Estates, Insights
Life Interest Trusts in Wills for spouses, civil partners or unmarried partners.
The technical term for a life interest arising under a Will is an “immediate post-death interest”. Life Interest Trusts give a particular beneficiary the legal right to receive the income from, or to use property comprised in the trust. This right normally lasts throughout the beneficiary’s
lifetime. Sometimes the right terminates earlier, for example on the beneficiary’s remarriage, or if the trustees exercise any overriding powers under the Will. The beneficiary is often referred to as the life tenant.
In addition to the life tenant’s right to receive the income from, or to use any property (including the home) comprised in the trust, the trustees will usually be given a power to advance some or all of the capital in the trust to the life tenant and the beneficiaries entitled after the life tenant’s death (referred to below as the ultimate beneficiaries). The trustees will not be required to exercise such a power, but will be able to do so if they consider it appropriate.
The Will specifies what will happen to the remaining assets held in the trust on the life tenant’s subsequent death (to the extent that any power of appointment has not been exercised). The life tenant does not have outright ownership of the trust assets and the trustees will retain control. The life tenant can benefit from the trust assets, while the capital is preserved for the ultimate beneficiaries. The trust assets will not pass under the life tenant’s own Will.
While income can be paid to the surviving spouse (the life tenant) throughout their lifetime, capital can be preserved for the children of the former marriage or civil partnership. A further use of such a trust is to control the level of income for purposes of means tested benefits, with protection in the context of care home fees.
If you have any enquiries regarding setting up a life interest trust in your will, please get in touch with us at 020 8240 9018 or fill in the enquiry form on our website.