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 - Immigration
On 13 October 2023, the UK Government announced a substantial 66% increase in the Immigration Health Surcharge (IHS). Originally set to take effect from 16 January 2024, since a delegated legislation committee of the House of Commons will be debating the draft Immigration (Health Charge) (Amendment) Order 2023 on Wednesday, 10 January at 4.30pm, the IHS fee increase cannot now be implemented any earlier than 31 January 2024.
What Is the Immigration Health Surcharge (IHS)?
The Immigration Health Surcharge, or IHS, was first introduced on 6 April 2015 to ensure migrants contribute to the cost of healthcare provided by the NHS.
The Immigration Health Surcharge is an upfront cost paid alongside the submission of (most) visa applications so that the individual is entitled to have full access to the National Health Service (NHS) whilst in the UK. There is no limit to how much one can access the NHS. Additionally, there is no option to opt out of the Immigration Health Surcharge even if you believe you will not use the NHS or would prefer to pay for private health care.
The Immigration Health Surcharge is normally applicable to individuals applying for permission to enter the UK for six months or more, or for individuals making visa applications from within the UK for any length of time (with the exception of applications for indefinite leave to remain or for applications to naturalise as a British citizen).
The IHS is charged per year and covers the duration of any visa application applied for.
When Do I Pay the Immigration Health Surcharge?
The Immigration Health Surcharge is applicable when making the online visa application. When you are submitting the online visa application you will be redirected to the appropriate Immigration Health Surcharge payment page. The payable fee will be calculated in accordance with the visa for which you are applying for and will amount to the duration of that visa. Please note that this fee is sometimes rounded up and may therefore be higher than expected. Additionally, there is no control on the currency exchange rate used. As outlined in the Home Office Exchange Rate Policy, the exchange is normally 4% above the Oanda live bid rates. After the Immigration Health Surcharge is successfully paid you will be redirected back to the online form to pay the application fee. Additionally, you will be sent a confirmation email which includes the IHS reference number.
When Is the IHS Increasing?
Originally set to take effect from 16 January 2024, since a delegated legislation committee of the House of Commons will be debating the draft Immigration (Health Charge) (Amendment) Order 2023 on Wednesday, 10 January at 4.30pm, the IHS fee increase cannot now be implemented any earlier than 31 January 2024.
What Is the IHS Increasing to and Who Is Affected by This Increase?
The details of the Immigration Health Surcharge increase have been confirmed in the Immigration (Health Charge) (Amendment) Order 2023. The Order needs to be approved by both Houses of Parliament and ratified.
The Immigration Health Surcharge is increasing for students, student dependants, those applying for entry clearance or leave to remain under the Youth Mobility Scheme, and applications made by children under the age of 18 from £470 a year to £776 a year.
For all other relevant immigration categories for entry clearance or leave to remain in respect of persons aged 18 years or over at the date of application the Immigration Health Surcharge is increasing from £624 a year to £1,035 a year. Therefore, when it takes effect, the Immigration Health Surcharge will increase by 66%.
Who Is Not Affected by the Immigration Health Surcharge (IHS) Increase?
There is no IHS for Health and Care workers, visitors, those applying under the EU Settlement Scheme, or for those applying for entry clearance as a Fiance under Appendix FM. Likewise, there is no Immigration Health Surcharge for those claiming asylum or applying for entry clearance or permission to stay under the Ukraine Scheme. Additionally, there is no requirement to pay the IHS for those applying for indefinite leave to remain or for British Citizenship.
Additionally, people who cannot afford to pay the IHS can request a fee waiver if they have credibly demonstrated that they cannot afford the fee.
What Happens if I Do Not Pay the Immigration Health Surcharge?
As stated under paragraph 34(4) of the Immigration Rules, a failure to pay the IHS will result in an invalid application and your application will not be processed. If applying from inside the UK, your application will be rejected within 10 working days, and if applying from outside the UK, your application will be rejected within 7 working days.
Can I Get the Immigration Health Surcharge Refunded?
If you withdraw your application or your application is refused you can apply for a refund of the Immigration Health Surcharge.
Contact Our Immigration Solicitors
For expert advice and assistance in relation to a visa or immigration application, contact our immigration solicitors on 020 8240 9018 or email at ji@jypartnerssolicitors.com.
Blogs - Immigration
If you previously had indefinite permission to enter or stay (settlement) in the UK and this has now lapsed, you may be eligible to return to the UK to settle on the basis of a Returning Resident visa.
An application for a Returning Resident visa must be made from outside the UK.
If your application for a Returning Resident visa is successful, you will be granted entry clearance for settlement in the UK.
Returning Resident Visa Requirements
The requirements that you will need to satisfy in order to be admitted to the UK for settlement as a Returning Resident are:
- You are outside the UK;
- You were previously granted settlement in the UK;
- Your previous settlement in the UK has lapsed due to your absence from the UK;
- You genuinely intend to return to the UK for the purpose of settlement;
- You have maintained strong tries to the UK during your absence from the UK;
- You did not receive public funds towards the cost of leaving the UK (unless applying under the Windrush Scheme);
- Your application does not fall for refusal under the general grounds for refusal;
- You have a valid TB certificate, if required;
- If under 18, you have written consent from either both parents, one parent (if that parent has sole legal responsibility for you) or a legal guardian.
The exact requirements you will need to satisfy in order to qualify for a Returning Resident visa may vary depending on your personal circumstances. You may want to speak to an immigration lawyer for expert advice.
When does indefinite leave to remain or settlement in the UK lapse?
Your indefinite leave to remain will have automatically lapsed by operation of law if you held ILR status but were subsequently absent from the UK for a continuous period of:
- More than 2 years under the Immigration (Leave to Enter and Remain) Order 2000; or
- More than 5 years, if you previously had settlement in the UK under the EU Settlement Scheme; or
- More than 4 years, if you previously had settlement in the UK under the EUSS as a Swiss national or a family member of a Swiss national.
Does a Returning Resident need to have had indefinite leave to enter or remain when they last left the UK?
There is no requirement that an applicant had indefinite leave to enter or remain in the United Kingdom when they last left the UK. Therefore, it remains possible to make an application for a Returning Resident visa even if you visited the UK since your leave lapsed.
How can I demonstrate that I have maintained strong ties to the UK?
As part of your Returning Resident visa application, when assessing whether you have maintained strong ties to the UK during your absence from the UK, the Home Office will consider the following:
- Your family ties in the UK;
- Your property and business ties in the UK;
- The length of your original residence in the UK;
- The length of time you have spent outside of the UK;
- Your reasons for leaving and wishing to return to the UK; and
- Any other circumstances.
Home Office guidance also acknowledges that there ‘may be other compelling or compassionate circumstances’ and confirms that each application ‘must be considered on its individual merits’. Given the various factors, and the discretionary nature of the assessment, you may wish to seek legal advice when considering the evidence that you may wish to rely upon and how best to present it.
Can a Returning Resident be accompanied or joined by a dependent?
Returning Residents cannot automatically bring or be joined by a partner or children on this route. Each family member must qualify as either a Returning Resident, or in some other capacity, in their own right. You will therefore need to consider potential applications that a partner or children may be able to make. You may wish to seek legal advice in this regard.
What if my Returning Resident visa application is refused?
If your application for a Returning Resident visa is refused, there is no right of appeal, but the decision may be open to being challenged by way of an application for Administrative Review.
What if I cannot satisfy the requirements for a Returning Resident visa?
In the event that you cannot meet the requirements to enter the UK as a Returning Resident, but you have previously spent a continuous period of 10 years lawfully in the UK, you may be able to enter on another basis and then submit a Long Residence application.
How Our Immigration Solicitors Can Help
Our immigration team regularly assists foreign nationals whose previous indefinite leave to enter or remain has now lapsed and who now wish to settle in the UK as Returning Residents.
Whether you require expert advice on the requirements of the Immigration Rules for Returning Residents, an independent assessment of your prospects of qualifying for a Returning Resident visa or professional assistance with preparing a Returning Resident visa application or Administrative Review, our immigration solicitors can help.
We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to Returning Residents as part of a professional and friendly service.
Please contact us at 020 8240 9018 or ji@jypartnerssolicitors.com.
Blogs - Immigration
If you’ve applied for a UK visa, waiting for a decision can be a stressful experience, particularly if you have a travel deadline or other important plans. Fortunately, the UK visa application process allows applicants to track the progress of their UK visa application and check their UK visa application status.
In this post, we’ll walk you through the various ways you can check your UK visa application status, so that you can stay informed and up-to-date throughout the UK visa application process.
How to Check the Status of Your UK Visa Application Outside the UK
1. Using the VFS Global website
Step-by-step instructions for checking your UK visa application status on the VFS Global website:
You can track the progress of your out-of-country UK visa application on the VFS Global website:
- Go to the VFS Global website: Start by visiting the VFS Global website at https://www.vfsglobal.co.uk/ in your web browser.
- Select your VAC location: Select the location of the visa application centre where you provided your biometric information.
- Click on ‘Track your application’: At the top of the page for your VFS Global visa application centre, you may see a section called ‘Track your application’. If so, click on this section to begin the process of tracking your application status (If you cannot see a section called ‘Track your application’ then proceed to ‘3. Using the UKVI website’ below.).
- Click on ‘Track your visa application status online’: You will see ‘track your visa application status online’ highlighted in orange. Click on this to be taken to a login page.
- Enter your reference number: The reference number may be your GWF number or your VAC reference number, depending on the type of visa you applied for. Enter the number in the appropriate field.
- Enter your last name: You will also need to enter your last name in the appropriate field.
- Click ‘Submit’: Once you have entered all of the required information, confirm that you are not a robot and click the ‘Submit’ button to view your application status.
- View your application status: You should now be able to view the status of your UK visa application. The status may indicate that your application is being processed, or that a decision has been made. If a decision has been made, you may also be able to view the details of the decision, such as whether your application has been approved or refused.
If you have any questions or concerns about your UK visa application status, you can contact VFS Global customer service for assistance. Their contact details can be found on the ‘Contact us’ page of the VFS Global website.
2. Using the TLScontact website
Step-by-step instructions for checking your UK visa application status on the TLScontact website:
You can track the progress of your out-of-country UK visa application on the TLScontact website:
- Open your confirmation email from UK Visas and Immigration: Start by locating the confirmation email that you received from UK Visas and Immigration when you set up your visa application form.
- Sign into your application: Next, click on the link in the email and sign into your application on the GOV.UK website by entering your password and clicking ‘Sign in’.
- Navigate to the TLScontact website: Once signed in, click on ‘Provide Documents and Biometrics’ and then on ‘Continue’. You will now be redirected to your account on the TLScontact website.
- Select ‘Track’: Select ‘Track’ to view the status of your application in real-time.
- View your application status: You should now be able to view the status of your UK visa application. The status should indicate whether biometric enrolment has been completed, whether your application has been transferred to and received by the decision-making centre (DMC), whether the decided application has been transferred to and received by the visa application centre (VAC) and whether you have picked your passport up from the VAC.
If you have any questions or concerns about your UK visa application status, you can contact TLScontact support by clicking on the ‘Contact us’ page on the TLScontact website.
3. Using the UKVI website
Step-by-step instructions for checking the status of your UK visa application on the UKVI website:
You can track the progress of your out-of-country UK visa application on the UKVI website. Please note that this is a paid-for service. Queries about the progress of a UK visa application cost £2.74. This cost includes an initial email enquiry plus any follow-up emails that you send relating to the same enquiry:
- Go to the UKVI website: Start by visiting the UKVI website at https://ukvi.mysecurepay.co.uk/Home in your web browser.
- Click on ‘Start’: You will see ‘Start’ highlighted in green. Click on this to be taken to the next page.
- Click on ‘General Enquiry’: You will see ‘General Enquiry’ highlighted in green. Click on this to be taken to an online form.
- Complete the online form: Complete all the fields on the online form. In the ‘Enquiry’ box you should make clear that you are enquiring about the status of your application. If the standard processing time has been exceeded then you should mention this.
- Click on ‘Continue’: You should now be able to proceed to enter your payment details and confirm.
- Click on ‘Submit’: If you do not select ‘Submit’ then your enquiry will not be completed and you will not be charged. You should receive a reply to your query within 5 days, except on Fridays, Saturdays, Sundays and UK public holidays.
4. Contacting UKVI by telephone
You can track the progress of your out-of-country UK visa application by calling UKVI on +44 (0)300 790 6268 and selecting option 1.
The telephone line is open 24 hours a day, Monday to Friday.
Calls cost 69 pence per minute on top of your standard network charges.
If you cannot contact UK 0300 numbers, then use +44 (0)203 875 4669.
How to Track the Status of Your UK Visa Application Inside the UK
1. Using the UKVCAS website
Unfortunately, UKVCAS does not provide any application status updates on its website.
If you have any questions or concerns about the application status of an in-country immigration application, you should contact UK Visas and Immigration (UKVI) instead (proceed to ‘4. Contacting UKVI by telephone’ below).
2. Contacting UKVCAS by telephone
It is also not possible to telephone UKVCAS to check the progress of an immigration application.
If you have any questions or concerns about the application status of an in-country immigration application, you should contact UK Visas and Immigration (UKVI) instead (proceed to ‘4. Contacting UKVI by telephone’ below).
3. Using the UKVI website
Unfortunately, UKVI does not provide any application status updates on its website (proceed to ‘4. Contacting UKVI by telephone’ below).
4. Contacting UKVI by telephone
You can track the progress of your in-country immigration application by calling the UKVI contact centre on 0300 790 6268 and selecting option 2.
The telephone line is open 9am to 4:45pm on Monday to Thursday (excluding bank holidays) and 9am to 4:30pm on Friday (excluding bank holidays).
Information on call charges can be found here.
Blogs - Immigration, News
With effect from 20 February 2023, the Priority Visa Service has now resumed for new Marriage and Family Visa applications submitted from outside the UK.
This change means that individuals applying for the following settlement visas can now receive a faster decision on their applications:
- Spouse
- Civil Partner
- Unmarried Partner
- Fiancé(e)
- Proposed civil partner
- Child
- Adult dependent relative
Standard Processing Times for New Marriage and Family Visa Applications
The published service standard for deciding an application from outside the UK to settle in the UK as the spouse, partner or family member of a British citizen or settled person is currently 12 weeks.
However, the Home Office has, for some time, been advising applicants that standard applications for family visas submitted from outside the UK may take up to 24 weeks to process whilst it prioritises Ukraine Visa Scheme applications. This has led to many families being separated in different countries for extended periods whilst waiting for a decision on their UK visa applications.
In a positive development, following a reduction in the backlog of Ukraine Visa Scheme applications, the Home Office has recently announced that, from 3 April 2023, standard marriage and family visa applications will start to be processed within 60 working days.
This means that, from 3 April 2023, individuals applying for a UK visa as the spouse, partner of family member of a British citizen or settled person via the standard service can expect to receive a decision on their UK visa application within 12 weeks.
Priority Visa Service Resumes For New Family Visa Applications
For those who don’t want to wait until 3 April 2023 to apply for a UK marriage or family member visa, or for whom 12 weeks still sounds like a long time to wait for a decision, the resumption of the Priority Service for new family visa applications means that there is now an additional option to receive a quicker decision.
The Home Office is currently advising that new marriage and family visa applications submitted from outside the UK using UKVI’s Priority Service will be processed within 30 working days or 6 weeks from the date of the appointment at the visa application centre. This is considerably longer than the 5 working day Priority Service that is available for other immigration routes, but still an improvement on the standard processing time for a partner or family visa application submitted from outside the UK.
The Priority Service is optional and a £573 fee must be paid in addition to the standard visa application fee.
Applicants should note that not all applications are suitable for the Priority Service. If an application is not straightforward then it may not be possible for the Home Office to meet the 30 working day service standard. If this is the case, then the application will still be put at the front of the queue at every stage of the decision-making process, but a decision within 30 working days will not be guaranteed. Our immigration lawyers can advise you on whether your family visa application is likely to be suitable for the Priority Service.
Applicants may also wish to keep in mind that the “Keep My Passport When Applying” service that is generally available to applicants when applying for a UK visa from outside the UK is not compatible with UKVI’s Priority Service. Therefore, if you apply via the Priority Visa service from outside the UK you will not be able to use the “Keep My Passport When Applying” service.
Contact our Immigration Solicitors
If you have any enquiries about the UK immigration law or visa applications, please contact our immigration solicitors on 020 8240 9018 or submit the enquiry form on our website.
Blogs - Immigration
As many UK visa applicants and those with appeals pending before the Immigration Tribunal continue to face delays in the immigration system, the UK Government has announced two measures that it hopes will speed up some immigration decision-making.
Priority Service Reinstated for Pending Partner and Family Visa Application
The published Home Office service standard for deciding an application from outside the UK to settle in the UK as the spouse, partner or family member of a British citizen or settled person is currently 12 weeks. However, the Home Office is currently advising that applications for family visas submitted from outside the UK may take up to 24 weeks to process whilst it prioritises Ukraine Visa Scheme applications.
Whilst super priority and priority visa services remain temporarily suspended for new partner and family visa applications submitted outside the UK, there is some good news for those who have already applied. The Home Office has announced that, from 9 January 2023, applicants with a pending family visa entry clearance application will be retrospectively offered the option of upgrading to a priority service in order to receive a faster decision on their application.
Existing applicants with a pending partner or family visa application will be contacted by email and offered the option of upgrading to a 15 full working days/3 weeks priority service. The fee to receive a faster decision on an outstanding partner or family visa application will be £573. Applications will be decided within 15 working days / 3 weeks of receipt of payment.
One may reasonably question why applicants who have been waiting many months for a decision on their partner or family visa application, in circumstances where the 12-week Home Office customer service standard has been significantly exceeded, should now have to pay an additional fee in order to receive a quicker decision on their application. However, for those willing and able to pay, the reinstatement of the priority service for pending partner and family entry clearance applications should put an end to months of agony and frustration.
The reintroduction of a priority service for pending partner and family visa applications submitted outside the UK does not offer any immediate relief to those considering making a new partner or family visa application from overseas, who still face a wait of up to 24 weeks for a decision. However, the Home Office has announced that it is aiming to reintroduce a priority visa service for new partner and family visa applications submitted outside the UK in early 2023 and that it hopes to be able to reduce the customer service standard for new partner and family entry clearance applications from 24 weeks to 12 weeks later in the year.
More Immigration Appeals to be Heard in The Immigration and Asylum Tribunal
In a further development aimed at speeding up immigration decision-making, the Government has announced that thousands more immigration appeals will be heard by the Immigration and Asylum Tribunal before the end of March 2023.
By increasing the number of days that the Immigration Tribunal can sit, funded by £5 million of government investment, it is anticipated that up to 9,000 more immigration and asylum appeals will be heard before the end of March 2023.
There are currently 25,000 immigration cases pending in the immigration appeal
Contact our Immigration Solicitors
For expert advice and assistance regarding a UK visa application or UK immigration appeal, please contact our immigration solicitors on 020 8240 9018 or via the enquiry form on our website.
