Legal
UK Urged To Overhaul Investor Visa Regime; Controversial "Auction" Idea Is Floated

In a move highlighting how a number of countries are bringing out visa programmes to attract wealthy investors, a body advising the UK government says would-be entrants to the country must put down more money to qualify, and advocates a new fast-track auction route for applicants.
In a move highlighting how a number of countries are bringing out
visa programmes to attract wealthy investors, a body advising the
UK government says would-be entrants to the country must put down
more money to qualify, and advocates a new auction regime, dubbed
by one critic as putting citizenship on "eBay".
The Migration Advisory Committee, a body of the UK Border Agency,
has called for current minimum of £1 million ($1.67 million) for
an investment visa to be doubled to £2 million. In a potentially
controversial step, it has also called for £5 million and £10
million investment visas to be scrapped and replaced with a
premium route in which the government auctions a limited number
of visas on a sealed bid basis, with a reserve price of £2.5
million. Auction winners would put at least £2 million into the
UK economy; the excess would be transferred by the government to
causes similar to those backed at present by the UK National
Lottery.
In its 108-page document, the committee said that the standard
minimum of £1 million for an investment visa has not changed for
20 years, during which time inflation has eroded the sum and
therefore needs to be increased. The chairman of the committee,
Sir David Metcalf, said the alleged benefits to the UK from the
current programme were not self-evident; he pointed out that most
applicants buy UK government bonds (gilts) although there were
few signs that such purchases were vital to the public
accounts.
Under the idea of the blind auction proposal, incentives for
investors to enter this blind auction would be faster permanent
residency after two years rather than five years for all other
investors, and generous absence limits which would allow these
migrants to be outside the UK for up to nine months per year.
The issue of how the investor – and entrepreneur visa –
programmes should be reformed to bolster the economic boost to
the UK have been aired for some time. (To see an article on the
issue in this publication, see here and here.) A number of countries, such as Spain,
Portugal and Malta have rolled variations on the lines of such
visas, although with certain differences and financial
thresholds. The growth of a specialist sector focused on
immigration advice to high net worth individuals has even spawned
its own awards event (see here).
Another proposal of the MAC is that lawmakers should relax rules
on permitted investments, to cover alternatives sectors such as
infrastructure bonds and venture capital.
Nick Rollason, head of business immigration at Kingsley Napley,
said the auction idea will lead to an “eBay culture” for visas.
“It will also leave a bad taste in the mouths of the British
public,” he said.
Another law firm, Taylor Wessing, was more positive, but had reservations.
"Despite strong competition from other countries with comparable
investment based visa schemes, the doubling of the investment
level is unlikely to be a deterrent to high net worth individuals
and their families who wish to live in the UK and enjoy all that
it offers. The UK will continue to be an attractive destination
for such individuals due to its political, democratic and
economic stability together with our internationally renowned
education and legal systems,” Sanjvee Shah, private client
partner at law firm Taylor Wessing, said.
Charlie Pring, immigration senior counsel at the same firm,
added: "Any donation under the investor visa programme which
supports good causes in the UK is to be welcomed. However, the
danger for the UK government if it accepts the auction proposals
under the MAC report is the risk of a perception that it is
trading British citizenship to the highest bidders without proper
controls, particularly when the EU has criticised Malta for
selling its passports like any other asset.”
“It remains to be seen whether the UK Government implements all
or any of the recommendations published today, but as the MAC has
recognised, unless settlement and British citizenship for the
successful bidder's family is also accelerated, there may be
little incentive for foreign investors to go for the `premium’
option,” he said.
Withers, the law firm, urged interested parties not to jump to
hasty conclusions on the committee’s proposals.
“It must be remembered that the report is just a set of
recommendations from the MAC. There is no obligation on the
government to implement any of them and the outcome will be
driven by the political agenda. It does, however, give a clear
steer to the government through the fog of self-interested
lobbying by various stakeholders. What is also clear is that a
lot of work needs to be done in developing the detailed policy
relating to any changes that may be implemented, in particular
the widening of the class of permitted investments," Philip
Barth, Head of Immigration (Europe & Asia), said.
National and local government policy recognizes the importance of
infrastructure projects to drive economic growth and social
regeneration Infrastructure projects are a readily understood
asset class by international investors,” Invest UK, an
organisation working in the HNW immigration area, said.
This publication is seeking comments from other immigration
specialists in this field – do email the editor at
tom.burroughes@wealthbriefing.com