To obtain entry into the UK as a Tier 1 investor, the applicant does not need to state that he or she is willing to reside in the UK for any set amount of time. Similarly, when applying for a visa extension, it is not necessary to indicate that you have spent a certain period in the UK or are willing to stay in the UK for a future extended visa period.

However, if you apply for settlement under the Tier 1 investor route, the length of residence and absence in the UK will have a significant impact, i.e., ILR(indefinite leave to remain) may be refused if you do not meet the resident and absent requirement. You can instead choose to extend your stay, rather than applying for a settlement. You can apply for an extension of your stay as much as possible if you meet the requirements of the Tier 1 investor visa category.

The settlement on a UK investor visa has three routes that take two, three or five years, depending on the amount of investment maintained during the stay. In each case, the requirements for residence and absence of a Tier 1 investor's settlement must be the same for at least 180 days in the UK for any 12 months.

If you stay abroad during the visa period granted under the amended ILR rules after January 11, 2018, the Home Office will consider 12 months. The absence requirement does not count the days which are spent travelling to or from the UK.

When applying for settlement, the period of absence in the UK is not decided at the discretion and the period of stay in the UK is strictly reviewed. The policy guidance states that the reasons for maternity, paternity, adoption, or coronavirus will be considered within the standard 180 days which could be exceptional. However, if staying abroad was the reason for economic activity, it is not considered an exception. This means that to settle in the UK as a Tier 1 investor, an applicant must stay in the UK for more than half of the period approved on a visa.

If you have dependents, the same requirements for residence and absence may apply. Residence and absence requirements apply only to applications for settlement in the UK, not simply to extend the length of stay in the same way as the main visa holder.

Dependent spouse/partner is also affected by the main applicant's stay. The condition of ILR application for a spouse or partner who is a dependent must be spent in the UK for five consecutive years in the same way as the main applicant. Dependents can apply at the same time, or later, but they cannot apply separately before the main applicant. Even if the dependents meet the residence requirements, but the main applicant cannot meet the residential requirements, they cannot apply for ILR and instead will extend the period of stay further.

A child dependent does not require a particular amount of time in the UK and absent limitation abroad. However, the dependent child may not apply for ILR before the main applicant and must extend his or her stay until the main applicant is eligible for settlement.

One of the biggest impediments for applicants seeking to move themselves and their families to the UK on a Tier 1 investor visa is to satisfy the ILR residence and absence requirement. Therefore, if you want to settle in the UK, you must minimise your absence period abroad to meet the requirement from the time you first enter the UK.