Immigration Solicitors For Setting Up UK Business
The current Home Office categories for those wishing to establish a business in the UK are Innovator Founder and UK Expansion Worker.
The Representative of Overseas Business category is closed to new applicants but those with existing leave as a sole representative can apply for extension or settlement.
If you will be employed by the new business, a sponsored work visa may be appropriate.
This category is for people seeking to establish a business in the UK. Applicants will have an innovative, viable and scalable business idea which is supported by an endorsing body. With some exceptions, applicants will have funding to invest in their business. This category may lead to settlement in the UK.
The endorsing body will need to establish and confirm that the applicant’s business venture meets all of the requirements below:
Innovation – The applicant has a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage.
Viability – The applicant has, or is actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business.
Scalability – There is evidence of structured planning and of potential for job creation and growth into national markets.
There is also an English language requirement – level B2 CEFR which can be met by either being from a majority English speaking country, having a degree taught in English, or passing an approved English test.
Finally, there is a maintenance requirement that requires the applicant to have a particular amount of money in their bank account, £1,270, for 28 days prior to the application.
After three years in this category an applicant can apply for indefinite leave to remain. At this stage they must meet several criteria in relation to their business and also a strict residence requirement. One year after obtaining indefinite leave to remain, and also having lived in the UK for five years in total, an applicant can qualify for British citizenship.
This category allows a business that has no branch or subsidiary in the UK to send a senior employee to the UK to establish a branch or subsidiary. The UK branch or subsidiary must apply for and be granted a sponsor licence before the senior employee can be sent to the UK.
Leave in this category is limited to two years in total, after which period the company is expected to apply for a Skilled Worker sponsor licence and sponsor the individual in that category.
The Representative of an Overseas Business category allowed an overseas business to send a senior employee to the UK to establish a branch or subsidiary
It is closed to new applicants but those with existing leave as a sole representative can apply to extend their visa. After five years in this category an applicant can apply for indefinite leave to remain. At this stage they must meet an additional English language requirement and also a strict residence requirement. One year after obtaining indefinite leave to remain, an applicant can qualify for British citizenship.
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