Business Immigration 2018-08-28T13:54:05+00:00

BUSINESS IMMIGRATION

Tier 1 Entrepreneur Visa

Many individuals living outside the UK or currently residing in the UK on another visa category may wish to explore the possibility of undertaking business in the country.

You may wish to set up a new business or take over an existing one.  If you meet the relevant requirements you may be granted an Entrepreneur Visa allowing you to reside in the UK` for an initial period of three years in order to set up and practice trade in your business.

In order to apply for a Tier 1 Entrepreneur Visa you must meet the following requirements; –

  1. Have access to either £50,000 or £200,000 (depending on the source of the finances.)
  2. The funds must be available to invest in the UK.
  3. You must have a certain amount to cover maintenance (living costs.)
  4. Demonstrate your ability to satisfy English language requirements.
  5. Must produce a carefully thought out business plan.
  6. Must produce evidence of a clean criminal record

A Tier 1 Entrepreneur Visa can be complex in nature and it is essential that the application is well prepared and satisfies all of the correct requirements.

MLC Immigration Lawyers can assist you in making a strong application to obtain a Tier 1 Entrepreneur Visa.

If you have access to the correct finances and have an idea of the type of business you wish to explore in the UK. MLC Immigration Lawyers can prepare your application and also assist with your business plan.

If you wish you enquire about an Entrepreneur Visa or have any questions, why not take advantage of our FREE INITIAL CONSULTATION to get you the advice you need.

Tier 1 Investor Visa

If you have considerable financial means and wish to invest within the UK, a Tier 1 Investor Visa may be a feasible option for you.

The starting point is having an investment sum of £2 Million available to invest in the UK.

The applicant must score a minimum of 75 points, which are calculated on the following basis:

The Applicant:
‘(a) has money of his own under his control held in a regulated financial institution and disposable in the UK amounting to not less than £2 million; and

(b) has opened an account with a UK regulated bank for the purposes of investing not less than £2 million in the UK’

In order to be eligible, the applicant must be at least 18 years of age and the assets and investment he is claiming points for must be wholly under his control.

Where the applicant is 18 years of age or older, the applicant must provide either an original or scanned copy of a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over.

Entry clearance will be granted for a period of 3 years and four months and will be subject to no recourse to public funds,

You must pay £1,561 to apply for a Tier 1 (Investor) visa and also pay an Immigration Health Surcharge.

MLC Immigration Lawyers can assist you in making a strong application to obtain a Tier 1 Entrepreneur Visa.

If you wish you enquire about a Tier 1 Investor Visa or have any questions why not take advantage of our FREE INITIAL CONSULTATION to get you the advice you need.

Tier 1 (Graduate Entrepreneur) Migrants

This route is for:

    1. (i) UK graduates who have been identified by Higher Education Institutions as having developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK; and
    2. (ii) Graduates who have been identified by the Department for International Trade as elite global graduate entrepreneurs to establish one or more businesses in the UK.

This route manly applies to UK graduates who wish to explore the possibility of setting up business in the UK without the requirement to invest the financial amount required for a Tier 1 Entrepreneur visa.

The aim is to develop your businesses idea for a period of one year with the intention to switch over to an Entrepreneur Visa if your business has been successful.

A successful Applicant must score a minimum of 75 points with a further grant of 10 points for maintenance funds and 10 points for English Language requirements.

All Applicants must present a well prepared and thorough business proposal which may be endorsed by UK Higher Education Institution

Entry clearance or leave to remain will be granted for a period of 1 year and will be subject to no recourse to public funds

Fees are £349 (currently) plus Immigration health surcharge payment.

Any Dependants: £419 per Dependant.

In terms of maintenance, you must show that you have £945 in savings if applying from inside the UK, or £1,890 if applying from outside the UK. This is to prove you can support yourself and you must have had this in your bank account for 90 days before you apply.

Applicants wishing to apply under this category must have a clear assessment of the rules and present a completed a well-documented Application.

MLC Immigration Lawyers can provide a full assessment of your chances and a well-presented application should you meet the requirements.

Sponsorship Licence for Employers

If you are a business owner in the UK and wish to employ someone from outside of the UK and EEA for a particular job role you may require a Sponsorship License.

This means that your business will firstly need approval from the Home Office before you can hire any selected individual.

If you have successfully obtained a license, then it is important to note that an individual is not granted a visa based on your job offer, they must also apply for the correct visa and if granted, they can then join your company.

If your business is successful you will be given a licence rating and will be able to issue certificates of sponsorship (COS). Your license will be valid for up to 4 years.

To get a license, you can’t have:

Also

  • You will need appropriate systems in place to monitor sponsored employees.
  • You will be required to appoint people within your business to manage the sponsorship process when you apply for a license
  • The fee for applying will depend on the size of your business. For small businesses the fee is currently £536. For Medium to Large business the fee is currently £1,476.

You’re usually a small business if:

  • your annual turnover is £10.2 million or less
  • you have 50 employees or fewer

The Law and requirements surrounding Sponsorship Licenses remain complex and rigid. A well-presented application requires input from competent immigration advisors.

MLC Immigration Lawyers highly skilled team can advise and help prepare your full application.

If you wish you enquire about a Sponsorship License or have any questions why not take advantage of our FREE INITIAL CONSULTATION to get you the advice you need.

Civil Penalty Notice: Illegal Workers

Civil Penalty Notices are becoming an increasingly used tool by Immigration Enforcement Officers. Officers may visit any business suspected of hiring illegal staff members and issue a ‘referral notice’ with fines of £20,000 per illegally worker.

A business will be sent a ‘civil penalty notice’ and if it’s found to be liable and they will have 28 days to respond.

If you are served a Civil Penalty Notice for employing illegal workers, you should give serious consideration to making an appeal, either to lessen the fine or to challenge it altogether. This is especially so if you believe you have not committed such an offence, or there are mitigating circumstances which ought to be considered and where grounds should be put forward in support of your claim.

Strongly prepared grounds backed with supporting documentation are vital when challenging such a decision.

If your claim is well prepared with evidence to strengthen it, this may amount to your penalty amount being reduced or even cancelled completely.

MLC Immigration Lawyers can assist you with preparing a well-documented and strong factual case.

If you wish you enquire about a how we can help or have any questions, why not take advantage of our FREE INITIAL CONSULTATION to get you the advice you need.

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