[Husbands Wives & Partners] -*- [Investors] -*- [Setting up in Business]

This link explains what you will need to do if you want to do if you want to come to the United Kingdom (UK) to set up in business. It is only a guide to common questions.

 

What is a business?

Under the Immigration Rules, a ‘business’ is:

• a sole trader
• a partnership, or
• a company registered in the UK
You must get a visa to set up in business in the UK.

All applications, except for those made under a European Community Association (ECAA) are referred to the Home Office in the UK before a decision can be made and a visa issued.

What do I need to set up in business in the UK?

To qualify, you must be able to show evidence from the following.

• You have at least £ 200,000 under your control, which is available for you to use in the UK and which is held in your name (it is not heal by trust or other investment arrangements), with the aim of investing it in a business in the UK.
• You have enough extra funds to support yourself and any dependents, and live without having any help from public funds or taking employment (other than work for the business) until the business earns you income.
• You intend to be actively involve full-time in trading or providing services on your own account or in partnership, or in promoting or managing the company as a director.
• You intend to keep a level of financial investment proportional to your interest in the business.
• You intend to have either a controlling or equal interest in the business, and any partnership or directorship must not amount to disguised employment.
(This is when a person claims to be running the business but is really an employee)
• You can afford your share of any liabilities.
• You intend to provide investment and services for which there is a genuine need in the UK
• You expect to receive a share of the profits from the business, which will be enough to support yourself and any dependents, and live without any needing any help from public funds or taking employment (other than the business).
• You do not intend to take or look for any other employment in the UK other than your work for the business.

If you are taking over or joining as a partner or director in an existing business, you should provide:
• a written statement of the terms on which you will lead to an overall increase in the employment the business provides and so create at least two new full-time jobs for people already settled in the UK.
• audited accounts from the business for previous years, and
• evidence that your services and investment will lead to an overall increase in the employment the business provides and so create at least two new full-time jobs for people already settled in the UK

If you are setting up a new business in the UK, you should provide evidence that:

• you will bring enough funds of your own to the UK to set up the business, and
• the business will create at least two new full-time jobs for people already settle in the UK.

The above mentioned conditions apply to self-employed doctors and dentists.

How do I qualify as a member of the legal profession?

Members of the legal profession can qualify under special concessionary arrangements outside the Immigration Rules. Applications do not need to be referred to the Home Office in the UK.

Solicitors and Law Consultants setting up or entering into a partnership in an existing practice in the UK, and barristers set up in chambers, can enter the UK as long as the following evidence is provided or action taken.

Barristers

• You must produce a letter of admission from the General Council of the Bar (England and Wales, Scotland or Northern Ireland) or evidence of a place in chambers.
• You must have enough to meet a share of the cost of rent and salaries

Solicitors

• You must produce a letter of admission to the Roll of Solicitors from the appropriate law society (England and Wales, Scotland or Northern Ireland).
• You must have enough funds to either set up a new practice or enter into partnership with an existing practice from which you will receive a share of the profits.

Consultants in overseas law

• You must show evidence of your qualifications.
• You must produce a letter from the law society (England and Wales, Scotland or Northern Ireland) confirming that there is no objection to you being given entry clearance for this purpose
• You must have enough funds to either set up a new practice or enter into partnership with an existing practice from which you will receive a share of the profits.

The requirements for investment and job creation do not apply for people setting up in business within the legal profession in the UK.

The requirements for maintenance and accommodation are the same as for the other types of business covered in this section

Can my dependents join me in the UK?

Your husband, wife or eligible partner and children under 18 can join you s your dependents in the UK if:
• They have a visa for this purpose, and
• You can support them and live without needing help from public funds

Do I need a visa?

Yes. You must have a visa before traveling to the UK, if you arrived in the UK without one, you will be refused admission to the UK.

What is a visa?

A visa is a certificate that is put into your passport or travel document at a British Mission overseas. The visa gives you permission to enter the UK.

If you have a UK valid visa, you will normally not refuse to enter the UK unless your circumstances have changed or you gave false information or did not disclose important facts when you applied for your visa.

When you arrive in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.

How do I apply for a visa?

You will need to fill in a visa application form (VAF I – non settlement) you can get a form, free of charge from your nearest courier GERRY’s FEDEX office or visa section of the British Mission, or from website www.ukvisas.gov.uk
You can apply for a visit visa in the country of which you are a national or where you legally live or at any other full service visa-issuing office.

You can apply through courier GERRY’s FEDEX and somewhere in person or online.
What do I need to make my application?

You will need the following.

• A visa application form (VAF I – non settlement), which you have filled in correctly.
• Your passport or travel document
• A recent passport-sized (45mm x 35mm) colour photograph of yourself.

This should be:
• taken against a light coloured background
• clear and of good quality, and not framed or backed
• printed on normal photographic paper, and
• full face without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons.
• The visa fee which is non-refundable and you must normally pay it in the local currency of the country where you are applying
• The documents referred to in this web link that relate to the type of business you are applying for entry clearance to set up in the UK. You should include all the documents you can to show that you qualify for entry to set yourself up in business. If you do not, your application will be refused.

What do my dependents need to make an application?

• A visa application form (VAF I – non settlement), which you have filled in correctly.
• Your passport or travel document
• A recent passport-sized (45mm x 35mm) colour photograph of yourself.

This should be:
• taken against a light coloured background
• clear and of good quality, and not framed or backed
• printed on normal photographic paper, and
• full face without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons.
• The visa fee which is non-refundable and you must normally pay it in the local currency of the country where you are applying
• Evidence of their relationship to you.
• Evidence that you can support them without needing any help from public funds
• A copy of the relevant pages from your passport, showing your permission to stay if you are already in the UK

What will happen when I make my application?

The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If it is not possible, they will need to interview you.

Please check your visa when you get it. You should make sure that:

• your personal details are correct
• it correctly states the purpose for which you want to come to the UK, and
• it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months in you do not plan to travel immediately)

If you think there is anything wrong with your visa, contact the visa section immediately.

What are public funds?

Under the Immigration Rules, if you want to travel to the UK as a visitor, you must be able to support yourself and live without claiming certain state benefits.
These are:

• Income Support and Job Seekers Allowance (JSA)
• Help with housing and homelessness
• Housing benefit and Council Tax Benefit
• Working Tax Credit
• Social Fund Payment
• Child Benefit
• Disability Allowance