Business and Investing – The Main Categories

People who come to the UK in a category described on this page will be allowed to stay in the UK for a fixed period. They can apply to extend their stay, and if they stay in the UK for long enough, they can ultimately apply for settlement (Indefinite Leave to Remain – ILR) in the UK.

Check our articles for information on recent developments.

It is important to explore your options and work out which category is best suited to you. Contact us to find out how we can help you to identify the best application for you and assist you in making that application.

Business People

A business visa is for a person coming to the UK to set up in self-employment or in partnership as a businessperson. Your business may take the form of a limited company, a partnership or a sole trader. You may be setting up an entirely new business, joining an existing business or taking over an existing business.

The major requirements are that you must invest a certain amount of capital in the proposed business and that the business plan demonstrates the necessity for the investment. If you are setting up a new business you will need to show that it will generate new jobs. You will need to be able to support yourself until the business can support you.

The investors, innovator and HSMP categories may be alternative options. Gherson and Co also deals with business visitor applications, where people wish to come to the UK for a short visit for business purposes.

Innovators

The Innovator scheme is designed to attract entrepreneurs. The purpose is to attract ideas and talent to the UK, rather than investment. No minimum investment is required, although, as with other business applications, you must be able to support yourself. Third party funding is permitted. You will need to show, among other requirements, that your proposed business will bring exceptional economic benefits to the UK; that you have the required skills and experience to run the proposed business; that there is sufficient funding in place; and that at least two new UK-based jobs will be created.

Investors

Investor status is a special category that is open only to people who can demonstrate the ownership of a substantial amount of money and a commitment to invest this in the UK for a minimum period of time. The category is aimed at those who wish to immigrate to the UK and it is requirement that you intend to make the UK your main home.

Since 2004, it has been permissible for the investor to use funds that have been borrowed, although only certain loans are acceptable and if the funds are borrowed the rules are harder to meet.

For those who cannot satisfy the financial requirements of an investor visa, an alternative approach would be the business visa which is open to those with much less money to invest.

Gherson and Co took one of the leading cases on investors and their rights to settlement in the UK.

Sole Representatives

This allows one person, who must not be an EEA national, to come to the UK to establish a first commercial presence in the form of a branch or wholly-owned subsidiary for a company based overseas. "Sole" means what it says; if a company then wants to send a second person to the UK it will have to obtain a work permit for the second person.

The company must be based overseas and if you are to be the sole representative, you must have been recruited outside the UK. You must have the power to make decisions on behalf of the company and be employed full-time by the company You must not be a majority shareholder.

Self-employed lawyers

There is provision for self-employed lawyers to come to the UK although this is not part of the Immigration Rules. Instead, it is a concession operated by the Home Office. Under the concession a lawyer can work in the UK when setting up a new practice, or as a partner or tenant in an existing law firm or barristers’ chambers. There is no requirement for a large cash investment and you do not need to create jobs for other people in the UK. You must be able to support yourself financially.