UK Business Visa
There is a range of different types of UK Business Visa’s and it is important to know which one is necessary for your personal circumstances.
Oracle Solicitors are the number 1 law firm in London and Belfast for Business Immigration advice so if you are unsure of what route to go down, get in touch today.
Do not delay in contacting our experienced, dedicated business visa lawyers for fast and efficient advice, delivered with a hands-on approach.
London: 020 3051 5060
Belfast: 028 9002 2371
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UK Business Visa – What you need to know
The Points Based System (Tier 1 – Tier 5)
Economic migration in the UK is governed by the Points Based System (‘PBS’). The PBS is a highly prescriptive regime and regulates all economic routes for UK migration as well as students.
It covers Tier 2 workers, Tier 1 Investors and Entrepreneur visas and Tier 5 Temporary Workers.
There is no margin for discretion under PBS and it is not possible to appeal your application however clear-cut any deficiency may be. It is therefore imperative that your application is absolutely compliant, scores the requisite number of points, meets the attendant supporting evidence requirement and adequately addresses your individual circumstances.
The business route is furthermore a rapidly changing one with amendments and new rules implemented up to twice a year. It is therefore vital to receive the correct advice from the get-go and to be able to adapt your application to conform to any changes introduced before submission.
At Oracle, we pride ourselves on being up to speed with the latest developments and devising strategies to overcome any difficulties posed by often sudden and dramatic changes.
Tier 1 Entrepreneurs
You can apply for an entrepreneur visa from both within the UK by switching from your current visa immigration category or from overseas. You must demonstrate that you will either set up or take over a business in the UK. You must have access to GBP 200,000 cash funds which must be held in a regulated financial institution, under your control and be disposable in the UK among other criteria. It is also possible for a third party donor to provide you with the funds, provided select criteria are satisfied.
Alternatively, an entrepreneur can rely on GBP 50,000 cash funds in limited circumstances – if you are sponsored by a UK entrepreneurial seed funding competition, a venture capital firm registered with the Financial Conduct Authority (FCA) or a government department.
A Visa can be extended if you can show that you have invested your funds, registered as self-employed with HMRC or as a director of a UK company and are actively involved in the business in question at the time of application. Furthermore, you must demonstrate that you have created employment for a minimum of 1 year equivalent to two positions for settled persons.
Indefinite Leave to Remain
You can also apply for accelerated settlement or Indefinite Leave to Remain (ILR) after 3 years in a number of cases. For example, if you have created 10 new full-time jobs or established a new business with an income of GBP 5 million during your initial 3-year leave. Another instance would be if you have taken over/invested in an existing UK business and your services or investment has yielded a net increase of GBP 5 million during your initial 3-year leave.
Oracle provides a fully comprehensive service for entrepreneurs when applying for your Business Visa UK. We provide a complimentary initial assessment of your eligibility with in-depth advice on the merits of your case. This includes the viability of your business plan, optimal supporting evidence, document review, compliance management and how to meet the job creation requirement.
Tier 1 Investors
If you have access to GBP 2 million and are able to invest the funds in the UK, you can apply for an investor visa from either within or outside the UK. The funds must be held in one or more regulated financial institutions, be disposable in the UK and the funds must be in the UK when you apply.
Accelerated settlement can also be applied for under this route, provided you invest the funds within a specified period. Unlike the Tier 2 worker and Tier 1 entrepreneur routes, there is no requirement to demonstrate English language competency and show maintenance funds.
It is possible to extend an investor visa after 3 years provided you have invested a minimum of GBP 2 million in the UK in government bonds, share capital or loan capital in active UK companies.
You can apply for accelerated settlement and qualify for ILR if you have invested a minimum of GBP 5 or 10 million within a 2 or 3 year period during your initial leave.
At Oracle, we provide a complimentary initial assessment, detailed advice on permissible investments, the composition of portfolio reports, optimal supporting evidence and how to remain within the various rules which govern this route.
Tier 2 Workers
You can apply for worker status under this route if you have an offer of employment from a licensed UK employer and have been assigned a Certificate of Sponsorship (COS). Your job must match a designated standard occupational classification code (‘SOC’) and your salary must correspond with the ‘appropriate rate’ for your particular SOC code in order for you to qualify.
You may already have worker status and wish to extend your visa.
A Tier 2 General Visa can be applied for either from within the UK by switching from your current immigration visa category where appropriate (‘in country’) or outside the UK (‘out of country’) provided you are able to score the requisite number of points. The dependent of a Tier 4 student visa holder who wishes to switch to Tier 2 General is, however, treated as if their application is made out of country.
An out of country application is more complex because your employer must prove that it is not possible to fill the vacancy from within the UK through the conduction of a specified advertising process – the Resident Labour Market Test (‘RLMT’).
You can also be granted a worker visa if you are the employee of a multinational business. To do this you must demonstrate a 12 or 3 month engagement period with your overseas employer prior to the submission of your application for a Tier 2 ICT or ‘intracompany transfer’ visa as either a Long Term member of staff to obtain leave for over 12 months or under the Graduate Trainee subcategory if you wish to take up training in the UK for a maximum 12 month period.
At Oracle, we have a wealth of experience within the corporate immigration route and provide a value for money service to both workers and employers.
We offer a complimentary initial assessment of your eligibility, COS drafting and review, assistance with the highly prescriptive RLMT for employers, compliance management and general sponsorship management system (SMS) administration. This is the Home Office interface which all employers must use to log migrant activity and liaise with the Home Office.
Tier 2: Sponsor Licences
We also assist employers with the cumbersome sponsor licence application process. By doing so we are allowing you to acquire a sponsor licence without any complications, recruit foreign nationals to meet your business’s needs and generally go about your business without any immigration glitches.
Our UK Business Visa lawyers provide guidance on how to meet the complex business specific documentary requirement and detailed document review. Our team also liaise with the Home Office where necessary and provide a comprehensive cover letter, particularly beneficial if your application features any unique or discrepant elements.
Contact our UK Business Visa lawyers today for expert advice & assistance with applications:
London: 020 3051 5060
Belfast: 028 9002 2371
If you wish to request a callback, please fill out the enquiry form below and we will contact you as soon as possible.