We are receiving a lot of enquires from non-UK residents, who are asking us questions about UK visas and work permits. Many of them think that if they own a UK company, they will automatically receive a UK visa and work permit.
Many foreign nationals are interested in living and working in the UK. They may be interested in straightforward employment opportunities in the UK or they may wish to act as self-employed consultants or even to start a company and establish their own UK business. Clearly, opportunities exist at many levels across the whole range of employment and/or self-employment situations.
One of the most popular forms of immigration to the UK is the Highly Skilled Migrant Programme (HSMP UK). This allows you to enter the UK before finding a job and means that you do not need a UK employer to sponsor your work permit. Holders of the HSMP visa are entitled to work in the UK for any employer; in this respect the HSMP visa is more flexible than an employer sponsored UK work permit which only entitles the holder to work for the employer who sponsors the application.
We have designed a UK HSMP Points Calculator which will ask a few basic questions and let you know how many points you might score. If you would like a free assessment for HSMP by one of our UK immigration specialists then simply upload your CV during this process. We will let you know if you qualify for the Highly Skilled Migrant Program and then help you make a successful application.
Fee Schedule for UK Immigration Visas: 1. Highly Skilled Migrant Programme Application - £1,315 2. EC Association Agreement Application - £1,000 3. Sole Representative Visa- £1,000 4. Business Status - (a capital investment of £200,000 to your own business is required) - £1,500 5. Investors Visa - (passive investment of £750,000) - £1,000 6. Innovator Visa - £1,000 7. Advice Pertaining to UK Immigration £180.00 - 250.00/hr
What are Your Plans? You may be a non-EU foreign national who wishes to live and work in the UK or you may wish to bring others who are non-EU foreign nationals to work in the UK. Those who wish to work in the UK may apply to do so under a variety of immigration categories. These include the following:
It should be noted that are other options related to work or employment in the UK that are not listed on this page. You may be a non-EU foreign national who wishes to live and work in the UK or you may wish to bring others who are non-EU foreign nationals to work in the UK.
Obtaining a Work Permit to Take Employment in the UK: If a person wishes to take a job with a UK based employer, they will require a work permit even if it is for a very short period. There are certain minimum requirements in terms of training or educational level and work experience. Conventional work permits will not be approved for unskilled jobs. It is also usually necessary for the employer to fulfil the recruitment procedure requirements by advertising the position appropriately in order to assess whether there is a suitable applicant who is a resident worker and who does not therefore require a work permit. Information regarding the employer, the job and the non-EU foreign candidate in question has to be provided to the relevant Home Office department, Work Permits (UK).
Who Requires a Work Permit? The following people do not need work permits:
(a) European Economic Area (EEA) nationals. (b) Citizens of Switzerland. (c) British Overseas Territories Citizens except those from Sovereign Base Areas in Cyprus. (Those included are Anguila, Bermuda, British Antarctic Territory, British Virgin Islands, British Indian Ocean Islands, Cayman Islands, Falkland Islands and dependencies, Gibraltar, Montserrat, Pitcairn Islands, St. Helena and Dependencies and Turks and Caicos Islands). (d) Commonwealth citizens who were allowed to enter or to remain in the UK on the basis that a grandparent was born here. (e) Spouses or civil partners, unmarried or same sex partners and dependant children under 18, of people who hold work permits, or who qualify under any of the above categories or those listed below as long as the endorsement in their passport places no restriction on their employment here. (f) Those who do not have any conditions attached to their stay in the UK.
Any non-EEA national seeking entry or permission to remain in the UK for the purpose of employment will normally require a work permit. There are, however a number of exceptions to this. Under the Immigration Rules a non-EEA national seeking entry for the purposes of employment does not require a work permit if they qualify under one of the following immigration categories and they have obtained prior entry clearance at a British Diplomatic Post abroad, where necessary:
(a) Those coming to the UK to set up a new business or to take over or join an existing business as a partner or director, or as a sole trader. (b) Those receiving training in techniques and work practices used in the UK, providing that the training is confined to observation, familiarisation and classroom instruction only. (c) Ministers of religion, missionaries, visiting religious workers, religious workers in a non pastoral role and members of religious orders. (d) Representatives of overseas newspapers, news agencies and broadcasting organisations. (e) Private servants in diplomatic households. (f) Representatives of overseas firms who are seeking to establish a UK branch or subsidiary. (g) Teachers and language assistants under approved exchange schemes. (h) Employees of an overseas Government coming to do a job for their Government or international organisation of which the UK is a member. (i) Seamen under contract to join a ship due to leave British waters on an international voyage. (j) Senior operational ground staff of overseas-owned airlines based at international airports. (k) Seasonal workers at agricultural camps under approved schemes. (l) Doctors and dentists who are a graduate from a UK recognised medical or dental school and who are going on to undertake a 2 year Foundation Programme. (m) Entertainers and sportspeople participating in benefit matches and charity events for which there is no fee, or in international competitions. (n) Entertainers and sportspeople attending trials and auditions which do not involve a performance to a fee-paying audience. (Paid rehearsals do require a work permit). (o) Entertainers participating at certain festivals. (p) Working Holidaymakers undertaking employment as an integral part of their holiday. (q) Those coming to the UK under the Highly Skilled Migrant Programme. (r) Innovators. (s) Investors. (t) Au Pairs. (u) Domestic Workers. (v) Writers, Composers and Artists.
Summery of Criteria: Decisions on a work permit applications are made against the following general criteria, whether:
a) There is a UK-based employer (the employee cannot use the work permit to take a different job or to work for a different employer). b) The individual is to be an employee of the UK employer; the contract of employment may be requested by Work Permits (UK). If the person is being transferred from an overseas parent or subsidiary branch of your company or is being seconded to you from an overseas company, it may be appropriate for the overseas contract of employment to continue but it should nevertheless be clear that there is an employer/employee relationship between the UK-based company and the person. c) There is a genuine vacancy for an employee in this country; the post must not have been created for the purpose of recruiting a particular person. UK Home Office must also be satisfied that enough work exists for the person to undertake for the amount of hours and period that you have requested. d) The employer is responsible for the post; e) The pay and conditions of employment are equal or exceed those normally given to a resident worker doing similar work; f) The employment complies with UK legislation and any requirements for registration or licensing necessary for the employment; g) The skills, qualifications and experience needed to do the job meet specific requirements; h) The person is suitably qualified or experienced to do the job on offer and whether there is a need for them to do the job on offer; i) Suitable arrangements have been made to provide accommodation to the work permit holder; j) The potential employee is outside the UK throughout the application process, or is already in the UK as the holder of an SBS permit; k) The potential employee is between the ages of 18 and 30; l) Where the potential employee has previously held an SBS permit and whether they will have completed a period of two months outside the UK, before they re-enter as an SBS permit holder; m) The post on offer is within one of the sectors covered by the SBS arrangements; n) The post on offer matches one of the posts covered by the SBS arrangements; o) The potential employee is going to be working full-time; p) There are suitably qualified or experienced ‘resident workers’ available; and q) Where the individual will be working at a client’s address, whether the organisation submitting the application is providing a service and not just personnel. UK Home Office may need to see a contract.
Business and Commercial: The Business and Commercial arrangements allow employers in this country to recruit people from outside the EEA who are going to be filling a vacancy that may otherwise be filled by a 'resident worker'. To qualify for a Business and Commercial work permit the job must meet the following criteria:
EITHER - the job must require the following qualifications:
a) A UK equivalent degree level qualification; or b) A Higher National Diploma (HND) level qualification which is relevant to the post on offer; or c) A HND level qualification, which is not relevant to the post on offer plus one year of relevant full time work experience at National/Scottish Vocational Qualification (N/SVQ) level 3 or above;
OR the job must require the following skills:
d) 3 years full time experience of using specialist skills acquired through doing the type of job for which the permit is sought.
Skill of the Worker: 1. The person should have the skills, qualifications and experience to enable them to do the job on offer. In addition, the qualifications and skills of the person should be in line with the criteria outlined above.
2. If the job on offer does not require specific qualifications, the person should be required to have at least three years experience of doing the job, at N/SVQ level 3 or above.
3. UK Home Office does not take into account experience gained through working illegally in the UK.
4. For certain professions where the person has to be registered with a UK professional organisation, for example, Nursing and Midwifery Council (NMC), General Dental Council (GDC) or Royal College of Veterinary Surgeons (RCVS), UK Home Office can accept the person's registration number instead of statements from previous employers.
Making Application Through a Representative: If you choose to make an application through a representative, such as a solicitor or other agent, UK Home Office will correspond with them directly and send our decision on the application to them provided they are permitted to give Immigration advice. Whether you choose to use a representative will not affect how quickly UK Home Office consider your application. Work Permits (UK) reserves the right to contact the employer directly to verify details.
Highly Skilled Persons: Non-EU foreign nationals who are particularly highly skilled in their field, in terms of academic qualifications, work experience, earnings and achievement may be eligible to apply under the Highly Skilled Migrant Programme (HSMP). The successful applicant may enter the UK to seek and take work in his or her particular field of expertise. It is not necessary to have employment in place before entering the UK under this immigration category. This is an extremely flexible immigration status in terms of work, as successful applicants may take whatever employment or self-employment they wish, as long as it is within their field.
The Highly Skilled Migrant Programme (HSMP) allows highly skilled individuals from outside the EEA to migrate to the UK. The Programme was launched on 28 January 2002. The revised Programme and the new Young Persons Assessment were introduced on 31 October 2003.
IMPORTANT NOTE: On the 7th of November 2006, the Government announced significant changes to the Highly Skilled Migrant Programme (HSMP). The first change is in relation to the number of points required to qualify under the HSMP: applicants now need 75 points to qualify. The HSMP is currently the only points-based immigration route into the UK. Applicants will be judged against new criteria designed to better determine the likelihood of a migrant's labour market success in an effort to attract only the most highly skilled migrants to the UK, and to help the Government meet its strategic objective to boost the UK economy.
The following changes to the HSMP have been made: Applicants now need a minimum of 75 points to qualify; Points will be awarded under the following categories: level of education, past earnings, age, work experience in the UK; Extra points can be claimed for the age of the applicant; Points can be claimed for UK work experience if past earnings were received from UK sources or a degree was obtained in the UK; Where other requirements are met, applicants with an MBA from an institute deemed eligible by the Home Office can claim 75 points; Applicants for whom English is a second language must achieve a level of at least band 6 in an IELTS exam.
Other important changes to the HSMP are as follows: Points for previous work experience are no longer awarded; Points for the qualifications of a partner are no longer awarded; Points for achievement in your chosen field are no longer awarded.
To summarise, an applicant will need at least 75 points, and will need to meet the English language requirement in order to qualify as a highly skilled migrant. Applicants who have an MBA from an institution recognised by the Home Office will automatically be awarded 75 points.
The current process involves two stages:
(i) Stage 1: an application to be considered under the Highly Skilled Migrant Programme (an HSMP application). If that application is approved, it does not confer permission to come to the UK or remain if already here;
(ii) Stage 2: if your HSMP application is approved, you must make a separate application to come to the UK if you are at present abroad or for further leave to remain as a Highly Skilled Migrant if you are already here in another category.
All applications for the HSMP, irrespective of the age of the applicant, will need to complete a general application form. There are no longer separate forms for applicants under 28 years old and over 28 years old.
There are no longer different criteria for the past earnings of the applicant depending on their age. However, the new rules allow for additional points to be awarded to applicants depending on their age. There are three age groups which are eligible for additional points, they are: under 29 years of age, 30 to 31 years of age, and 32 to 33 years of age. Applicants under 29 years of age are eligible for the most additional points, while the other age groups are eligible for a decreasing amount of additional points. Applicants who are 34 years of age or older are not entitled to any additional points.
The HSMP Application Process: A points based system of qualification is used to assess applications. You can score points in three areas. The HSMP application form allows you to self assess your score on this aspect of the application. A caseworker considering your application will only consider awarding points where appropriate evidence has been supplied.
To make a successful application, you will need to provide evidence that you score 75 points or more and be able to demonstrate that you can pursue a career or work lawfully in the United Kingdom. Please note that you do not have to score points in all categories to qualify under the programme. You May Use This Form To Calculate Your Score:UK HSMP Points Calculator.
Supporting Evidence and Documentation: Please be selective in the evidence you submit, as submitting large amounts of irrelevant or poor quality documentation may delay the consideration of your case.
Any documentary evidence you provide should be original. If all supporting evidence supplied consists of copies it is unlikely that the application will be approved, as UK Home Office needs to see the original documents. Where a document is not in English the original must be accompanied by a fully certified translation by an officially recognised translator. An officially recognised translator is defined as one that is recognised by the local British High Commission or Embassy.
The amount and type of evidence required to support your application will depend on your personal background, previous experience and your future plans. It is important that you submit full documentary evidence to support any statements you make on the form if you wish us to count the points claimed. Please ensure that you only supply evidence relevant to the scoring areas. For example, if you have been awarded a degree, you will need to provide your degree certificate.
Evidence should be from a clear source and relevant to your application. Please do not submit evidence that is not directly appropriate to the scoring areas of the application form, as unrelated evidence cannot be considered. For example, UK Home Office cannot award points for any qualification gained at school or college, so it is unnecessary to submit this evidence.
HSMP Verifying Applications: The HSMP team may contact employers or the relevant High Commission or Embassy in order to verify any of the documentation provided as part of your application. The purpose of such checks is to verify that the information provided is a full and accurate description of the statements made in the application. Where there is doubt concerning any of the documents provided, UK Home Office might be unable to consider that document as supporting evidence.
Why do you need more than one form of evidence for salary and achievement? UK Home Office asks for more than one piece of evidence in these scoring areas because it is important that UK Home Office can clearly establish your salary and the level of achievement you have attained in your field. Having different forms of evidence helps HSMP team to do this quickly and efficiently. UK Home Office understands that in some cases applicants will not find it easy to provide more than one form of evidence. UK Home Office would urge you to think carefully about what else may help you to establish your case - for example, if you submit income tax returns and 12 months wage slips and these two pieces of evidence confirm the same amount earned they can be submitted as proof of earnings. In terms of achievement, testimonials from independent academics, or from senior individuals in your field would complement other forms of evidence.
Other Evidence Required: In addition to scoring at least 75 points in any of the three areas you will need to demonstrate:
a) Your ability to continue to work in your chosen field in the United Kingdom. Even if you have the relevant overseas qualifications, you may not be able to pursue a profession in the UK for a number of reasons. For example, UK legislation or industry regulations may require specific qualifications to work in your chosen field (e.g. doctors). Alternatively, you may need language skills at a specific level or be appropriately registered with a UK governing body. To make an accurate assessment of your ability to contribute to and benefit from coming to the UK, Home Office needs to be confident that you will be able to continue to do the type of work that you do in your home country.
Suitable evidence for demonstrating that you will be able to continue your work successfully in the United Kingdom could include:
English Language qualifications (This can include other qualifications such as a degree, that has been taught in English). Membership of appropriate professional organisation (e.g. Association of Chartered Certified Accountants). Relevant professional qualifications, with evidence of recognition of these in the United Kingdom. Potential employment offers/contracts/arranged interviews.
b) That you are willing and able to make the United Kingdom your main home. UK Home Office will ask you to provide a written undertaking to that effect. You will be expected to make the UK your country of habitual residence. Secondments abroad that are an integral part of a job based in the UK are permitted by Work Permits (UK), however they will be considered as time outside of the UK for settlement eligibility purposes. To qualify for settlement in the UK you must have spent a continuous period of five years in the UK except for short holidays or business trips. Any secondment that requires you to be outside the UK for an unbroken period of over three months will make your previous stay in the UK ineligible as a continuous period in the UK.
Educational Background: In this category, you can score the following according to the educational qualifications you hold:
Graduate Degree (e.g. BA or BSc) - 30 points. Master's (e.g. MBA) - 35 points. PhD - 50 points.
You will gain points based on degree level qualification, or vocational and professional level qualifications. Unfortunately, there are no extra points for a 4 year Bachelors degree rather than a three year degree, or for having more than one degree at any given level (eg BSc and Beng, or MSc and MBA). Qualifications have to be to the recognised British standard of Bachelors, Masters or PhD (as validated by the National Academic Recognition Information Centre (NARIC) current database) to be awarded the respective points for each level of qualification.
Vocational and professional qualifications can also score points in this area if satisfactory independent evidence is produced to show that the qualification is equivalent to an applicable level British academic qualification. This will be validated, where possible, by reference to the NARIC current database. It is the responsibility of the applicant to demonstrate that the qualification equates to a UK academic qualification. However, NARIC are not always able to verify professional qualifications, so if you already have evidence from NARIC that the qualification equates to an appropriate British level academic qualification please submit it with your application. Points will only be scored where evidence is provided that the individual has been awarded the relevant academic or professional qualification from an accredited institution. You May Use This Form To Calculate Your Score:UK HSMP Points Calculator.
Work Experience: This section was removed from the new application form for the HSMP. Applicants will no longer be awarded additional points for previous work experience.
Past Earnings: The past earnings requirements are broadly equivalent to the top ten percent earnings of all full time workers in this age group.
An applicant can claim points depending on their previous earnings. Points in this category can be claimed depending on the income of the applicant in any 12 month period within the last 15 months before the application is made. If the applicant has been unable to earn any income in the last 15 months because they were engaged in full-time study, the Home Office will consider the applicant's earnings for any 12 month period within the 15 months immediately prior to the applicant becoming a full-time student. In order to reflect differences in income levels across the world, the level required to qualify varies depending on where the applicant was employed.
Applicants can claim from 5 to 45 points for their past earnings depending on the level of their salary and the location of employment. If an applicant has lived and worked in more than one country during the past 15 months, the Home Office will normally consider the applicant’s income over a 12 month period against the country where they have spent the longest period of time.
Please ensure that you provide contact details of each previous employer. This should include the name, address, telephone number, fax number, and email address of each employer, and a named contact person who can confirm the information that you provide.
It should be noted that the points awarded will depend on the salary level in a particular country; earnings that have not been declared to the appropriate authorities will not be accepted when assessing points in this category.
Applicants should provide two forms of evidence for this section. Of the above types of evidence, the most suitable to demonstrate earnings are usually tax documents and pay slips. The other types of evidence can be considered, but the UK Home Office may need further information for clarification, which will delay the consideration of your application.
If you work in a country that does not have a tax system then you should provide further information to prove your earned income. You should provide wage slips and bank statements as evidence. If you are exempt from paying tax, you should provide evidence of this from the appropriate authorities.
It is important to note that not all income will be considered. Unearned income such as dividends from investments (unless it is in a company in which you are active in day-to-day management), property rental income, and interest on savings or funds received through an inheritance are not used when calculating your income. UK Home Office will not be able to consider any allowances paid to you that are not declared on your pay slips. If the company you work for pay part of you, income in dividends then you should provide evidence that this has been declared as earnings. This should be in the form of either personal tax returns or the corporate tax voucher from the company.
If you have lived in more than one country during the past twelve months, UK Home Office will normally assess your income against the country where you have spent the longest period, on a pro-rata basis. You need to submit two forms of evidence for consideration.
If you have been seconded overseas during the last 12 months from your normal base of employment, your past earnings will be considered against the income level of the country where the position is normally held. In order for us to establish which country code to consider your earnings against you will need to provide evidence of where you have been working and where your salary has been paid.
If you are living and working in a country but having you income paid into a bank account in another country your income will be considered against the country code where you are living and working.
Examples of the types of evidence UK Home Office will require in order to award you points for your earnings include:
12 months wage slips - if your wage slips are not printed on company headed paper, they must be stamped and signed by your employer. Wage slips not printed on headed paper or endorsed by the employer will not be accepted as evidence of past earnings Income Tax return. Letter from Accountants. Letter from employer detailing salary. Earnings from shares - if paid as part of your salary package (the shares must be in the company you are working for).
Examples of the types of evidence UK Home office requires from applicants who are self-employed include:
Individual tax return or tax compliance letter from your local tax office. Corporate tax returns - if part of your earnings are dividends. Company audited accounts. Shares - if they are for the company you are running. You May Use This Form To Calculate Your Score:UK HSMP Points Calculator.
Partners' Achievements: This section was removed from the new application form for the HSMP. Applicants will no longer be awarded additional points for the achievements of their partner.
English Language Ability: To qualify under the HSMP, an applicant will either need to hold a bachelors degree (not a masters degree or PhD) which was taught in English, or will need to have achieved at least band 6 in an IELTS exam no longer than two years previous to the application being made.
UK Experience: An applicant will be awarded an additional five points under any of the following circumstances:
if the past earnings of the applicant were from employment in the UK; if the applicant has been awarded a bachelor degree or higher qualification from an institution in the UK or from a UK institution based overseas through full-time study which lasted at least one academic year.
Other Requirements: Applicants may be required to demonstrate that they will be able to continue to work in their chosen field in the UK. You will need to show relevant qualifications and professional membership to work in certain occupations in the UK. You can support yourself without recourse to public funds - this can be demonstrated on the basis of either savings or earning potential. You intend to make the UK your main home. You have either never been made bankrupt or are considered to be a discharged bankrupt. You have never been convicted of any criminal offences. You May Use This Form To Calculate Your Score:UK HSMP Points Calculator.
Questions? If you have any questions please E-Mail or call us: 0800 081 1510 or +44 (0) 207 637 3881, fax: +44 20 7681 3318.
The Master in Business Administration Provisions: The MBA provision, launched on the 12 April 2005, is a provision within the Highly Skilled Migrant Programme (HSMP). It will enable the more highly qualified and talented managers to come to the UK. To meet the requirements of the MBA provision, and qualify for HSMP approval, you must:
Have graduated from an eligible MBA programme at the time the MBA is on the list of eligible programmes. The first list was published on the 2 December 2004, so the earliest eligible graduation date will be 2 December 2004. The date of graduation will be taken as the date on the graduation certificate.
Provide evidence that clearly demonstrates you have graduated from an eligible MBA programme. The MBA course must have been completed. You cannot apply for this provision whilst part way through their MBA programme.
If you have provided sufficient evidence of your MBA qualification, the MBA was awarded at an eligible institution and the HSMP team is satisfied that you meet the requirements of the scheme, you will automatically be awarded 75 points, which is the minimum number of points required to meet the HSMP criteria.
You should provide an original genuine MBA certificate issued by an eligible institute. If you have only recently completed the MBA and the certificate has yet to be issued, you can provide an original academic reference, from your personal tutor, (on the institute’s letter headed paper) confirming the details of your qualification. It should clearly demonstrate that an eligible MBA has been successfully completed and you are awaiting the graduation ceremony. If you are sending an academic reference as supporting evidence then the date of the letter will be the date considered as the graduation date. No other form of evidence is acceptable for the MBA Provision.
What if I have graduated on an MBA programme from an institute not on the list? If you have graduated on an MBA programme but the institute is not on the list of eligible institutes at the time of graduation you will not be entitled to apply under the MBA provision. If you still wish to apply under HSMP then you should complete the standard sections of the HSMP application form. Questions? If you have any questions please E-Mail or call us: 0800 081 1510 or +44 (0) 207 637 3881, fax: +44 20 7681 3318.
Persons Wishing to Start a Business: This visa category is for people wishing to come to the UK to start a business. You may start any type of business, but you must work full time in the management of the business. Non-EU foreign nationals wishing to start a business (sole trader, partnership or registered company) in the UK may apply to do so provided that they fulfil certain requirements. These include: making an investment in the business of at least £200,000; the creation of full time employment for at least two persons in the UK who do not require work permits; demonstration of a genuine need for that investment and service in the UK; plus a variety of other requirements.
If the investment is considerably greater than the minimum £200,000 the Home Office is likely to be less stringent with the other requirements of the rules and the application may be processed more quickly.
What Entry Categories Fall Under the Business Case Units (BUS): The Business Case Unit deal with self employed persons in the following categories:
Business Person - a person intending to establish a business in which they will invest £200,000. Investor - a person intending to invest no less than £1 million into the UK. Innovator - a person with entrepreneurial flair who intends to establish a business. Sole representative - a representative of an overseas company who wishes to establish a branch or subsidiary. Retired person of independent means - a person over 60 who has an income of £25,000 per annum. Lawyers concession - for self-employed solicitors, barristers or consultants in overseas law.
The money to be invested in the UK should be your own and not from any other source (e.g. bank loans). It can be held in the form of cash and share capital and the investment should give you an equal or controlling interest in the business.
Who can apply on this form? You and a spouse or unmarried partner and/or any children under 18 if they are applying as your dependants. When to apply? You must apply before the end of your authorized stay in the United Kingdom. If you are applying for indefinite leave to remain in any of the categories, you have to complete 4 years in the category in order to qualify. Please do not apply more than 28 days before completing the qualifying period. If you apply earlier than that, your application is likely to be refused.
The application should be accompanied by:
Passports; Visa fee; 2 passport photos for each applicant.
Business plan which should include:
Evidence of the funds to be invested; The object of the business; A detailed description of employment created.
A projected balance sheet, including:
The financial outlay; Any loan to the company; Assets; Stock; Profit and loss projection.
Coddan is able to help you with all areas of the application – including, if necessary, the business plan. Questions? If you have any questions please E-Mail or call us: 0800 081 1510 or +44 (0) 207 637 3881, fax: +44 20 7681 3318.
Important Notice: Form BUS - Change in the Immigration Rules: On 3 April 2006, as a result of a change in the Immigration Rules, the qualifying period for indefinite leave to remain in the categories listed below will increase from 4 to 5 years.
Business person; Sole representative; Retired person of independent means; Investor; Innovator.
If you apply for indefinite leave to remain in any of these categories on or after 3 April, your application will be decided under the new rules. To qualify for indefinite leave to remain, you will have to show that you have already completed 5 years’ continuous leave to enter or remain in the UK in the category concerned, or are within 28 days of doing so. If you cannot do that and your existing leave to enter/remain will not cover the full five-year period, you will need to apply for an extension of stay in the relevant category before your leave runs out.
Transitional Arrangements: For a limited period, anyone who applies for indefinite leave to remain in these categories on or after 3 April 2006 having only completed 4 years’ continuous leave will be invited to change their application to one for an extension of stay rather than having their application refused. This will not result in any additional fee.
Sole Representatives: It is possible to apply to enter the UK as the sole representative of a business outside of the UK provided that the requirements can be met. These include: the overseas firm must have no branch, subsidiary or other representation in the UK; the applicant must enter as a senior employee of the firm with operational authority; he or she must not be a major shareholder in the overseas firm; plus a variety of other requirements.
You must be a genuine existing enterprise. If you have been established for less than a year you are unlikely to be considered suitable sponsors under this category. The sending of a Sole Representative to the UK must be for your benefit, and not for the immigration convenience of the candidate, so the budget allocated to the UK expansion should not be unrealistic in the context of your size, trading activities or profitability. In general, the commercial logic of the proposed expansion into the UK will be called into question if you are a small concern and the new UK presence will represent a diversification into an area in which you have no existing overseas involvement. Once you have sent the representative to the UK, the majority of your business should continue to be overseas. If it appears that the sending of the representative to the UK will result in a general move of your operations so that they are based/headquartered in the UK, the application will not be approved.
The candidate should be a senior employee recruited outside the United Kingdom. In most cases, he or she will have been employed by you overseas for a significant period of time and be fully familiar with your business and procedures. This may not be the case when the individual has been recruited specifically to fulfil the role but in these circumstances, the applicant will need to demonstrate a background appropriate to the role. If you are a family concern, the attempt to use a Sole Representative visa to send a junior member of the family to the United Kingdom will attract particularly rigorous scrutiny and will generally not succeed where they are unsuitably qualified or experienced
The Sole Representative visa is not designed for owner-managers or entrepreneurs. The rules prohibit the candidate from owing a majority or a controlling interest in either the Overseas firm, or the proposed new UK entity. In practice the maximum permissible shareholding is not 49% but 30-35%. A Sole Representative will generally be given an initial visa for 12 months, once in the UK they will usually be entitled to healthcare from the UK’s National Health Service. The candidate will therefore hav
Home
UK Visas and Work Permits
Applicants now need a minimum of 75 points to qualify;
