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There are a variety of different business applications that can be made under the Immigration Rules. These cannot all be covered in detail in these advice pages, but a flavour of the types of applications is provided.
We recommend that specialist commercial immigration advice is sought if a person wished to apply for entry clearance as a businessperson, particularly if they are already in the United Kingdom and want to switch their status to that of a business or self-employed person. It is also important to check that the Immigration Rules have not changed since this webpage was updated.
For all business applicants under the general rules, prior entry clearance is required, although in exceptional circumstances the Home Office has been known to waive this and allow people already lawfully in the UK to switch to business visas.
Firstly, a business is defined as one of the following:
- a sole trader
- a partnership
- a company registered in the United Kingdom
The categories of business application are as follows:
- Set up a new business or take over an existing business. The requirements are that you must:
- have at least £200,000 to invest in the business, which is your own money, under your control and disposable in the United Kingdom, (or being brought in, in the case of a new business);
- have sufficient additional funds to be maintained and accommodated without recourse to public funds until your business starts to provide an income;
- be actively involved full-time in the business;
- maintain a level of financial investment in the business proportional to your interests in the business;
- have an equal or controlling interest in the business and any partnership or directorship must not amount to a disguised form of employment;
- be able to bear your share of liabilities;
- demonstrate a genuine need for your investment and services in the United Kingdom;
- demonstrate that your share of the profits will be sufficient to meet the maintenance and accommodation requirements of the rules;
- not intend to supplement your business activities by taking or seeking employment in the United Kingdom other than work for your business.
- the new business, or in the case of an investment in an existing business, the investment by the businessperson, should create at least two new full-time jobs, for people already settled in the United Kingdom.
- Foreign lawyers. You do not have to invest £200,000 or show you will create 2 new jobs for people settled here. There are additional regulatory requirements you have to satisfy however.
- Association Agreements. For EEA nationals, applications can been made under EC Association Agreements rather than the general business rules.
- Innovators. See the details of the Home Office innovators scheme on the Work Permits UK website.
- Investors. You must meet the following requirements:
- have money of your own under your control and disposable in the United Kingdom amounting to no less than £1 million
- intend to invest not less than £750,000 of your capital in the United Kingdom by way of United Kingdom Government bonds, share capital or loan capital in active and trading United Kingdom registered companies
- intend to make the United Kingdom your main home
- be able to maintain and accommodate yourself and any dependants without taking employment (other than self employment or business) or recourse to public funds
- Sole Representatives. You must meet the following requirements:
- have been recruited and taken on as an employee outside the United Kingdom as a representative of a firm which has its headquarters and principal place of business outside the United Kingdom and which has no branch, subsidiary or other representative in the United Kingdom
- seek entry to the United Kingdom as a senior employee with full authority to take operational decisions on behalf of the overseas firm for the purpose of representing it in the United Kingdom by establishing and operating a registered branch or wholly owned subsidiary of that overseas firm
- intend to be employed full time as a representative of that overseas firm
- not be a majority shareholder in that overseas firm
- not intend to take employment otherwise than in accordance with these requirements
- maintain and accommodate himself and any dependants adequately without recourse to public funds funds
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