Guidance - Setting up in business (INF 10)
Last updated 16 July 2008
This
guidance explains what you will need to do if you want to come to the United Kingdom (UK) to set up in business or under the
European Community Association Agreements, and what the Immigration
Rules say. It is only a guide but it aims to answer some common questions.
Do you travel to the UK frequently, either on business or
for leisure or family purposes? You may be able to benefit from a long-term
premium visa.
What is a business?
What do I need to set
up in business in the UK?
Can I apply under the European Community Association Agreement (ECAA)?
How do I qualify as a member of the legal profession?
Can my dependants join me in the UK?
Do I need a visa?
What is a visa?
What are visa application centres?
What is 'biometric'
information?
What will happen when I make my application?
What are public funds?
What is a business?
Under the Immigration Rules, a 'business' is:
You must get a visa to set
up in business in the UK.
What do I need to set up in business in the UK?
To qualify, you must be able to show evidence for 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 held 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 dependants, and live without needing 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 involved full-time in trading or
providing services on your own account or in partnership, or in promoting and 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 dependants, and
live without 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 join or
take over the business
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 settled in the UK.
The above conditions apply to self-employed doctors and dentists.
Can I apply under the European Community Association Agreement (ECAA)?
As well as the general rules about setting up in business listed above,
nationals of Bulgaria and Romania can apply for a visa to set themselves up in business under the special provisions of the
European Community Association Agreements (ECAA). If you qualify for this type of visa, you do not need a work permit.
To qualify for this type of visa, you must:
put into the business money that is under your control and
that is enough to set yourself up in business
have enough extra funds to support yourself and any dependants, and live without any help from public funds or taking
employment (other than work for the business) until you earn income from the business
receive a share of the business’s profits, which will be enough to support
yourself and any dependants, and live without needing any help from public funds or taking employment (other than in the business),
and
not intend to take or look
for any other employment in the UK (other than your work for the business).
If you are setting yourself up in a new business or taking over an existing company,
you must provide evidence that:
you
are a national of either Bulgaria or Romania
you will have a controlling interest in the company
you will be actively involved in promoting and managing the company
the company will be registered in the UK and be trading or providing services in
the UK
the company will own the
assets of the business, and
you
are taking over or joining an existing business, and providing audited accounts for the past three years.
If you are setting yourself up in self-employment or as a
partner in an existing business, you must provide evidence that:
you are a national of either Bulgaria or Romania
you will be actively involved in trading or providing services on your own account or in partnership in the UK
you alone, or together with partners, will own the assets
of the business
where you are
a partner in a business, your part in the business will not amount to disguised employment (see above), and
you are taking over or joining an existing company and providing
audited accounts from previous years.
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 are 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 setting 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
funds to meet a share of the cost of renting chambers and paying staff 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 appropriate law society (England and Wales, Scotland and 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
guidance.
Can my dependants join me in the UK?
Your husband, wife, civil partner or eligible partner and children under 18 can join you
as your dependants 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 travelling to the UK. If you arrive 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 by an Entry Clearance
Officer at a British mission overseas. The visa gives you permission to enter the UK.
If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed,
or you gave false information or did not tell us 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.
What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs
are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each
VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this
leaflet) along with the relevant fees, and provide unbiased, face-to-face advice on the application process, including whether
or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your
application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are
required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.
You will have to go to your nearest visa application centre
in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to
the British mission.
Your visa application will
not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do
not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure
should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna),
or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have
any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs
must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural
or religious reasons but the face must not be covered).
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 this 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
if 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 you must be able to support yourself and live
without claiming certain benefits. A full list of public funds is available on the UK Border Agency website.
You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
