The Tier 1 Entrepreneur visa is perfect for businesspersons who would like to establish or take over a business in the UK or to invest into an existing UK business. In order for your application to be successful, you must satisfy certain requirements, different criteria may apply depending on whether you have access to investment funds of £50,000 or £200,000. Applicants can generally invest in most types of businesses but there are specific criteria set out by the UK Home Office that must be strictly adhered to.Legal advice on Entrepreneur visa applications | LEXVISA London Immigration Solicitors
UK Tier 1 Entrepreneur Visa: Appropriate Investments
The full guidance on Tier 1 Entrepreneur applications should always be consulted. In summary, the investments which are currently acceptable include:
- Direct cash investments – accounts in your own name (or entrepreneurial team) should show the money has been used by the business;
- Share capital – if the company structure allows you to raise money through shares; and
- Directors loan – if it is unsecured and subordinated in favour of third party creditors and if have become a director of a company.
You will be required to provide specified documentary evidence to demonstrate that you have made the above investments in a prescribed manner.
If you wish to apply for a Tier 1 Entrepreneur visa, LEXVISA can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your application and ensure that you meet all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful application.
Tier 1 Entrepreneur Visa: Are Property Permitted investments?
As a Tier 1 Entrepreneur with access to investment funds, you will have a wide variety of investment and business activity options. However, the Immigration Rules have been written in such a way to enable the Tier 1 Entrepreneur investments to boost competitiveness in business instead of engaging in investment activities in purely buying and selling property. Despite this intention behind the rules, you will still be allowed to invest in ‘property related businesses’, just not in property itself.
The Immigration Rules provide that investments and business activities do not include the following:
- Investment in any residential accommodation; or
- Property development; or
- Property management; and
- Must not be in the form of a director’s loan (unless it is unsecured and subordinated in favour of the business).
Hence, if you have purchased property for your business that includes residential accommodation, those investments will also not be taken into account for the purposes of your immigration application. The Immigration Rules further provide the following definitions:
Property development is any development of property (real estate) owned by the applicant or his business to increase the value of this property with a view to earning a return either through rent or a future sale, or both.
Property management refers to the management of property (regardless of who owns it – whether or not it is owned by the applicant or his business) for the purposes of renting it out or for resale.
These definitions provide that investments and business activities can still be in property related businesses as long as the purpose of the businesses’ purposes are not to rent our or resale the properties. The principle is that business income must be generated from the supply of goods and/or services, and not derived from the increased value of property or any income generated from property, such as rent.
Therefore, your business activities and investments in the UK as a Tier 1 Entrepreneur, for example, can be in the construction, hotel, and property refurbishments businesses.
UK Tier 1 Entrepreneurs: Our Network of UK Business Advisors
Our business immigration team are regularly instructed to prepare initial and extension visa applications for entrepreneurs wanting to work and live in the UK. Starting a business in the UK is challenging and having the right business connections at the outset is a must. Our business immigration solicitors have developed a network of business experts that will strive to help you succeed. We can ensure that not only remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain.
Starting a business is not easy but it can be made easier. We are entrepreneurs ourselves and have the right business connections available to you at the outset. We have a network of business experts that will strive to help you succeed. As well as legal advice, we can provide you with an array of carefully selected business advice recommendations, from accounting to investment advice, tax advice and business plan development and management consultancy services. If you have any doubts, please do not hesitate to contact our immigration lawyers.
Successful UK Tier 1 Entrepreneur Visa Applications
Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers. If you wish to consider your options, please call our Immigration Team so we can assess your matter and if necessary advise you of the next steps you should take in a consultation.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
We can ensure that you remain compliant with your visa conditions and will be able to demonstrate your eligibility for an extension visa or indefinite leave to remain. Get in touch with our business immigration lawyers now on 02071830570. You can also reach us via our contact form.