BUSINESS AND SELF-EMPLOYED
The Business and Self-Employed category is a little used and complicated scheme for individuals who wish to invest funds and take an active part in the running of their business or self-employment in the UK. It is normally better to consider other routes such as the HSMP application where possible.
How do I qualify for this type of visa/permit?
- You will need to show that you have no less than £200,000 of your own money, under your control and disposable in the United Kingdom which is held in your own name, and which you will be investing in a business in the United Kingdom, either as a sole trader or a partnership or within a UK company.
- That until the business provides you with an income you will have sufficient additional funds to maintain and accommodate yourself and your dependants without recourse to employment (other than your work for the business) or to public funds.
- You will be actively involved full time in trading or providing services on your own account or in partnership, or in the promotion and management of a company as a director.
- Your level of financial investment will be proportional to your interest in the business.
- You will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment..
- You will be able to bear your share of liabilities.
- There is a genuine need for your investment and services in the United Kingdom.
- That your share of the profits of the business will be sufficient to maintain and accommodate yourself and any dependants without recourse to employment or public funds.
How do I apply and do I need entry-clearance?
You will need to apply to the British High Commission for entry clearance as a person intending to establish yourself in business or self-employment. You will undertake a detailed interview, and then your application will be forwarded to the Home Office for further consideration, which can take some months.
This can indeed be a tricky category and you will be well advised to contact Breytenbachs for assistance.
Some rules and restrictions on a person establishing themselves in business
- You may apply for your dependants to accompany or join you in the UK.
- You cannot take employment outside your business.
- You will have to support and accommodate yourself and your dependants without recourse to public funds.
- You can apply to establish a new business or to acquire an interest in an existing business.
- If you are successful with this application, you will obtain permission to
stay for 12 months in the UK. After that period you will have to apply to extend
your stay.
Does this visa lead to indefinite leave to remain?
Yes. If you obtain permission to stay in the UK on this basis for 5 years, you can apply for ILR.
