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Immigration solicitors for investors and entrepreneurs immigration application

At Darlingtons we obtain Entrepreneur and Investor visas for clients from many different countries. We are a commercial firm and our Immigration lawyers are fully aware of the commercial importance in getting the process correct. We listen and apply our expert knowledge specifically catered to your needs to ensure you get the results you need.

The beauty of the internet is that you can now find lots of free information and resources, including information on law related issues. This includes information on Tier 1 UK immigration applications for Entrepreneurs and Investors such as these pages on the UK Government website :-

https://www.gov.uk/tier-1-entrepreneur/access-to-50000-investment-funds

https://www.gov.uk/tier-1-investor/overview

Whilst on the face of it helpful, these pages show that the legal and practical requirements for a successful Tier 1 are detailed, complex and possibly confusing.

With any legal matter, in our experience, clients tend to ask themselves “is it worth instructing a lawyer?” This, in turn, depends on finding an experienced lawyer you trust and asking whether the cost is worth it, bearing in mind the value and/or importance and/or complexity to get things done right to maximise the position and minimise risk.

If you are either planning to set up a business in the UK or wish to come and live in the UK by investing millions of pounds, it is generally worth getting the right advice to ensure you get things right, also saving time and money in the process.

We are experienced in advising investors and entrepreneurs. Get in touch to find out how we can help you and what it would cost.

Coming to the UK to run your own business – Entrepreneur visa

In addition to the financial requirements for immigrating to start and run a business, other key requirements include being able to demonstrate :-

  • That you will create full time employment for at least 2 European Union employees
  • That you will work exclusively for the business you start
  • In addition to having the money to invest in the business you are able to finance your living costs.
  • That you have a well set out and compelling business plan.
  • Money to be invested must be your own resources and not borrowed. You must also have an equal or controlling interest in the business.

How much money is required under the Entrepreneur route?

There are 2 relevant amounts depending on how you wish to apply – the first is £50,000.00. The rules are complex and we recommend you speak to us if you only have this amount to invest.

The more common route is to apply based on investing at least £200,000.00. If you were in the UK as a Tier 1 (General) worker you can apply to switch in to this category if you were granted leave to remain or enter as a Tier 1 (general) worker and have been involved in running a UK business since before 6th April 2015, can demonstrate the ability to maintain yourself and any family members in the UK and can fulfil the English language requirement.

In addition you must provide a criminal record certificate for you and any family members accompanying you to the UK.

The Home Office when considering your application will look at a number of things such as qualifications, experience and credentials. The process is incredibly subjective and as such it is very important that you are able to prove each requirement by providing the correct documentation.

The process is not straightforward and the Home Office require specific and extensive documentation to satisfy specific conditions in order to satisfy each of the requirements. Failure to provide the necessary documentation and evidence will result in a refusal which is something you would not want to experience as this can add unnecessary delay.

How long is the Entrepreneur visa granted for?

You will initially get a visa valid for a period of 12 months.

During this time you must usually make the full investment and create the required 2 jobs.

At the end of this first year, the visa can be extended by applying to the Home Office. The extension application needs to demonstrate that your business is progressing well. If successful, the Home Office will generally grant a 3 extension to your visa.

After a total of 4 years in the UK you may apply for indefinite leave to remain. A year after being granted indefinite leave to remain you may apply for naturalisation as a British citizen.

Investor visas

First time applicants will be given 3 years’ and 4 months’ leave to enter or three years’ leave to remain if they switch from another immigration category.

Successfully applying for an investor visa is based on the UK Immigration points based system – to succeed you will need to have a a minimum of 75 points which can be achieved by proving you already have at least £2 million of your own money which is held in a UK regulated financial institution and disposable in the UK.

The more money you can invest, the quicker you can generally apply for Indefinite Leave to Remain, which normally requires 5 years residence but, for example, if you have invested £10 million or more, may be reduced to as little as 2 years..

Dependants under an Investor Visa application

Successful Tier 1 (Investor) migrants will result in being able to bring a spouse/unmarried partner/civil partner and children under 18 years of age to also come to the UK as dependants and, subject to certain exceptions, dependants will get full rights to work in the UK.

For peace of mind we conduct our cases on a fixed fee basis so you are fully aware of our costs from the outset of the application with no hidden and surprised bills at the end. We are transparent and approachable. Our solicitors will ensure that we operate in a way that is convenient to you and make this investment process smooth and stress free.

We can advise and assist on all legal and practical; aspects of applying for an Investor visa or Entrepreneur visa – we can meet with you either in our Head Office in Edgware, North London, or at our West End, Central London Office.

Contact Kezia who is ready to provide you with bespoke legal advice on 0208 951 6666.