Establishment of Business

The Immigration by Investment scheme permits foreign nationals to come to the UK and open a business providing certain requirements are met as detailed below. The initial visa is issued for a period of 12 months and thereafter an applicant may be eligible for an extension of their visa providing they have complied with the rules attached to their status. After a period of 5yrs in this capacity, you maybe eligible to apply for Indefinite Leave to Remain (ILR), ie permanent residency. Note: from April 4th 2007, a new English language test is being introduced which all applicants must pass prior to submitting an application for ILR.

A business means an enterprise as:
  • a sole trader; or

  • a partnership; or

  • a company registered in the United Kingdom.

The requirements to be met by a person seeking leave to enter the UK to establish himself in business are:

(i) that he satisfies the requirements of either paragraph 202 or paragraph 203; and

(ii) that he has not less than £200,000 of his own money under his control and disposable in the United Kingdom which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the UK; and

(iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and

(iv) that he will be actively involved full time in trading or providing services on his own account or in partnership, or in the promotion and management of the company as a director; and

(v) that his level of financial investment will be proportional to his interest in the business; and

(vi) that he will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment; and

(vii) that he will be able to bear his share of liabilities; and

(viii) that there is a genuine need for his investment and services in the United Kingdom; and

(ix) that his share of the profits of the business will be sufficient to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds; and

(x) that he does not intend to supplement his business activities by taking or seeking employment in the United Kingdom other than his work for the business; and

(xi) that he holds a valid UK entry clearance for entry in this capacity.

Dependents
You may apply for your spouse / civil partner / unmarried partner and children aged under 18yrs to accompany you as your dependants. They are entitled to work on a full time basis and your children are entitled to the same free education as British children. However, you may choose to send your children to a private school if you wish. You and your family are eligible to free health care provided by the National Health Service.

Applying
The application should be made to a British Consulate in the country of your usual residence or the country of your nationality. Applications are usually considered within 3 months. This is a general guide only and will be determined by the quality of the documentation you submit and your past immigration history as applicable.

There are a number of documents you are required to submit in support of this application. if you require further information regarding the business rules, please contact our office.








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