There are many people who will refer you to companies and accountants that can take in your investment, but these agents often take a referral free for doing so, but make no real attempt to check whether that company is able to perform the immigration processes you require or that it is sustainable for the period of your investment. We often find many investors left without the payroll information required by the Home Office, restricted access to their funds and as such ultimately fail the Home Office tests.
We are not immigration lawyers and strongly urge you to find a good one to guide you through the process, we can refer you to our recommended partners list if this is required. They are independent lawyers that will act for you during this process. However, its vital they not only help you submit the application, but check your investment qualifies and that the company complies with the Home Office requirements.
We are not agents and we do not take a referral we either act for the companies or source and check companies for you. The due diligence process is a legal requirement we strongly suggest you undertake.
We are regulated solicitors and what we do is assist our clients with preparing the legal documents and due diligence packs that we know you as an investor need to see and understand, we ask them the tough questions you are going to ask so they have fully considered your concerns and address your specific Entrepreneur Visa requirement with legal documentation. We often have client companies looking to secure EV who we make sure understand the EV commitment they are going to have to make including providing you with payroll documents, making you a director, hiring staff and the likes so they are informed and prepared, we then assist them with monitoring these requirements and make sure that this is performed. So whilst we typically act for the company (though from time to time we do act for individual investors), we prepare them in a structured way which means that they are not wasting your time and confidence in their structure and sustainability can be presented transparently to you.
Alternatively, if you bring a company to us, and you instruct us, we carry out the due diligence for you, we advise you on the structure and safety of your investment, we check the immigration requirements can be fulfilled and we support you fully at all times.
Who can apply for an Entrepreneur Visa?
We have outlined below who can apply for an Entrepreneur Visa and the process, taken from an immigration lawyer as general information only; We cannot give you investment advice or legal advice as we act for the company and are not regulated to give financial advice.
We would always recommend you take independent legal advice before entering into any formal agreements.
Can you apply?
The Entrepreneur visa permits the applicant to relocate to the UK expressly stated for the purpose of business in the UK. As such if you have a business skills that can be developed in the UK you can qualify for an entrepreneur visa. You are able to set up a new business or take over an existing one or become an active director in an existing one. This will ultimately lead to a British passport.
How do I qualify for the entrepreneur visa:
• Have £200,000 – through either their own funds or a third party to invest into the UK
• Meet the English language requirement
• Be a Genuine entrepreneur- You must evidence how you are going to add to the business world. This is subjective; the home office will take into account, previous experience, qualifications and examine your credentials.
How long will have in the UK: Initial application gives you three years, extending to 5 years if you meet the following requirements:
a) The £200,000 has been invested in a company,
b) 2 full-time positions have been held for UK workers.
Can I fast track this process: Yes your indefinite Leave to remain can be granted 2 years earlier if the following conditions are met:
a) The business employs 10 UK full time workers, or
b) Has a turnover of £5 million per annum
A residential requirement is also required to obtain indefinite leave to remain. This is the same, under which an applicant must not remain outside of UK for more than 6 months each year of the validity of the visa.
What If I want to set up my company to accommodate EV investor requirements?
Our commercial team are happy to advise you on requirements for structuring your company and the types of documents and processes you should have in place.
For a free 30 minute appointment please contact us.