Job Creation Evidence

Dear members,

I am in the research phase of moving to the UK as an entrepreneur along with a partner. The following is some highlights of our setup:
1. We will be jointly investing 400K in the UK
2. We plan to invest in an F&B franchise which with possible 2-3 locations within 18-24 months of our move to the UK.
3. We are traveling to the UK next month (as visitors) to meet with some potential franchise concepts and review their business models before we sign up to any concept.
4. My partner and I intend to settle in the UK along with our families.

I would appreciate if you can advise/guide us on the following queries:
a. Do you recommend that we setup our legal entity in the UK before we actually apply for the T1 visa? We technically can do that online.
b. If the answer to (a) is yes, can we open a business bank account to transfer funds and eventually pay initial franchise fees?, if the answer to (a) is no, can one of the two partners process the franchise fee from his personal account? Would this be accounted for as part of the investment?
c. Some of the opportunities we have considered where actually buying a franchised store from a franchisee, would this be considered as part of the investment? I have read multiple views on this and want to validate if I should even consider this option.
d. My partner is an Iranian citizen and I assume that prior to the issuance of a T1 visa, he would not be able to open a bank account in the UK due to the restrictions applied by UK banks. Can I be the only director of the legal entity being setup at the initial phase and fund it to the level of 200K and once my partner gets his T1 visa, I can add him as a partner and increase the capital to 400K? Is this possible. If yes, can you advice me on what to consider or watch for to ensure full compliance?
e. Can I sign a franchise agreement in my personal capacity and then transfer that to the legal entity at a later stage, or should I establish the legal entity first before I sign any agreements?

I look forward to your valuable advice and help in guiding me into this journey

Regards,
ES

es2017 wrote: ↑

Sat Oct 21, 2017 7:48 am

I would appreciate if you can advise/guide us on the following queries:
a. Do you recommend that we setup our legal entity in the UK before we actually apply for the T1 visa? We technically can do that online.

There is no requirement to set up your legal entity before the visa application. Whether you do or not is entirely up to you as there is no assurance you will be granted a visa at all.

es2017 wrote: ↑

Sat Oct 21, 2017 7:48 am

b. If the answer to (a) is yes, can we open a business bank account to transfer funds and eventually pay initial franchise fees?, if the answer to (a) is no, can one of the two partners process the franchise fee from his personal account? Would this be accounted for as part of the investment?

Opening a business bank account is the decision of the bank. Generally the local banks are reluctant to open business accounts with non-resident shareholders because of the strict verification requirements imposed on them.
Spend within 12 months of grant can be, in some cases, justified to be part of the investment.

es2017 wrote: ↑

Sat Oct 21, 2017 7:48 am

c. Some of the opportunities we have considered where actually buying a franchised store from a franchisee, would this be considered as part of the investment? I have read multiple views on this and want to validate if I should even consider this option.

Read the guidance - it is very clear that any investment where the money goes to the previous owner is not considered an investment.

es2017 wrote: ↑

Sat Oct 21, 2017 7:48 am

d. My partner is an Iranian citizen and I assume that prior to the issuance of a T1 visa, he would not be able to open a bank account in the UK due to the restrictions applied by UK banks. Can I be the only director of the legal entity being setup at the initial phase and fund it to the level of 200K and once my partner gets his T1 visa, I can add him as a partner and increase the capital to 400K? Is this possible. If yes, can you advice me on what to consider or watch for to ensure full compliance?

Are you planning to apply as a team or as two separate applicants ? If you are applying as a team then the total investment needed is only 200K and can share the jobs created. If you are applying separately, your partner can still join later but need to have 200K each and a total of 4 jobs created.

es2017 wrote: ↑

Sat Oct 21, 2017 7:48 am

e. Can I sign a franchise agreement in my personal capacity and then transfer that to the legal entity at a later stage, or should I establish the legal entity first before I sign any agreements?

This has nothing to do with immigration rules.

Dear marcnath,

Thanks for your response to my query. It has clarified an important thing for me with regards to buying an existing business which I am now eliminating from my list.

Have a wonderful day.

ES

Hi there,

I have a question on frequent traveling.

I am traveling more than 40 times out of UK in a given 12 months. However my total number of days out of UK is less than 180 days. Will this be a problem when I request for my extension of tier 1 visa and/or my ILR application?

Do I need to provide an explanation for my frequent trips if I have not exceeded my 180 days?

Thanks.

es2017 wrote: ↑

Fri Feb 23, 2018 7:56 am

Hi there,

I have a question on frequent traveling.

I am traveling more than 40 times out of UK in a given 12 months. However my total number of days out of UK is less than 180 days. Will this be a problem when I request for my extension of tier 1 visa and/or my ILR application?

Do I need to provide an explanation for my frequent trips if I have not exceeded my 180 days?

Thanks.

No, the travelling in itself is not an issue under the immigration rules and for T1E applicants, there is no need to explain absences.
Incidentally, there is no requirement to explain even if you exceed 180 days - you would just be subject to refusal.

Thanks marcnath. Very clear response.

I travel very often.

Are u aware the day u leave and comebacks are not considered outside UK?

So day trip to Brussels or overnight trip to Munich are written as trips abroad with zero days next to them

Be also aware of the new way 180 days is counted for (any rolling 180 days....)

I did write the reason "business.confernce or business.supplier meeting or personal.holiday" it jist showed that mostly travelled for business

The UK is very eager for more international trade so if your travel is business related you should even highlight it

Good morning,

I have recently moved into the UK under a Tier 1 Entrepreneur Visa. I have already established my company and registered with HMRC as a self employed (director).

I have already spent around £40,000 on agreements, solicitors, accountants, architects, and other business expenses as part of my setup to operate a franchise business. However, I have reached a point where I am about to take a decision to withdraw from the current project and start with a different franchisor. The new project is expected to cost me around £160,000.

My question is: Will the amount I have already spent for the 1st project which is gone to a waste is eventually considered as part of my overall 200,000 that I have to demonstrate at the renewal time?

Thanks,

es2017 wrote: ↑

Fri Oct 26, 2018 11:12 am

Good morning,

I have recently moved into the UK under a Tier 1 Entrepreneur Visa. I have already established my company and registered with HMRC as a self employed (director).

I have already spent around £40,000 on agreements, solicitors, accountants, architects, and other business expenses as part of my setup to operate a franchise business. However, I have reached a point where I am about to take a decision to withdraw from the current project and start with a different franchisor. The new project is expected to cost me around £160,000.

My question is: Will the amount I have already spent for the 1st project which is gone to a waste is eventually considered as part of my overall 200,000 that I have to demonstrate at the renewal time?

Thanks,

Of course, there is no reason why it should not.

Anyway, it is money invested (going into the business) that counts

As always, I appreciate your quick response on the query.

Thanks.

Hi,
I am preparing all the paperwork for my visa extension which will be due soon. I have setup a hospitality business and have employed several employees on zero-hours contract as it is the industry norm. I have defined the job roles which have been created as (Team Member) and the salaries are being processed on bi-weekly basis. Therefore, I have created a table listing job no.1 as (Team Member 1) and job no. 2 as (Team Member 2). I ensure that each pay cycle, I have evidence that one or more staff have covered 60+ hours to ensure that it is the equivalent of a full time.

I have two queries which I would appreciate if you can help me with:

- Can I combine more than two staff to complete the 60 hours on my table?
- One of the staff members I have employed was an Italian national who was studying in the UK and I have a copy of her Italian ID but not the passport. Is that going to be a problem? She is no longer residing in the UK and is no longer responding to her emails. Please note that she had a National Insurance Number which I have a record of.

Thanks

es2017 wrote: ↑

Wed Dec 16, 2020 1:01 pm

Hi,
I am preparing all the paperwork for my visa extension which will be due soon. I have setup a hospitality business and have employed several employees on zero-hours contract as it is the industry norm. I have defined the job roles which have been created as (Team Member) and the salaries are being processed on bi-weekly basis. Therefore, I have created a table listing job no.1 as (Team Member 1) and job no. 2 as (Team Member 2). I ensure that each pay cycle, I have evidence that one or more staff have covered 60+ hours to ensure that it is the equivalent of a full time.

I have two queries which I would appreciate if you can help me with:

- Can I combine more than two staff to complete the 60 hours on my table?
- One of the staff members I have employed was an Italian national who was studying in the UK and I have a copy of her Italian ID but not the passport. Is that going to be a problem? She is no longer residing in the UK and is no longer responding to her emails. Please note that she had a National Insurance Number which I have a record of.

Thanks

- Yes, you can combine more than two staff to complete 30 hrss/week (not sure what the 60 hours is)
- The allowed documents are specified in the guidance as either one of these :
(i) the biometric data page of a British or EEA passport showing the photograph and personal details of the employee;
(iv) if the employee is an EEA national, a UK registration certificate/permanent residence document;
So, ID alone is insufficient.

Thanks marcnath.

The 60hours refers to a two week cycle as per my payroll. (30hours X 2).

As for the documents required for Italian national, is it right to assume that I would need the passport copy as well as a UK registration ID (BRP)? or does the national insurance number count as a registration?

On another note, for a British national, is the birth certificate enough as a proof of identity?

es2017 wrote: ↑

Wed Dec 16, 2020 1:35 pm

Thanks marcnath.

The 60hours refers to a two week cycle as per my payroll. (30hours X 2).

As for the documents required for Italian national, is it right to assume that I would need the passport copy as well as a UK registration ID (BRP)? or does the national insurance number count as a registration?

On another note, for a British national, is the birth certificate enough as a proof of identity?

It is any one of the documents listed in the guidance

es2017 wrote: ↑

Wed Dec 16, 2020 1:01 pm

Hi,
I am preparing all the paperwork for my visa extension which will be due soon. I have setup a hospitality business and have employed several employees on zero-hours contract as it is the industry norm. I have defined the job roles which have been created as (Team Member) and the salaries are being processed on bi-weekly basis. Therefore, I have created a table listing job no.1 as (Team Member 1) and job no. 2 as (Team Member 2). I ensure that each pay cycle, I have evidence that one or more staff have covered 60+ hours to ensure that it is the equivalent of a full time.

I have two queries which I would appreciate if you can help me with:

- Can I combine more than two staff to complete the 60 hours on my table?
- One of the staff members I have employed was an Italian national who was studying in the UK and I have a copy of her Italian ID but not the passport. Is that going to be a problem? She is no longer residing in the UK and is no longer responding to her emails. Please note that she had a National Insurance Number which I have a record of.

Thanks

best of luck on the extension. would be great if you can share the outcome and any advise you have for us who plan their extension applicaiton once you have it approved.