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Business sold early (before Extension and/or ILR) affect?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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seasky
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Business sold early (before Extension and/or ILR) affect?

Post by seasky » Tue Mar 01, 2016 3:48 pm

Interesting issue for the forum. What would be the affect on the visa if your company is sold in the process.

Please consider the VC/hightech world where a sale is sort of the goal.

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zimba
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Re: Business sold early (before Extension and/or ILR) affect

Post by zimba » Tue Mar 01, 2016 4:04 pm

seasky wrote:Interesting issue for the forum. What would be the affect on the visa if your company is sold in the process.

Please consider the VC/hightech world where a sale is sort of the goal.
This is an interesting topic but obviously overlooked by the current immigration rules. As far the rules stretch now, you need to start another business to be considered actively trading but obviously if you invested/created jobs in a business which was then sold, HO will count them as long as you were the director at that time.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

seasky
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Re: Business sold early (before Extension and/or ILR) affect

Post by seasky » Tue Mar 01, 2016 4:19 pm

zimba88 wrote:
seasky wrote:Interesting issue for the forum. What would be the affect on the visa if your company is sold in the process.

Please consider the VC/hightech world where a sale is sort of the goal.
This is an interesting topic but obviously overlooked by the current immigration rules. As far the rules stretch now, you need to start another business to be considered actively trading but obviously if you invested/created jobs in a business which was then sold, HO will count them as long as you were the director at that time.
So say sold at 2.5 year mark. All investments and jobs already attained. Could you just take your windfall, start a new co called ABC investments (and be a director). Hire no one for now. Be open about this in covering letter about how well you did and wish to take your entrepreneurship to the next level?

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Re: Business sold early (before Extension and/or ILR) affect

Post by zimba » Tue Mar 01, 2016 4:41 pm

So say sold at 2.5 year mark. All investments and jobs already attained. Could you just take your windfall, start a new co called ABC investments (and be a director). Hire no one for now. Be open about this in covering letter about how well you did and wish to take your entrepreneurship to the next level?
I am not sure what else can you do given the rules :?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

seasky
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Re: Business sold early (before Extension and/or ILR) affect

Post by seasky » Tue Mar 01, 2016 5:12 pm

What do the rules say on "actively trading"?

I would think an exit is a wonderful entrepreneurial outcome and usually spurs more entrepreneurial activity. As such HO would be happy as long as u meet the "letter of the guidance"

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Re: Business sold early (before Extension and/or ILR) affect

Post by zimba » Tue Mar 01, 2016 6:04 pm

seasky wrote:What do the rules say on "actively trading"?

I would think an exit is a wonderful entrepreneurial outcome and usually spurs more entrepreneurial activity. As such HO would be happy as long as u meet the "letter of the guidance"
Being a director/self employed within the 3 months of applying for Extension/ILR which means engaged in business according to the rules. Rules are quite blunt now as they do not count an exit as an acceptable evidence of being engaged in business (yet)
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seasky
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Re: Business sold early (before Extension and/or ILR) affect

Post by seasky » Wed Mar 02, 2016 9:59 am

zimba88 wrote:
seasky wrote:What do the rules say on "actively trading"?

I would think an exit is a wonderful entrepreneurial outcome and usually spurs more entrepreneurial activity. As such HO would be happy as long as u meet the "letter of the guidance"
Being a director/self employed within the 3 months of applying for Extension/ILR which means engaged in business according to the rules. Rules are quite blunt now as they do not count an exit as an acceptable evidence of being engaged in business (yet)
I full agree my point (I am asking not telling) is that as long as you are "engaged in business" (open up a new company) along with the full (good) story of the exit they will accept it.

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Re: Business sold early (before Extension and/or ILR) affect

Post by zimba » Wed Mar 02, 2016 10:33 am

seasky wrote: I full agree my point (I am asking not telling) is that as long as you are "engaged in business" (open up a new company) along with the full (good) story of the exit they will accept it.
yes if Ho asks, you can tell them. A good exit within 3 years to me is rare but kudos to you if you make it happen :D
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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