Tier 1 Enterpreneur Level of Business

[rehan01]

Dear All,

I have asked this question yesterday and someone replied but after that my post is been removed don't know why but I am writing my question again and will really appreciate if someone can help and advise and clear the doubt.

I am applying for Tier1 Enterpreneur and have registered a new IT company and made myself director of the business and will be providing IT services and I will be working as Developer.

My Question is what if my application for Tier 1 Enterpreneur is successful and I get 3 years leave to remain.

Here comes the confusion...... what if I decided to buy an existing running uk business eg Typical example of I want to buy a running Taxi firm for the sum of £35000 and claim points for investment in the uk business ? or the money I have to invest will have to be at NQF LEVEL 4 or ABOVE. (Can someone please help me on this) as I have read the policy guidance and it says ......


". We recognise that you may have moved on and no longer be engaged in the business in which you were originally working when you first entered the Entrepreneur category, but we still require evidence that you were engaged in business within six months of entering the route."


can someone please help and advise as I have spoken to a solicitor and I been told that once you have Tier 1 Enterpreneur Visa you can invest the money in any type of business you want and you can score point for Investment of fund and there is no requirements of NQF LEVEL 4 or equivalent when you changing business from what you have initially granted leave as TIer 1 Enterpreneur.

plz advise

regards

Rehan

++++++++++++++++++++

REPLY FROM WORKPERMIT.COM

You may invest your cash as you choose, but your own job must be suitably senior. Generally you can't claim that being in charge of a taxi firm makes you a CEO, but if the taxi firm was Addison Lee, I'm sure we could argue the case.

If you wanted an IT business (in which you were an IT consultant) with a taxi service division, we could structure that in a way that complied. Call workpermit.com for detailed advice
James.Dunlop@workpermit.com

[smehmood]

Dear All,

I have asked this question yesterday and someone replied but after that my post is been removed don't know why but I am writing my question again and will really appreciate if someone can help and advise and clear the doubt.

I am applying for Tier1 Enterpreneur and have registered a new IT company and made myself director of the business and will be providing IT services and I will be working as Developer.

My Question is what if my application for Tier 1 Enterpreneur is successful and I get 3 years leave to remain.

Here comes the confusion...... what if I decided to buy an existing running uk business eg Typical example of I want to buy a running Taxi firm for the sum of £35000 and claim points for investment in the uk business ? or the money I have to invest will have to be at NQF LEVEL 4 or ABOVE. (Can someone please help me on this) as I have read the policy guidance and it says ......


". We recognise that you may have moved on and no longer be engaged in the business in which you were originally working when you first entered the Entrepreneur category, but we still require evidence that you were engaged in business within six months of entering the route."


can someone please help and advise as I have spoken to a solicitor and I been told that once you have Tier 1 Enterpreneur Visa you can invest the money in any type of business you want and you can score point for Investment of fund and there is no requirements of NQF LEVEL 4 or equivalent when you changing business from what you have initially granted leave as TIer 1 Enterpreneur.

plz advise

regards

Rehan

Hi

so you are not willing to give up on taxi business.

Logically you can not move to a business which does not fall in NQF Level 4. however you can do your Taxi business in addition.

Regards

[rehan01]

Hi Shaukat,

Many thanks for your reply which I highly value .............. I have given up on taxi business and have register IT company and will be applying for entrepreneur visa on that company. but like you mentions logically I cant move to a business which doesn't fall in NQF level 4.

but in policy guidance for extension of the visa it say

" We recognise that you may have moved on and no longer be engaged in the business in which you were originally working when you first entered the Entrepreneur category, but we still require evidence that you were engaged in business within six months of entering the route "

Sorry for being pain but its just clicking in my mind again and again and someone told me I can buy any sort of business once I have tier 1 entrepreneur visa and secondly I spoke to one solicitor myself and I been told you can do any nature or level of business once you have tier 1 entrepreneur visa ............................... and been given typical example of how about if someone is coming from Pakistan on tier 1 visa with 200k in his pocket to invest in UK.

and if he decide to buy a running taxi firm and create 2 jobs and claim points for investment by buying Taxi firm .... how they will tell him u cant do it as it doesn't even say anything about the level of occupation in guideline of 200k category.

I am very confused especially after a solicitor told I can and he even said I can buy a running corner shop (lol) which he said its a business.

please advise and I will highly appreciate your comment or advise on this.

kind regards

Rehan

[James.Dunlop]

Hi

The requirement to work in a graduate level role applies only to those using the reduced £50,000 investment possible for those on a Tier1 post study work visa. With a £200,000 investment you do not have this extra hurdle.

Even if you are on a Tier1 post study work visa, if you are set on investing in a taxi company that may sill be possible wit the right structure. workpermit.com can assist in such cases

Kind regards


James
james.dunlop@workpermit.com

[rehan01]

Hi James,

Many thanks for your advise which is highly appreciated ..... So mean it is possible if I buy a running Taxi business of someone for £35K and can claim points towards my investment in the business and ofcourse 2 jobs created etc as I will have to do for any other business ............. because the guidance say NQF LEVEL 4 when you applying or starting a business and in extension it say ....

"We recognise that you may have moved on and no longer be engaged in the business in which you were originally working when you first entered the Enterpreneur Category, But we still require evidence that you were engaged in business with Six Months of Entering the Route "


It doesn't say anything about the level of business or anything like that so logically it is possible or not ? from your reply I guess YES it is possible but another person advise me its not possible ?

anyone else if you have any ideas about this please share as it will help many of us .

kind regards

Rehan

[smehmood]

Hi James,

Many thanks for your advise which is highly appreciated ..... So mean it is possible if I buy a running Taxi business of someone for £35K and can claim points towards my investment in the business and ofcourse 2 jobs created etc as I will have to do for any other business ............. because the guidance say NQF LEVEL 4 when you applying or starting a business and in extension it say ....

"We recognise that you may have moved on and no longer be engaged in the business in which you were originally working when you first entered the Enterpreneur Category, But we still require evidence that you were engaged in business with Six Months of Entering the Route "


It doesn't say anything about the level of business or anything like that so logically it is possible or not ? from your reply I guess YES it is possible but another person advise me its not possible ?

anyone else if you have any ideas about this please share as it will help many of us .

kind regards

Rehan

Hi

1. One thing i am dame sure that TAXI business does not fall in NQF level 4 even HO has use this business as example as well.

2. As far as moving to other business is concern (which does,nt fall in NQF Level 4) i wrote in my post earlier that logically its not possible however i have requested this information from UKBA under FOI Act. I will update you once i get reply.

3. This is my request to all please do not provide misleading information.

Regards

[James.Dunlop]

Hi

If you are applying with £50k further to a current Tier 1 post study work visa then, as has been correctly stated, UKBA give the example of working in a taxi business as something that will not warrant extension.

If you yourself would work in IT, and would like to structure things to allow your taxi business to be part of your commercial life, then workpermit.com can help with ensuring that your commercial / investment needs are subject to the minimum distortion by the need to tick the boxes of your visa category.

Kind regards

James

[rehan01]

Hi James and Shaukat,

Many thanks for your comments and advise which is highly appreciated.

So basically Taxi business or any other business which is not at NQF Level 4 or above we will not be able to claim points for investment of funds.

But policy guidance doesn't say anything about this and that is why I have raised this question just to clarify and Shaukat bhai I will be waiting for an update from you in regards to the question which you have asked HO regarding the business which doesn't fall in NQF Level 4. (Change of business category on Tier 1 Enterpreneur visa granted).

Now here is couple of more question I need some clarification and want you guys to advise me that I am on right track or not, below is the question with the documents I am preparing to submit with my application.


1. I have registered IT company and have registered myself as Director and also registered my Enterpreneur Team Member as a Director of the business. so we are 2 Directors of the business and (Business registration is done 3 days ago so it is under 3 months of time period by the time I send my application for Tier 1 Enterpreneur).

I will be working as Web Designer SOC code: 2131 IT Strategy and Planning. (NQF LEVEL 6)

my entrepreneur team member will be working as Marketing Manager SOC Code 1132 Marketing and Sales Managers (NQF LEVEL 6)



2. I have £900 of maintenance funds in my personal bank account + 50k is also in same bank account so the total of £55k in my personal bank account as I will be applying with 1 dependant so I need £1700 for maintenance in my bank account. My entrepreneur team member have £3000 in his own personal bank account so he meet the maintenance requirement too.


3. Now £50K funds in my account and its joint account with my Mrs. what shall I do to prove that funds are available to both myself and my entrepreneur team member and we both have equal excess to funds.

(shall I open another bank account joint with my entrepreneur team member and transfer 50k in that account and I send my personal bank statement to prove my maintenance requirement and he send his personal bank statement to prove his maintenance funds).

4. Funds are held in UK bank so do I still need to take a letter from the bank holding funds to confirm the amount of money available to me and my entrepreneur team member?

5.Company registration is done so a print out of company house showing the address of the registered business.

6.I have appointment with bank to open a company bank account so do we need to send the company bank account statement too with my visa application (as business is not trading yet so there will be no money in the company account)

7. Regarding the CT41G form, I believe HMRC stop doing it anymore and they send Corporation Tax letter with Unique Tax Reference number (UTR) will that be enough to show that company is registered with HMRC or shall I register for PAYE for employee with HMRC.

8. A current Appointment report from companies House. (I can printout from companies house website)

9.I have business website designed and ready to go live. (So will that be enough to meet and marketing and advertisement requirement)

(Do we need to show our names on the website together with the business activity and post we will be working in contact us page)

10. printed Visiting Cards for both of us separate showing name, Contact number and post we will be working.

11.Trading Activity .... Copy of contract I simply have no idea what to do about this contract as this is really getting into my nerves now ........ Especially I don't have the material of it either as we are new company and not trading so I don't know how and where to get this sorted.


I will be advertising my company and the services we provide on gumtree and hopefully someone will contact us for work I guess only that way I can meet this requirement.

12. English Language Requirement we both have completed degrees from UK universities so we meet this requirement because of that.


13. Also when we submit the case to home office do we need to post all the documents with 3 completed application forms separately or all together via one recorded delivery as in my case it will be (me, my wife and my team member)

14. Also complete visa forms.


now this is the complete list of documentation which I am preparing to submit with my case for Tier 1 Enterpreneur ..... Kindly could you please advise if I am missing anything ........ my biggest concern so far is the funds held in my personal account what if we cant open joint account for whatever reason than what choice I have and how can I prove that we both have equal same access to the available funds, second concern is the contract.

Please advise guys your comment, suggestion and advise will be highly appreciated.


thanks in advance for your help.

Kind Regards

Rehan

[rehan01]

Dear All,

Finally I have manage to open a joint bank account with my entrepreneur Team member.

Also manage to open the business bank account too.

I have printed the Company registration from companies house too.

Also got the current appointment report from companies house too.

Business website is almost done ..... will be going live soon.

now I am stuck with the Business contract ...... Can someone please help with this please (A format of a contract will be ok big help)

Also how important is to send the business / visiting cards showing post I will be working and contact details.

I have opened joined bank account with my team member so I will be transferring funds into joint account ..... will this be enough to prove we both have equal excess to the money or do we need to sign some sort of legal letter from solicitor regarding this.


Please guys any comments or suggestion will be highly appreciated.

Kind Regards

Rehan

[Lucapooka]

So basically Taxi business or any other business which is not at NQF Level 4 or above we will not be able to claim points for investment of funds [...] But policy guidance doesn't say anything about this

Really? So what are you seeing in paragraph 55 (iv) that everyone else is reading as a direct reference to the taxi firm example?

[rehan01]

No I also read paragraph 55, but my question was once you have Tier 1 enterpreneur visa granted and after that If u want to buy a running taxi firm will u be able to claim points for investing funds or not ?

As it says in guidance that you might have moved to another business from which you initially granted leave to remain and it doesn't say anythng about level of occupation or business you can move to change to that is why I raised this question.

But I guess as they have mention taxi business and level of occupation for initial application there will be same restriction for extension application too.


Plz advise as I spoke to one solicitor and he said you can switch or buy any type of business and can claim points for investment as there is no restriction on level of business and occupation after you have granted tier 1 visa

Your comments and advise wil be highly apriciated.

Regards

Rehan

[James.Dunlop]

Dear Rehan01

You are now looking for detailed contracts, and ensuring that post-approval investment is structured so you will be successful when extending.

Some of your questions appear to have been answered in this thread, but it looks asif you want more detail and reassurance

workpermit.com can help you with what you want to do. I suggest scheduling a consultation (offices in London)

Kind regards


James

[sky_rise]

No I also read paragraph 55, but my question was once you have Tier 1 enterpreneur visa granted and after that If u want to buy a running taxi firm will u be able to claim points for investing funds or not ?

As it says in guidance that you might have moved to another business from which you initially granted leave to remain and it doesn't say anythng about level of occupation or business you can move to change to that is why I raised this question.

But I guess as they have mention taxi business and level of occupation for initial application there will be same restriction for extension application too.


Plz advise as I spoke to one solicitor and he said you can switch or buy any type of business and can claim points for investment as there is no restriction on level of business and occupation after you have granted tier 1 visa

Your comments and advise wil be highly apriciated.

Regards

Rehan

i have got exactly the same worry.