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UK Tier 1 Visa - New Application

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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jolspace
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UK Tier 1 Visa - New Application

Post by jolspace » Thu Dec 01, 2016 8:25 am

I am in India running a Software company with 30 employees. I am preparing to apply for UK E Tier 1 Visa. Most of the docs are ready including Business Plan. Although I have included maximum information in BP including our Indian company's background information, director information, what I will do in UK, my past overseas experience, jobs that will be created, estimated salaries for UK employees, financial forecasts etc it seems by reading other posts here that all of this may not be sufficient if BP is not very formal and does not contain data like tax details, VAT, exact location of office, exact rent, detailed forecast of P and L account etc in the BP. Therefore some law company that will charge thousands of GBP will need to be hired as obviously if Visa office is expecting such level of detail then an entrepreneur is not a student of accounts and law, hence cannot collect on his own. So it seems BP is considered the most critical factor and absolute formal document is essential which can be prepared by paying hefty fee only. Am I getting the right impression or not? What is your suggestion for BP to me?

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CR001
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Re: UK Tier 1 Visa - New Application

Post by CR001 » Thu Dec 01, 2016 8:33 am

No, many migrants prepare their on business plans. Perhaps you are overthinking it. Follow the guidance notes.
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jolspace
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Re: UK Tier 1 Visa - New Application

Post by jolspace » Thu Dec 01, 2016 8:41 am

Thanks for your reply. Good to know I might be over thinking it. On your other suggestion, that is another point I have noticed that UK Visa Office or Government has not given clear information on what do they want to read in the BP. Although very detailed BP is expected but very short guiding notes seem to be available online. Can you please share some links for guiding notes? I have checked this site without much information - https://www.gov.uk/tier-1-entrepreneur

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CR001
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Re: UK Tier 1 Visa - New Application

Post by CR001 » Thu Dec 01, 2016 9:17 am

Business plans are specific to the nature of the various businesses and markets, there isn't a tick box template.

http://www.immigrationboards.com/uk-tie ... 74181.html
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Re: UK Tier 1 Visa - New Application

Post by jolspace » Thu Dec 01, 2016 10:34 am

Thanks for the link. I still feel that templates may differ but at the end of the day Visa office is expecting same sort of information from everyone irrespective of the nature of business. So they should add a checklist on their website to assist entrepreneurs to be more transparent in this factor, otherwise this BP exercise feels like a Red Tape sort of thing to delay things and to prosper private agencies.

Thanks for your help and guidance.

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Sole Representative Visa Question

Post by jolspace » Wed Dec 21, 2016 8:38 am

I hope I am posting in the right forum since I do not see a direct forum for Sole Representative Visa. I need your help on one question. I am 50% owner of a well established business in India and my wife is other 50% owner. I was preparing to apply under Tier 1 route but after talking to a staff member of xxxxx, he suggested me to apply under Sole Rep category since that is lot less complicated. According to terms of Gov of UK, 50% or less shareholder of business can apply for Sole rep visa. I told the xxxxxx member that on forums and websites I see that anyone with more than 30% shareholding is not recommended for this type of visa but he is suggesting me to not to worry about information on internet. Instead just keep 50% or lesser rule of UK Gov in mind and apply. Then to take a 2nd advice I talked to another very popular immigration adviser company in UK (xxxxx). According to their staff member my visa application under sole rep is not possible since above 30% is not recommended. Secondly later on my wife will also join me in UK as a dependent so entire 100% shareholders will be in UK hence sole rep is not the right category. Now I am confused whom to trust in this case.

Can you share your thoughts?

Moderator edit: Commercial names removed

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CR001
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Re: Sole Representative Visa Question

Post by CR001 » Wed Dec 21, 2016 10:03 am

Which Tier 1 route exactly were you looking at applying?

Sole representative is a Tier 2 visa if you work for a company (not your own). You cannot sponsor yourself basically.

https://www.gov.uk/representative-overs ... s/overview
Sole Representatives

If you are coming to the UK as a sole representative you must:

be recruited and employed outside the UK by a company whose headquarters and principal place of business are outside the UK
have extensive related industry experience and knowledge
hold a senior position within the company (but not be a major shareholder) and have full authority to make decisions on its behalf
intend to establish the company’s first commercial presence in the UK, eg a registered branch or a wholly owned subsidiary

You may also be eligible if the company has a legal entity in the UK that doesn’t employ staff or transact business.

If your company has been working to establish a UK branch or subsidiary, but it is not yet set up, you can replace a previous sole representative.
Newspaper, news agency or broadcast employees

As an employee of an overseas newspaper, news agency or broadcasting organisation, you can come to the UK if you’re being posted here on a long-term assignment.
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Re: Sole Representative Visa Question

Post by jolspace » Wed Dec 21, 2016 1:25 pm

Thanks for reply. I was looking at Tier 1 Entrepreneur visa. For Sole rep, we have a Private Limited company and I am one of the Directors. A director is also an employee since I get a salary and my company has its own identity. I am an employee who is also a shareholder just like any other employee can be who will be sent as sole rep by the company. I file my income tax return separately and company files its own. Therefore company can sponsor me for Sole rep I think.

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Re: Sole Representative Visa Question

Post by noajthan » Wed Dec 21, 2016 1:32 pm

CR001 wrote:Sole representative is a Tier 2 visa if you work for a company (not your own). You cannot sponsor yourself basically.

https://www.gov.uk/representative-overs ... s/overview
Sole Representatives

If you are coming to the UK as a sole representative you must:

be recruited and employed outside the UK by a company whose headquarters and principal place of business are outside the UK
have extensive related industry experience and knowledge
hold a senior position within the company (but not be a major shareholder) and have full authority to make decisions on its behalf
intend to establish the company’s first commercial presence in the UK, eg a registered branch or a wholly owned subsidiary

You may also be eligible if the company has a legal entity in the UK that doesn’t employ staff or transact business.


If your company has been working to establish a UK branch or subsidiary, but it is not yet set up, you can replace a previous sole representative.
Newspaper, news agency or broadcast employees

As an employee of an overseas newspaper, news agency or broadcasting organisation, you can come to the UK if you’re being posted here on a long-term assignment.
Suggest reread the above very carefully.

Do not trust self-styled popular advisors in UK, trust the law.
Then trust UK nationality instructions, then trust HO/UKVI guidance and forums such as this;
last of all trust WWW.
Do not trust UKVI helpline nor friends of friends who know someone who once did this back in 199x.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: Sole Representative Visa Question

Post by Casa » Wed Dec 21, 2016 1:35 pm

noajthan wrote:
CR001 wrote:Sole representative is a Tier 2 visa if you work for a company (not your own). You cannot sponsor yourself basically.

https://www.gov.uk/representative-overs ... s/overview
Sole Representatives

If you are coming to the UK as a sole representative you must:

be recruited and employed outside the UK by a company whose headquarters and principal place of business are outside the UK
have extensive related industry experience and knowledge
hold a senior position within the company (but not be a major shareholder) and have full authority to make decisions on its behalf
intend to establish the company’s first commercial presence in the UK, eg a registered branch or a wholly owned subsidiary

You may also be eligible if the company has a legal entity in the UK that doesn’t employ staff or transact business.

If your company has been working to establish a UK branch or subsidiary, but it is not yet set up, you can replace a previous sole representative.
Newspaper, news agency or broadcast employees

As an employee of an overseas newspaper, news agency or broadcasting organisation, you can come to the UK if you’re being posted here on a long-term assignment.
Suggest reread the above very carefully.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Sole Representative Visa Question

Post by CR001 » Wed Dec 21, 2016 1:59 pm

jolspace wrote:Thanks for reply. I was looking at Tier 1 Entrepreneur visa. For Sole rep, we have a Private Limited company and I am one of the Directors. A director is also an employee since I get a salary and my company has its own identity. I am an employee who is also a shareholder just like any other employee can be who will be sent as sole rep by the company. I file my income tax return separately and company files its own. Therefore company can sponsor me for Sole rep I think.
Tier 1 Entrepreneur is an investment visa and you have to have substantial funds to invest in a business, it is not a sole representative visa which is a Tier 2 Visa.

A company owned by the same person who requires sponsorship is not possible. Your company is not a Tier 2 Sponsor at this stage.

Suggest you get a good idea first of the visa you want to apply as they are two very different routes with very different requirements (Tier 1 Ent vs Tier 2 Sole rep).
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noajthan
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Re: Sole Representative Visa Question

Post by noajthan » Wed Dec 21, 2016 2:01 pm

Alternately you may relinquish control of your India company, demote yourself to mere employee (a representative) and then you would be more likely to meet conditions for SR visa.
That is if wife remains in home country rather than bootstrapping herself into UK.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Sole Representative Visa Question

Post by jolspace » Wed Dec 21, 2016 2:25 pm

Thanks for your replies. Yes I understand Tier 1 route needs substantial investment. I have most of the papers ready except BP which I am working on. Once again thanks for your suggestions.

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Re: Sole Representative Visa Question

Post by jolspace » Wed Dec 21, 2016 2:26 pm

On a slightly different topic I need to ask is can I get a sample BP or can someone assist me to review my BP for Tier 1 Entrepreneur visa?

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Re: UK Tier 1 Visa - New Application

Post by noajthan » Wed Dec 21, 2016 2:32 pm

Posts merged.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Re: Sole Representative Visa Question

Post by CR001 » Wed Dec 21, 2016 2:39 pm

jolspace wrote:On a slightly different topic I need to ask is can I get a sample BP or can someone assist me to review my BP for Tier 1 Entrepreneur visa?
Search the forum, many examples posted about this.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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