Business visa 3rd Year

[gopesh]

Asking for my friend who's business visa is due in next year for extension.....

I got the Tier1- Entrepreneur £200K visa in July 2015 under my limited company which was formed in November 2014. I have done almost £35-40K investments in this company. I have 3 full time staff with restaurant operations.

My entrepreneurial team partner has invested almost £140K in the other company with 1 full timer ; which I am not a director yet. When we got the visa we had decided that we will keep two separate businesses for first 2 years and will join each other for the extension in the final year as UKVI needs last year's paperwork( this opinion was given by visa consultant initially)

So do I need to be a director in all companies from the beginning for the extension?

TIA

[zimba]

Not necessarily. You and your team member's extension application will be separate and decided on its own merits anyway.
However you cannot claim any investment done or employment created before you joined as a director a company.
Also if you join an existing business, you need to send extra job creation evidence as explained in the guide (if you want to claim any employment from such company)

[Aab1988]

Hi Zimba

Do you mean that Entrepreneur team Members Mr A and Mr B needs to be a director of both the companies before the job has been created to claim the points for job creation for example in the case above mr A have 3 jobs and mr B has 1 job and they are directors of only One company or become a director in each other's company later after the other member has created a job can they claim points for job created in each other's company because they are entrepreneur team

[zimba]

Both had to be directors when jobs were created. As I said above, you cannot simply join a business and claim the jobs which already existed. If your read the guide, you understand that you cannot claim such jobs. You and your team member can share evidence of the jobs that both of you created together, not separately. If you made any investment or created jobs separately on your own, you cannot share it with your team member

[Aab1988]

Ok thanks Zimba for your advice one last question if Mr A has invested as share capital in company ABC and Is 100% shareholder and Mr B has not invested in the company and hold 0 % shares but is the director in the company can Mr B still claim for job points if the job was created after he is a director but not a shareholder in a company as money was invested by Mr A as share capital

[zimba]

Possibly. But given that Mr B has joined an existing business that way, he can only claim points for the NET increase of the jobs after joining.
He also must send extra evidence showing this as explained in the guide.

[Aab1988]

Hi Zimba

168. Where you have taken over or invested in an existing business, your services and Investment must have resulted in the businesses providing, between them, the equivalent of 2 extra full-time jobs. These jobs must have been taken by people who are settled in the UK and must have existed for at least 12 months each.

171. If you entered the Tier 1 (Entrepreneur) route as part of an entrepreneurial team, both team members can use the same evidence for creating employment. Multiple Tier 1 (Entrepreneur) migrants who invest in the same business and are not part of an entrepreneurial team may not use the same evidence of job creation.

Bro it says that if your services and INVESTMENT have resulted in 2 jobs as Mr B has not investment any money he just joined the existing business of Mr A who has invested as share capital and owns 100% shares do you think it can be a problem for Mr B for job claim point?

Please note as discussed above Mr A and B are in same entrepreneur team.

Sorry to ask ask you this question again as your reply above seems that it won't be a problem I m asking u this i have applied for my second application and so just double confirming from you again as you got more knowledge than most of the solicitors

[zimba]

Table 5, immigration rules Appendix A says:

(b) taken over or invested in an existing business or businesses and his services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least two new full time jobs.

So it is EITHER the services or the investments !!

[Aab1988]

Thanks Zimba