HOW does one become an Approved Visitor to carry out activities as Prospective Entrepreneur?

[x2cme]

I am from the USA, currently in London on a Tourist Visa, while here was approached by a VC and told put together a BP, and open a business here... long story short... a 2 week holiday has turned into 3 months! Now, I am nearing my 6 month limit and need to get switched to a proper visa to stay and see this through.

Seems that in order to do this, I have to leave for 3 months? Seems backwards... I have viable contracts ready to employ people here, and start the business in the UK, bringing money into this country... if I leave for 3 months, that will kill these deals. ?!?

There is a mention of being able to be an approved visitor permitted to carry out activities as a prospective entrepreneur - I have scoured through everything and cannot find anything in detail about this little morsel of information.

Can ANYONE please shed light on where to go to get the FACTS on the rules surrounding this measure, PLEASE... I am short on time and really want to try and make the best decision possible that will assure a successful venture for this business.

UK visas - visitor who has been carrying out permitted activities as a prospective entrepreneur
UK Switch Visa IF a visitor who has been carrying out permitted activities as a prospective entrepreneur

Thank you all for your help... Regards.

[marcnath]

I am from the USA, currently in London on a Tourist Visa, while here was approached by a VC and told put together a BP, and open a business here... long story short... a 2 week holiday has turned into 3 months! Now, I am nearing my 6 month limit and need to get switched to a proper visa to stay and see this through.

Seems that in order to do this, I have to leave for 3 months? Seems backwards... I have viable contracts ready to employ people here, and start the business in the UK, bringing money into this country... if I leave for 3 months, that will kill these deals. ?!?

There is a mention of being able to be an approved visitor permitted to carry out activities as a prospective entrepreneur - I have scoured through everything and cannot find anything in detail about this little morsel of information.

Can ANYONE please shed light on where to go to get the FACTS on the rules surrounding this measure, PLEASE... I am short on time and really want to try and make the best decision possible that will assure a successful venture for this business.

UK visas - visitor who has been carrying out permitted activities as a prospective entrepreneur
UK Switch Visa IF a visitor who has been carrying out permitted activities as a prospective entrepreneur

Thank you all for your help... Regards.

There is no Tourist visa - there is only category of visitor visa now. And, if you are from US, why did you need a visa in the first place ?

Having said that, permitted activities would have required you to have stated that when you applied for the standard visitor visa. Since you have not done that, your only option is to leave the UK and apply from overseas.

Not sure where the three month timeframe came from ? You could leave and apply for the T1E visa the next day. Nothing stops you from running the business from abroad. Of course, if you need to be physically here that will not be possible.

[x2cme]

Thank you for your reply...

So, if I went to France for a day or two for a few meeting then return to the UK, as visitor, when I reach the checkpoint I simply state that I wanted to carry out activities as Prospective Entrepreneur while here as Visitor... then that will change my status? - this is of course if they let me at that stage?! EEEK!!! Some of them are getting really snippy these days!

Will it affect the duration I can stay or that isn't affected... still the standard 6 months - I presume...

IF they let me back into the country under 'This' status... then I can establish the headquarters, change my status... and Bob's You're Uncle... I've brought business and Jobs into England... Yay England... If they will let me.

[marcnath]

Thank you for your reply...

So, if I went to France for a day or two for a few meeting then return to the UK, as visitor, when I reach the checkpoint I simply state that I wanted to carry out activities as Prospective Entrepreneur while here as Visitor... then that will change my status? - this is of course if they let me at that stage?! EEEK!!! Some of them are getting really snippy these days!

Will it affect the duration I can stay or that isn't affected... still the standard 6 months - I presume...

IF they let me back into the country under 'This' status... then I can establish the headquarters, change my status... and Bob's You're Uncle... I've brought business and Jobs into England... Yay England... If they will let me.

I assume you have entered under the visa waiver programme and if you go to France for a day and come back that would still be under the visa waiver.

Since you don't have a visa, you can't switch your visa.

You can apply for a Standard Visitor visa from overseas stating the reason for your visit being entrepreneur exploration. However, that would almost be the same as the applying for a T1E. (slightly lesser documentation requirements for sure but possibly similar scrutiny).

[zimba]

US visitors are allowed to engage in business activities as a prospective entrepreneurs (but not working/being employed) in the UK normally when visiting for less than 6 months. US citizens are not visa nationals and are admitted as visitors on arrival and do not enter the UK under visa waiver program.

The immigration rules for visitors are clear that ALL VISITORS to the UK can act as prospective entrepreneurs which is defined as:

Prospective Entrepreneur
8 A visitor who can show support from:
(a) one or more registered venture capitalist firms regulated by the financial conduct authority; or
(b) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on www.gov.uk/government/publications/entr ... -in-the-uk; or
(c) one or more UK Government Departments; may come to the UK for discussions to secure funding from one of the above sources which they intend to use to join, set up or take over a business in the UK.

Source: https://www.gov.uk/guidance/immigration ... l-visitors

Long story short, you can do what you want to do as a visitor and do not need to worry at all. However to establish a business and start work, you need to get Tier 1 entrepreneur visa.

[marcnath]

Thanks @zimba. I stand corrected then.

[marcnath]

Actually, checking again, it looks like US Citizens would not be issued a Visa on arrival as they do not need a Visa in the first place.

The term visa waiver, however, was possibly incorrect. That term is used in the US for a similar arrangement.

https://www.gov.uk/check-uk-visa/y/usa/tourism

Which, in my opinion, leaves the same answer to the original question - OP cannot switch to T1E in the country even if the Prospective Entrepreneur criteria is met. But it is an interesting question as to whether switching only applies to a granted visa or to a granted entry clearance.

[zimba]

Correct. Visitors cannot switch to Tier 1E in the UK

[marcnath]

Correct. Visitors cannot switch to Tier 1E in the UK

To clarify, a small section of visitors can switch to Tier 1E in the UK. ie. those who have meet the Prospective Entrepreneur criteria.

a visitor who has been carrying out permitted activities as a prospective entrepreneur

https://www.gov.uk/tier-1-entrepreneur/ ... -this-visa

OPs question was whether OP would be eligible for that.

[zimba]

Well as long as you essentially can raise money in the UK from any of those three sources

[vinny]

245DD.

(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:
...
(xxiii) a visitor who has been undertaking permitted activities as a prospective entrepreneur

I don't think that a separate visitor entry clearance is now mandatory for non-visa nationals. It's part of being a standard visitor. However, here's an archive of what they used to expect for an entry clearance.