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new T1E applicant investment for company

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

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mapreader
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new T1E applicant investment for company

Post by mapreader » Mon May 06, 2019 12:01 am

Dear all,

On my T1E visa I invested in a company as director.

Recently my company worked with an immigration agency to have more invester on board. The agency submitted application for a new T1E and it was approved.

There was an agreement signed, indicating provided the visa was approved, the new invester will come on board with the GBP 200K invested in my company. However at this point, the immigration agency is asking my company to provide much more documents (e.g. latest financial report) for their verification. We tried our best to co-operate, but the immigration agency is not very responsive for their review after receiving those documents. It is already 2 months since the visa was approved, but the investment was still held up.

I think the immigration agency+ the new T1E have considered our company situation already before their application submission. They have obligation to arrange the investment timely, and I am thinking of ways to enforce this.

If I file an update to Home Office about the situation with this T1E applicant (where this T1E applicant might finally not invest the 200K in my company as stated in the business plan for the visa applicaton), will Home Office review/revoke the granted visa (based on consideration it may be a fraudulent application)?

Frankly speaking I do not want to do anything to impact the visa status of the applicant. Just want to protect my company's interest, and seek any sound case that can help negotiating with the immigration agency to speed up the investment process.

I know this is not like the questions we usually have in this forum. But as this is also related to T1E applicaton, wish to get any advice as relevant to the situation.

Thanks in advance.

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Frontier Mole
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Re: new T1E applicant investment for company

Post by Frontier Mole » Mon May 06, 2019 12:46 am

So you have already fully invested your £50k or £200k? You are / were just looking for further investment in your business?

Any involvement with immigration agencies in the manner you describe is likely to be dubious at best and fraud at worst. There are a good few of these “agencies” offering set up schemes to individuals that do not have the money. For a large fee they “supply” the funding and get the individual through the visa application and then it is up to the individual to sort themselves out in whatever way they can over the next three years.

I would not be surprised if the agency used your documents to support the application as an easy option. Please tell me you did not pay a fee to the agent for their “help”?

mapreader
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Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: new T1E applicant investment for company

Post by mapreader » Mon May 06, 2019 11:22 am

Thanks Frontier for your message.

Yes I have fully invested my required amount. The company is looking for further investment for expansion.

We have not paid any fee to the agency, just spending (quite some) time to support the process.

For the scenario you mentioned, I hope reporting to Home Office would help to protect the company's interest.

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marcnath
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Re: new T1E applicant investment for company

Post by marcnath » Mon May 06, 2019 12:00 pm

mapreader wrote:
Mon May 06, 2019 12:01 am
Dear all,

On my T1E visa I invested in a company as director.

Recently my company worked with an immigration agency to have more invester on board. The agency submitted application for a new T1E and it was approved.

There was an agreement signed, indicating provided the visa was approved, the new invester will come on board with the GBP 200K invested in my company. However at this point, the immigration agency is asking my company to provide much more documents (e.g. latest financial report) for their verification. We tried our best to co-operate, but the immigration agency is not very responsive for their review after receiving those documents. It is already 2 months since the visa was approved, but the investment was still held up.

I think the immigration agency+ the new T1E have considered our company situation already before their application submission. They have obligation to arrange the investment timely, and I am thinking of ways to enforce this.

If I file an update to Home Office about the situation with this T1E applicant (where this T1E applicant might finally not invest the 200K in my company as stated in the business plan for the visa applicaton), will Home Office review/revoke the granted visa (based on consideration it may be a fraudulent application)?

Frankly speaking I do not want to do anything to impact the visa status of the applicant. Just want to protect my company's interest, and seek any sound case that can help negotiating with the immigration agency to speed up the investment process.

I know this is not like the questions we usually have in this forum. But as this is also related to T1E applicaton, wish to get any advice as relevant to the situation.

Thanks in advance.
Seems quite dubious.

I trust you are aware that when you have a second T1E person joining your company, you will need double the employment creation (2 jobs for you and 2 separate ones for the investor), the investor will need to be director of the business also.

If the agency has not made those clear to you and have not got you to agree to those in writing, it is more than likely that the scenario is exactly when Frontier Mole surmised.

Up to you whether you want to report it or not, but I can't see how it would impact your company negatively unless you have made some written commitments.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: new T1E applicant investment for company

Post by mapreader » Mon May 06, 2019 11:24 pm

Thanks Marcnath for your feedback.

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Frontier Mole
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Re: new T1E applicant investment for company

Post by Frontier Mole » Mon May 06, 2019 11:56 pm

Some questions that might lead the way to wither you decide to discuss the matter with the Home Office or not:

Did you personally see the amount of funds the investment partner has proposed in a bank account - preferably as an real time online view of the account? A paper document is worthless in real terms as it is easy to manufacture such paperwork. If the funding evidence was not seen by your lawyer and verified at the time of the agreement then something is very a miss.

In your agreement with the investment partner how soon were the funds to be transferred to the business. Has that agreed period now been exceeded? If the period has been breached your better option is to use the leverage of the Home Office rather than a costly and perhaps futile legal battle to get the funding. But see below about your investment partners right to set up their own business.

Has the investment partner been made a director of the business? Is the investment to be as a directors loan or a purchase of shares?

How often do you communicate with the investment partner - it just appears that you do not communicate directly, which is a bit odd given they will be a director/ partner in the business. Is the individual not actually involved in the business at this stage? If not involved why are they here at all? I am assuming you have asked the investment partner directly for the funds in person. If contact is made through the agency then your investment partner is not here to invest in your business at all. They may well be setting up their own business and have no intention at all about investing in yours. They are entitled to do so and any HO involvement would not end in their visa being curtailed.

How long has the investment partner been in the UK? Are you aware of the funds being transferred to the UK? But note above about setting up their own business.

In essence the answers to the above should point to an overall view of the investment partner and wither you are likely to get investment or even if reporting them to the HO will achieve anything.

mapreader
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Posts: 49
Joined: Sat Jul 28, 2018 4:59 pm
Hong Kong

Re: new T1E applicant investment for company

Post by mapreader » Tue May 21, 2019 10:32 pm

Thanks Frontier Mole for your feedback and points raised. And sorry I have missed out your thread previously.

We are still working on this matter. I shall share more updates to feedback your questions brought up.

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