DJ Webb & Co. - Immigration Solicitors

UK BUSINESS VISA & BUSINESS RESIDENCE

BUSINESS VISAS & BUSINESS RELATED RESIDENCE
Thousands of foreign nationals come to the United Kingdom every year on short visits to pursue business opportunities, effect commercial transactions and undertake fact-finding missions.

Increasing numbers come for longer periods with work permits, as business entrepreneurs, sole representatives of overseas firms, or as investors in the UK economy.

DJ Webb & Co specialise in assisting companies in planning the recruitment or transfer of executives in an efficient and cost effective way. This includes obtaining the necessary permits and visas on time and advising on ancillary matters such as the reduction of potential tax liability.

BUSINESS TRIPS
Visitors who enter the UK for business purposes are called "business visitors". They are allowed entry to the UK with a view to "attending meetings and briefings, fact finding, negotiating or making contracts with UK businesses to buy or sell goods or services".

A visitor is prohibited from taking employment in the UK, producing goods or providing services within the UK, including the selling of goods or services direct to members of the public.

EXCEPTIONS: as a matter of administrative policy, suppliers of some services will be permitted entry to the UK as visitors. These include those delivering goods and passengers from abroad, such as lorry drivers and coach drivers, tour group couriers who are contracted to a firm outside the United Kingdom, and those coming as speakers at conferences on a "one off" basis.

If a prospective visitor is unsure whether his or her trip will qualify as a "business visit", he or she should obtain advice prior to seeking entry to the UK.

If an Immigration Officer is satisfied that the visitor meets the requirements of the Immigration Rules, then the visitor may be permitted entry for a period not exceeding six months.

PREPARING FOR A UK BUSINESS TRIP
Persons visiting the UK on business should have no difficulty entering the UK if they are conscious of the type of documents the immigration officer may wish to see and have these in their possession.

You may be asked to provide

documentary proof of the business nature of your visit (see below for details)
copies of your return ticket or ticket to the next destination
proof that you have adequate funds to support yourself (and accompanying dependants) during your visit to the UK
proof that you have a visa or permission to travel to your country of next destination.

You may also be asked whether you have any family living in the UK (see below), and whether you and any dependants travelling with you have criminal records or have been refused entry to any country.

If you wish to visit the UK on business

check whether you need to get a visa (check our UK visa requirement list)
if you require a visa, apply at your local British Embassy, Consulate or High Commission - if you intend entering the UK more than once remember to ask for a multiple-entry visa
whether you require a visa or not, be sure to have the above documents and information ready when you arrive at passport control

DOCUMENTARY PROOF OF THE BUSINESS NATURE OF YOUR VISIT
We recommend you have the following in your possession when arriving in the UK:

a short letter from your employer confirming
1. your position with the company
2. that you are travelling on behalf of the company
3. your dates of travel
4. the nature of your business activities during your visit
letters from some of the companies you will visit confirming your appointments with them

These documents will also help you to get a visa if you require one.

If you have reason to believe you may be refused a visa, or have been previously refused a visa contact us before making the visa application.

WORK PERMITS
If you are offered employment in the United Kingdom you may be eligible for a work permit in order to enter the UK and begin work.

Note that it is the employer rather than the employee that applies for a work permit.

For more information about work permits visit our UK Work Permit page.

SOLE REPRESENTATIVES OF FOREIGN FIRMS
An employee of an overseas firm that does not have a subsidiary, branch office, or other representative in the UK can seek to enter the United Kingdom as the "sole representative" of the company, ie. as their first employee in the UK.

An entry-clearance must be obtained prior to coming to the UK under this category.

The candidate should be an employee, and not the owner of the business (a minority shareholding is acceptable). The main business of the organisation should remain outside the UK.

Successful applicant’s will normally be granted an initial period of 12 months leave to remain in order to set up the subsidiary or branch office. After the first year, if the business is viable, a further three year extension can be applied for.

ASSOCIATION AGREEMENT NATIONALS
A number of East European countries have signed "Association Agreements" with the European Union which permits nationals from those countries to enter the United Kingdom and manage undertakings on a self-employed basis.

This can be done either as a sole-trader, in partnership or through means of a limited company.

A comprehensive business plan should be prepared at the outset to persuade the immigration authorities that the business is viable. This would include a narrative description of the business, including the results of any market research and a projected profit and loss account for at least the first 12 months.

The immigration authorities will need to be satisfied that the applicant will have sufficient revenue from his or her business to maintain and accommodate themselves and any dependants without recourse to public funds.

The Association Agreements have formed the basis of considerable legal debate. At present a number of cases have been referred to the European Court of Justice on the issue of whether nationals from these countries have a directly effective right of establishment in European Law. Judgment is expected next year.

For advice and assistance in Association Agreement applications Contact DJ Webb & Co.

COMMONWEALTH CITIZENS WITH UK BORN GRANDPARENTS
Citizens of Commonwealth countries whose have a UK-born grandparent may be entitled to work in the UK.

For details visit our UK Family Related Immigration page.

SELF-EMPLOYED OR ESTABLISHING A BUSINESS IN THE UK
Foreign entrepreneurs wishing to enter the UK to establish a business may do so under certain conditions.

Investment of at least £200,000 in the UK is required as well as the creation of new employment for at least two members of the resident job market.

It is crucial to prepare a comprehensive business plan in respect of the investment requirement for the new business in the first 12 months. The money has to be controlled by the applicant and disposable in the UK. The application must be made from abroad and an entry-clearance (visa) obtained.

The full investment must be made and the new jobs created within the first year the applicant’s arrival in the UK. After the entrepreneur has been in the UK for twelve months, an application can be made for a further three-year extension as long as the relevant conditions of the Immigration Rules are met.

For more information visit our UK Residence for Investors page.

RESIDENCE FOR INVESTORS
Millionaires who wish to make the United Kingdom their main home may apply to enter the United Kingdom as passive investors.

At least £750,000 must be invested in qualifying investments. Increasing numbers of wealthy foreign nationals are seeking entry to the United Kingdom under this category.

For more information visit our UK Residence for Investors page.

IMPORTANT NOTE: Material included in this site is provided for informational purposes only and does not constitute legal advice. Transmission of this information is not intended to constitute a lawyer-client relationship between DJ Webb & Co. and the user of the browser. No reader of this information should act or refrain from acting on the basis of this information without first taking professional advice on the basis of the specific facts and circumstances at issue.