Immigration Opportunities for Foreign Entrepreneurs

1. THE UNITED KINGDOM –
UK IMMIGRATION OPPORTUNITIES FOR FOREIGN
ENTREPRENEURS
INTERNATIONAL REFERRAL GROUP CONFERENCE
LONDON
28 TH SEPTEMBER 2012
Graeme Kirk
Senior Partner
Gross & Co.
83/84 Guildhall Street 87 Wimpole Street
Bury St. Edmunds London
Suffolk W1G 9RL
IP33 1LN
Email: gdk@gross.co.uk

2. CONTENTS
1. INTRODUCTION
2. EUROPEAN ECONOMIC AREA RIGHTS
3. TIER 1 (ENTREPRENEUR)
4. TIER 1 (INVESTOR)
5. TIER 5 (INTERNATIONAL AGREEMENT)
6. REPRESENTATIVE OF OVERSEAS BUSINESS
7. FAMILY RIGHTS
8. PERMANENT RESIDENCE

3. 1. INTRODUCTION
1. Despite anti-immigration rhetoric the UK Government remains
extremely keen to encourage foreign investors and
entrepreneurs to take up residence in the UK.
2. Main routes leading to permanent residence:-
a) Tier 1 (Entrepreneur)
b) Tier 1 (Investor)
c) Representative of overseas business

4. 2. EUROPEAN ECONOMIC AREA
RIGHTS
(a) All citizens of European Union countries and Norway, Iceland,
Switzerland and Liechtenstein have the right to reside in the UK
and establish or invest in a UK business.
(b)In addition, there are special rights for Turkish citizens under
Ankara Agreement to establish or invest in UK businesses with
no minimum capital requirements.

5. (3) TIER 1 (ENTREPRENEUR)
(A) Main Requirement
1) £200,000 available to invest in UK business. Two business partners can share funds.
2) Funds can belong to third party.
3) In addition, minimum balance of £3,100 and £1,800 for each dependent in Applicant’s bank account for
three months prior to application.
4) English language requirement e.g. English language country or Degree, or English language test.
i.e IELTS 7.0
5) Applicant must spend 185 days in UK per year
(B) Initial visa granted for 3 years.
(C) 2 year Extension granted provided that:
(i) £200,000 has been invested in one or more UK businesses.
(ii) Equivalent of 2 full time jobs created for UK citizens or permanent residents for
12 months
(iii) Minimum balance of £900 and £600 for each dependent in bank account for last 3 months.
(D) Permanent residence after 5 years if above conditions continue to be met

6. 4. TIER 1 (INVESTOR)
(A) Main route for high net worth individuals to come to UK.
(B) Main Requirements
(i) Proof of £1million available to invest in UK; OR
(ii) Proof of net worth of £2million, with available bank borrowing of £1million.
(iii) Requirement to invest £750,000 in UK Government Bonds or Shares or
Loan Capital of registered UK Companies. Balance can be invested in any
asset class, but £1million must maintain value.
(iv) No English language requirement.
(v) 185 days minimum per year in UK.
(vi) £1million must arrive in UK and be invested within 3 months of Applicant’s
arrival in UK and must remain invested.
(D) £10million Scheme – PR after 2 years
£5million Scheme – PR after 3 years
£1million Scheme – PR after 5 years – 3 + 2

7. 5. TIER 5 INTERNATIONAL
AGREEMENT
(1) Tier 5 visa allows employee of overseas Company from
GATTS signatory countries with contract with UK Company to
travel to UK over 2 year period to perform contract on behalf
of overseas employer.
(2) UK customer must hold Tier 5 (International Agreement)
Licence from UK Border Agency.
(3) Overseas national must remain employee of overseas employer
at all times.

8. 6. REPRESENTATIVE OF OVERSEAS
BUSINESS
(1) Allows foreign Company with no branch, subsidiary or representative in UK
to send one senior employee to UK to establish UK branch or subsidiary
and act as Managing Director.
(2) Representative cannot be owner or majority shareholder of parent
Company.
(3) Headquarters of business must remain overseas.
(4) UK branch or subsidiary must carry on same business activity as parent
Company.
(5) Representative must be paid appropriate salary for senior position and have
full powers of managing Director.
(6) Initial visa – 3 years
Extension – 2 years
PR – 5 years

9. 7. FAMILY RIGHTS
1. With all categories discussed (other than Tier 5), the main
Applicant may bring spouse/unmarried partner/civil partner and
children under 18 to the UK as dependents.
2. EEA nationals may bring spouse/unmarried partner/civil
partner and children under 21 and overage dependent children
as dependants.
3. All family members are in principle allowed to work or engage
in business in the UK

10. 8. PERMANENT RESIDENCE
(INDEFINITE LEAVE TO REMAIN)
(1) ILR is normally granted after 5 years of temporary residence.
(2) Possibility of accelerated rights to ILR under:-
(a) Tier 1 (Entrepreneur) – after 3 years
(b) Tier 1 (Investor) – after 2 or 3 years
(3) No right to ILR under Tier 5
(4) Once ILR obtained, all immigration restrictions removed.