UK Entrepreneur Business Visa lawyers and barristers in Delhi and India

The UK Tier 1 Entrepreneur (Business) visa is granted to individuals who wish to set up a business or take an over an existing business in the UK. Prospective applicants can either be residing within the UK or overseas, the UK immigration laws allow individuals of both these categories under the Tier 1 Visa route which has been especially introduced to enable non-European business men and women to invest and set up their businesses or take over businesses within the UK.

 

Why instruct us?

 

Tier 1 Visa applications have a very detailed and exacting criteria. Many applications are often arbitrarily rejected due to incomplete, insufficient or incorrect information being given. Often may genuine applicants have otherwise good applications rejected due to these reasons.

Lex Meridian provides a bespoke UK business-visa immigration service directly from Delhi and India. Increasingly business visas to the UK have become an integral part of International business by many Indian companies, entrepreneurs and high-net worth individuals.

 

Expert advice and guidance on the Business visa process and applications is critical.

 

The Applicants are evaluated strictly on a points-based system. The UK Border Agency (‘UKBA’)   will assess the merits of an entrepreneur’s investment plan and scrutinise their business models, financial viability and overall credibility. The applications are screened thoroughly upon the basis of a pre-structured eligibility criterion. Each criteria has specific points attached to it in order to secure the ‘grant of leave’ stage. This term has two connotations. In case of overseas applicants, one is applying for an entry clearance. Applicants within the UK apply for a ‘further leave to remain’.

The UK is keen to encourage innovation and opening their markets, especially to commonwealth countries  and entrepreneurs and  India  is no exception to this trend

Recently the British Prime-Minister, David Cameron was  in India for a three-day visit. He voiced his opinions on India and UK trade relations, he was quoted saying that he hopes that these two countries forge one of the “greatest partnerships of the 21st Century”. Downing Street says that Mr Cameron has taken with him the largest trade delegation taken overseas by any UK prime minister.His delegation included BAE Systems, Rolls-Royce, and London Underground. Discussing the business relationship between the two countries, Mr Cameron declared his intention to make the UK’s visa process easier for Indian business people. “We are introducing today a same-day visa service for business people who want to come to Britain for linking up their businesses for trade and other things like that,” he said. Addressing employees at the Unilever headquarters in Mumbai, he spoke of India’s rise and described it as “one of the great phenomena of this century”.“Britain wants to be your partner of choice. We’ve only just started on the sort of partnership that we could build. As far as I’m concerned, the sky is the limit,” he said.Such declarations by the British Government opine the intention of the country to foster its trade relations with India. Accordingly the immigration rules have been amended to live up to the expectations of the applicants.

 

Key criteria for Tier 1 (Entrepreneur visa)

 

Criterion Details Points Check
Access to £50,000 to £200,000 investment funds Nature of funds-

  • held in 1 or more regulated financial institutions
  • Disposable funds, i.e. free to spend  on business in the UK
25 points for each category. Yes
Knowledge of English Nature of Proficiency in English-

  • pass an approved English Language Test with at least CEFR level B1 in reading, writing, speaking and listening
  • have an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelors degree
10 Yes
An approved source of funding Source of investment funds:

  • Venture capital firm registered with the Financial Conduct Authority (FCA)
  • UK entrepreneurial seed funding competition endorsed by UK Trade and Investment (UKTI)
  • UK government department making funds available for the purpose of setting up or expanding a UK business

Funds excluded:

  • own money
  • money from any other third parties
25 points for each category. Yes
Sufficiency to support yourself during your stay Minimum limits to show sufficiency of funds are different for overseas applicants and applicants within the UK. Mentioned-below are the prescribed amounts:-

  • Overseas applicants-  £3,310
  • Applicants within the UK – £945

The personal savings must reflect in your bank account for 90 consecutive days before you apply.

You can’t use either of the following to support yourself:

  • money from your investment funds
  • money earned while working in the UK illegally
10  Yes

 

Other quick-facts-

1. Tier 1 (Entrepreneur) visa fees depends on:

  •   Place of application and
  •   Manner in which it is applied for (online/post/in person)

2. Tier 1 applicant types-

  • Graduate Entrepreneur,
  • Exceptional Talent,
  • Investors (minimum £1,000,000 investment required) and
  • Post-study worker (now closed)

3. Funds:-

Alternatively, the applicant can also show access to £200,000 in investment funds. This can be done by proving it is the applicant’s money or has been made available to him/her by third parties, which can include the applicant’s husband, wife, partner or investor. The funds can also be held in a joint account with the applicant’s spouse or partner provided they aren’t applying for a Tier 1 (Entrepreneur) visa too.
Funds invested in an existing UK business can also be used subject to certain requirements.

4. Duration of Visa-

  • 3 years and 4 months;
  • Further extension of another 2 years if you’re already in this category and 3 years if you’re switching to it from another category;
  • Can even apply for an ‘indefinite leave to remain’ (if been in the UK for 5 years).

5. The visa entitles you to-

  •  set up or take over the running of 1 business or more
  •  work for your business, including being self-employed
  •  bring family members with you

The immigration rules are quite technical. Often new start-ups and ventures maybe refuse visas on very technical mistakes. This has the effect of creating bad immigration history and may result in the refusal of a UK Business visa that is subsequently made. To avoid such situations, it is most appropriate to take professional legal help for a hassle-free visa approval.

Further, there maybe other issues such as demonstrating the legitimate source of the entrepreneur funds and ensuring that the holding of monies is compliant with both UK and Indian financial and regulatory laws such as RBI clearance requirements. At Lex Meridian we have the requisite  expertise and experience to guide our clients throughout the whole application process including advice, resistance and representation in Tier 1 Entrepreneur (Business-visa) refusals. We have with us expert UKL immigration lawyers and barristers in Delhi who are dually qualified to appear before the English courts, all immigration tribunals as well as the Indian courts.

 

Our Other Immigration Services:

  • UK Employment Visas    read more