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Setting up in business (INF 10)

Guidance - Setting up in business (INF 10)
Last updated 16 July 2008

This guidance explains what you will need to do if you want to come to the United Kingdom (UK) to set up in business or under the European Community Association Agreements, and what the Immigration Rules say. It is only a guide but it aims to answer some common questions.

Do you travel to the UK frequently, either on business or for leisure or family purposes? You may be able to benefit from a long-term premium visa.

What is a business?
Under the Immigration Rules, a 'business' is:

  • a sole trader
  • a partnership, or
  • a company registered in the UK.

You must get a visa to set up in business in the UK.
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What do I need to set up in business in the UK?
To qualify, you must be able to show evidence for the following.

  • You have at least £200,000 under your control, which is available for you to use in the UK and which is held in your name (it is not held by trust or other investment arrangements), with the aim of investing it in a business in the UK.
  • You have enough extra funds to support yourself and any dependants, and live without needing any help from public funds or taking employment (other than work for the business) until the business earns you income.
  • You intend to be actively involved full-time in trading or providing services on your own account or in partnership, or in promoting and managing the company as a director.
  • You intend to keep a level of financial investment proportional to your interest in the business.
  • You intend to have either a controlling or equal interest in the business, and any partnership or directorship must not amount to disguised employment. (This is when a person claims to be running the business but is really an employee).
  • You can afford your share of any liabilities.
  • You intend to provide investment and services for which there is a genuine need in the UK.
  • You expect to receive a share of the profits from the business, which will be enough to support yourself and any dependants, and live without needing any help from public funds or taking employment (other than the business).
  • You do not intend to take or look for any other employment in the UK other than your work for the business.

If you are taking over or joining as a partner or director in an existing business, you should provide:

  • a written statement of the terms on which you will join or take over the business
  • audited accounts from the business for previous years, and
  • evidence that your services and investment will lead to an overall increase in the employment the business provides and so create at least two new full-time jobs for people already settled in the UK.

If you are setting up a new business in the UK, you should provide evidence that:

  • you will bring enough funds of your own to the UK to set up the business, and
  • the business will create at least two new full-time jobs for people already settled in the UK.

The above conditions apply to self-employed doctors and dentists.
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Can I apply under the European Community Association Agreement (ECAA)?
As well as the general rules about setting up in business listed above, nationals of Bulgaria and Romania can apply for a visa to set themselves up in business under the special provisions of the European Community Association Agreements (ECAA). If you qualify for this type of visa, you do not need a work permit.

To qualify for this type of visa, you must:

  • put into the business money that is under your control and that is enough to set yourself up in business
  • have enough extra funds to support yourself and any dependants, and live without any help from public funds or taking employment (other than work for the business) until you earn income from the business
  • receive a share of the business’s profits, which will be enough to support yourself and any dependants, and live without needing any help from public funds or taking employment (other than in the business), and
  • not intend to take or look for any other employment in the UK (other than your work for the business).

If you are setting yourself up in a new business or taking over an existing company, you must provide evidence that:

  • you are a national of either Bulgaria or Romania
  • you will have a controlling interest in the company
  • you will be actively involved in promoting and managing the company
  • the company will be registered in the UK and be trading or providing services in the UK
  • the company will own the assets of the business, and
  • you are taking over or joining an existing business, and providing audited accounts for the past three years.

If you are setting yourself up in self-employment or as a partner in an existing business, you must provide evidence that:

  • you are a national of either Bulgaria or Romania
  • you will be actively involved in trading or providing services on your own account or in partnership in the UK
  • you alone, or together with partners, will own the assets of the business
  • where you are a partner in a business, your part in the business will not amount to disguised employment (see above), and
  • you are taking over or joining an existing company and providing audited accounts from previous years.

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How do I qualify as a member of the legal profession?
Members of the legal profession can qualify under special concessionary arrangements outside the Immigration Rules. Applications are referred to the Home Office in the UK.

Solicitors and law consultants setting up or entering into a partnership in an existing practice in the UK, and barristers setting up in chambers, can enter the UK as long as the following evidence is provided or action taken.

Barristers:

  • You must produce a letter of admission from the General Council of the Bar (England and Wales, Scotland or Northern Ireland) or evidence of a place in chambers.
  • You must have enough funds to meet a share of the cost of renting chambers and paying staff salaries.

Solicitors:

  • You must produce a letter of admission to the Roll of Solicitors from the appropriate law society (England and Wales, Scotland or Northern Ireland).
  • You must have enough funds to either set up a new practice or enter into partnership with an existing practice from which you will receive a share of the profits.

Consultants in overseas law

  • You must show evidence of your qualifications.
  • You must produce a letter from the appropriate law society (England and Wales, Scotland and Northern Ireland) confirming that there is no objection to you being given entry clearance for this purpose.
  • You must have enough funds to either set up a new practice or enter into partnership with an existing practice from which you will receive a share of the profits.

The requirements for investment and job creation do not apply for people setting up in business within the legal profession in the UK.

The requirements for maintenance and accommodation are the same as for the other types of business covered in this guidance.
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Can my dependants join me in the UK?
Your husband, wife, civil partner or eligible partner and children under 18 can join you as your dependants in the UK if:

  • they have a visa for this purpose, and
  • you can support them and live without needing help from public funds.

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Do I need a visa?
Yes. You must have a visa before travelling to the UK. If you arrive in the UK without one, you will be refused admission to the UK.
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What is a visa?
A visa is a certificate that is put into your passport or travel document by an Entry Clearance Officer at a British mission overseas. The visa gives you permission to enter the UK.

If you have a valid UK visa, we will not normally refuse you entry to the UK unless your circumstances have changed, or you gave false information or did not tell us important facts when you applied for your visa.

When you arrive in the UK, an Immigration Officer may ask you questions, so take all relevant documents in your hand luggage.
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How do I apply for a visa?
You can apply in a number of ways, for example by post, by courier, in person and online. The visa section will tell you about the ways in which you can apply.

Some visa sections will only accept applications made online. To find out if you can apply for your visa online please visit www.visa4uk.fco.gov.uk

If you cannot apply online you will need to fill in a visa application form VAF 2 – Employment. You can download the form from this website, or get one, free of charge, from your nearest visa application centre.

In some countries, if you are applying for a visa to stay in the UK for more than six months, you may need to be tested for active tuberculosis before we will accept your application. You can find out if you need to be tested by using our Do I need a visa? questionnaire on the homepage of this website, or by contacting your nearest visa application centre.
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What are visa application centres?
In some countries, we are working with commercial companies to run visa application centres (VACs). The VACs are in largely populated areas, making it easier and more convenient for people to apply for a UK visa. Trained staff at each VAC deal with all visa enquiries and applications. They collect your biometric information (see the relevant section of this leaflet) along with the relevant fees, and provide information on the application process, including whether or not you have included all the necessary documents. Entry clearance staff at the British mission will then consider your application and decide whether to issue or refuse your visa. VAC staff have no say in this decision.
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What will I need to make my application?
You will need to make your application online or fill in the following visa application form:
 
  Application form VAF2 - Employment
  Employment form guidance notes

You will also need the following:

  • Your passport or travel document.
  • A recent passport-sized (45mm x 35mm), colour photograph of yourself. This should be:
    • taken against a light coloured background
    • clear and of good quality, and not framed or backed
    • printed on normal photographic paper, and
    • full face and without sunglasses, hat or other head covering unless you wear this for cultural or religious reasons (but the face must not be covered).
  • The visa fee. This cannot be refunded and you must normally pay it in the local currency of the country where you are applying.
  • The documents referred to above that relate to the type of business you are applying for entry clearance to set up in the UK.

You should include all the documents you can to show that you qualify for entry to set yourself up in business. If you do not, we may refuse your application.

We will refuse your application if we find that any documents are false.
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What do my dependants need to make an application?
Your dependants will need to make their application online or fill in the following visa application form:

  Application form VAF2 - Employment
 Employment form guidance notes

They will also need the following:

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What is 'biometric' information?
All UK visa applicants, save for those benefiting from a limited number of exemptions and exceptions, are required to provide biometric data (10-digit finger scans and a digital photograph) as part of the application process.

You will have to go to your nearest visa application centre in person to provide your biometrics. In those countries where there is no visa application centre, you will need to go to the British mission.

Your visa application will not be processed until you have provided the necessary biometric information. The finger scans are electronic so staff do not need to use any ink, liquid or chemicals. You will have your digital photograph taken at the same time and the whole procedure should take no more than five minutes to complete. You should make sure that you do not have any decoration (such as henna), or any cuts or other markings on your fingertips before having your finger scans. You should also make sure that if you have any cuts and bruises on your face, they have healed or disappeared before you have your photograph taken. Digital photographs must be of your full face and you should not wear sunglasses, a hat or any other head covering (unless you wear it for cultural or religious reasons but the face must not be covered).
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What will happen when I make my application?
The Entry Clearance Officer will try to make a decision using your application form and the supporting documents you have provided. If this is not possible, they will need to interview you.

Please check your visa when you get it. You should make sure that:

  • your personal details are correct
  • it correctly states the purpose for which you want to come to the UK, and
  • it is valid for the date on which you want to travel. (You can ask for it to be post-dated for up to three months if you do not plan to travel immediately.)

If you think there is anything wrong with your visa, contact the visa section immediately.
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What are public funds?
Under the Immigration Rules, if you want to travel to the UK you must be able to support yourself and live without claiming certain benefits. A full list of public funds is available on the UK Border Agency website.

You can find more information about public funds in the Immigration Directorate Instructions (IDIs) and Immigration Rules on the UK Border Agency website.
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More advice and information

Where can I get immigration advice?

If you need help with your application or advice about the UK’s immigration rules and requirements, you should seek advice from a qualified immigration adviser.  In the UK these are immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC– www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies.  The Law Societies of England, Wales, Scotland and Northern Ireland and the Institute of Legal Executives can provide a list of Law Firms who can advise on immigration matters.  Their websites are:

Law Society of England and Wales

Law Society of Scotland

Law Society of Northern Ireland

Institute of Legal Executives

For more advice and information about extending your stay once you are in the UK:

The UK Border Agency
Croydon Public Caller Unit
Lunar House
40 Wellesley Road
Croydon CR9 2BY
Phone: (+44) (0)870 606 7766 (general enquiries)
Phone: (+44) (0)870 241 0645 (application forms)
Email: indpublicenquiries@ind.homeoffice.gsi.gov.uk
Website: www.ukba.homeoffice.gov.uk

For advice on bringing personal belongings and goods into the UK contact:

HM Revenue & Customs
Dorset House
Stamford Street
London SE1 9PY
Phone: (+44) (0)845 010 9000
Website: www.hmrc.gov.uk

Drugs warning
Anyone found smuggling drugs into the UK will face serious penalties. Drug traffickers may try to bribe travellers. If you are travelling to the UK, avoid any involvement with drugs.

False documents
It is better to explain why you do not have a document than to submit a false document with an application. Applicants will be automatically refused and may be banned from coming to the UK for 10 years if they use a false document, lie or withhold relevant information.  They may also be banned if they have breached immigration laws in the UK.

Travellers to the UK who produce a false travel document or passport to the UK immigration authorities for themselves and/or their children are committing an offence. People found guilty of this offence face up to two years in prison or a fine (or both).

Alternative formats
In the UK we also have versions of our guidance notes in Braille, on audio tape and in large print. If you would like any guidance notes in one of these formats, please contact us:

UK Border Agency, Visa Services Directorate
London SW1A 2AH

Further information

 

The official British Government website for visa services

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