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Immigration and Nationality
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Your Immigration Choices
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- Newsletter Summer 2008
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Your Immigration Choices
Business and Investing – The Main Categories
People who come to the UK in a category described on this page will be allowed to stay in the UK for a fixed period. They can apply to extend their stay, and if they stay in the UK for long enough, they can ultimately apply for settlement (Indefinite Leave to Remain – ILR) in the UK.
Check our articles for information on recent developments.
It is important to explore your options and work out which category is best suited to you. Contact us to find out how we can help you to identify the best application for you and assist you in making that application.
Business People
This route for entry and leave to remain in the UK has now been deleted. Anyone wishing to enter the UK or to extend their existing stay as a business person must now apply as a Tier (1) Entrepreneur. Details of how to make such an application are provided on the UKBA website athttp://www.ukba.homeoffice.gov.uk/workingintheuk/tier1/entrepreneur/
Innovators
This route has also now been closed to new applicants. People wishing to come to the UK in order to invest or to work must apply under the appropraite subcategory of Tier 1 of the points based systemInvestors
Gherson and Co took one of the leading cases on investors and their rights to settlement in the UK.However with the exception of applications for indefinite leave to remain in this category. the investor route has now been replaced by the Tier 1 (investor) subcategory of the points based system. Those with leave under the investor immigration route may apply to extend their stay in the UK under the corresponding category of Tier 1 (i.e. Tier 1 (Investor)) as well as under Tier 1 (Entrepreneur).
The criteria for a successful application for entry clearance or for leave to remain are not greatly different from the previous investor route., and Gherson's experience in the former category makes the firm ideally placed to assist and to advise anyone wishing to apply under Tier 1.
Sole Representatives
This allows one person, who must not be an EEA national, to come to the UK to establish a first commercial presence in the form of a branch or wholly-owned subsidiary for a company based overseas. "Sole" means what it says; if a company then wants to send a second person to the UK it will have to obtain a work permit for the second person.
The company must be based overseas and if you are to be the sole representative, you must have been recruited outside the UK. You must have the power to make decisions on behalf of the company and be employed full-time by the company You must not be a majority shareholder.
