There are a number of options for entry clearance for the purposes of doing business in the UK. Some of these, including the first two below require a work permit whilst others such as the sole representative scheme do not.
Businessman
This category is specifically designed to encourage entrepreneurs and businessmen whose proposals will be of economic benefit to the UK. Thus individuals who can demonstrate the availability of substantial funds to invest in the UK and who wish to run a business in this country may be granted entry clearance to enter the UK as a businessman. The individual must then be occupied full time in the running of that business and cannot engage in any other employment in the UK.
Innovator
This category is designed for entrepreneurs whose proposals will result in exceptional economic benefit to the UK. It is specifically targeted towards enterprises in emerging and new science and technology based sectors, including e-commerce, although in effect it is open to entrepreneurs in all sectors who demonstrate that they may benefit from these provisions. A key difference from the businessman and investor category is that there is no requirement for personal investment to be made or for third party funding.
Business Visitors
Visas for business visitors are provided to individuals who wish to conduct business directly linked to their employment abroad. There are a number of conditions attached to this. For example, this must not constitute productive work or employment for which a work permit would be required. In addition, the individual should continue to receive their salary from their place of residence of full time work, but can receive expenses from the UK company to cover their travel and subsistence. The maximum time allowed in the UK is six months, and the visitor would normally be expected to spend no more than six out of any twelve month period in this country. Entry into the UK is at the discretion of the Immigration Officer at the port of entry, and he or she will say whether and for how long an individual may gain entry to the UK as a business visitor and you must prove your status at the port of entry in order to qualify.
Sole Representative
This is used where a company is looking to enter the UK market but does not have an existing branch of subsidiary in the UK. The sole representative must have the intention of establishing a registered office of the overseas employer. However there are a number of other stipulations including for example, demonstration that he has sufficient funds to support himself and any dependants in the UK without recourse to employment or public funds. He must be involved in the running of the business full-time and must have a controlling or equal interest in the business with a proportionate financial investment in it.
EC Association Agreement
This provides a means by which nationals of certain countries can establish themselves as self-employed in EU Member States, with rights and privileges similar to those of an EU national. This means that an applicant under an Association Agreement does not heed to invest the minimum of £200,0000 which would be required of an applicant under the Businessman rules.
The information above is designed only to provide a brief overview of the various options for business immigration. To discover more about how Adams can help you, contact our expert immigration law solicitors on 020 7790 2000 or complete our enquiry form.
