One can seek entry clearance or apply for variation of leave to remain while remaining in the UK on certain immigration categories. This is an immigration category where applicants can come and start or take over any business in the capacity of Sole trader or partner or director of a company and also need to fulfil certain rules to qualify for this immigration status.

2. Conditions to fulfil in order to apply for a Business Visa

The person who intends to enter or remain in the UK, as a Businessperson needs to fulfil certain following rules and regulations:

He can either establish a new business or take over an existing business, which might be taking over or establishing himself as: a Sole Trader, Partner or director of the company.

Establishing a new business

• He needs to invest at least £200,000 into the business.
• He needs to create at least two full time jobs for persons settled in the UK.

Taking Over existing Business

He needs to provide documentary evidence of the following:

• He needs to invest at least £200,000 into the business.
• Documents detailing the terms and conditions of the take over or joining the business.
• Audited accounts of the business for the previous years.
• Evidence that his services and investment will result in a net increase in the employment provided by the business to persons settled here to the extent of creating at least 2 new full time jobs.

He also needs to strictly comply with the following rules, in addition to the ones mentioned above:

• He must have at least £200,000 in his own name and which he intends to use and invest in the UK.
• Until his business brings profits, he must have some additional funds available to him to maintain and accommodate himself and any dependants without recourse to public funds or any other employment other than related to the business.
• He must actively involve full time in the trading and management of the business whether it be working as Sole Trader, Partner or Director. o His level of financial evidence should be proportional to his interest in the business.
• The person must have either controlling or at least equal interest in the business that should not amount to a disguised employment.
• The person should be able to bear all his liabilities and responsibilities.
• It also needs to be proved that there is a genuine need for the investment or services in the UK.
• The share of the profits of the business should be sufficient enough to maintain and accommodate him or his dependants without taking further employment or recourse to public funds.
• The person must not have any intention to supplement his income by taking any employment not allowed in this specific immigration category.

3. What Documents to Submit?

The entry clearance application for this type of immigration category needs to be submitted along with some or all of the following documents:

• Agreement of taking over or joining the business in the UK.
• Copies of previous annual accounts of the business in the UK.
• Other documentary evidences that prove the establishment of business in the UK.
• Business plan for the new venture.
• Bank statements of the applicant.
• Source of income of the money.
• Documentary evidence of any work experience of the applicant, which is relevant to the business.

This is not an exhaustive list and the British Diplomatic post or the Home Office may need to ask for further information / documentary evidence. However, in addition to the above documents the applicant needs to provide the following:

• Original Passport of the main applicant and those of dependants, if any.
• Two Pictures of the main applicant and the dependants, if any.
• Fees for the application.
• Proof of the relation of the dependants with the main applicant.
• Original bank Statements for the last 3 months.
• Any memberships of professional bodies.

4. Duration of Visa

The maximum period for which an entry clearance for a businessperson could be sought is 2 years. However, the applicant can always apply for an extension of leave to remain in this category, which can be granted by the Home Office for another 3 years.

5. Work Allowed

Business Persons can establish a commercial presence of their business or work as a partner or director having an equal or more than that share of interest and liabilities in the Business.

6. What is not allowed?

Business Persons are only allowed to work that does not come within the ambit of their business. They are therefore not allowed to take any sort of (full time or part time) employment paid or unpaid while remaining in the UK.

7. Extension of Leave to remain

In addition to the above-mentioned requirements the Business Person needs to provide audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the UK. However, the home office may require more documentary evidence as proof of this fact.

The maximum duration for which an extension can be sought is three years thus making a total of four years.

8. Spouse / Children

Business Persons can invite their spouse / children to join them as their dependants for the time of their leave to remain provided they could support their families without recourse to public funds or further employment.

9. Switching Rules

Since 01^st of October 2004, there have been some major changes in the switching rules. Business Persons can now only switch their immigration status to the following immigration categories without leaving the UK provided they qualify for the specific category:

• Spouse Visa (Provided the applicant has been issued a student visa for more than 6 months initially and he has got more than 3 months of his current leave to remain).
• Religious Minister (provided they have lived as a student for 12 months and fulfil all the requirements to apply as a Religious Minister.
• Retired persons of Independent means
• Innovators
• Investor

10. Settlement Prospects

Business Persons who have remain in the UK for 5 years can apply for an indefinite leave to remain in the UK provided they have continuously met all the requirements of the Business persons during the 5 years of leave to remain in this capacity.