Business Immigration

Business Immigration subsections

Tier 1 Investor Visa

The UK Tier 1 (investor) visa provides those of high-net-worth with entry into the UK and the opportunity to invest in one of the strongest economies in the world.

Our immigration solicitors can advise you or your representatives on obtaining an Investor Visa. We can also put you in touch with wealth advisors and investment companies here in the UK who can invest your funds for you.

The immigration lawyers at OTS Solicitors are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of Immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully obtaining Investor Visa for clients worldwide, including applicants from Russia, China, India and the Middle East.

Eligibility criteria for a Tier 1 (investor) visa

The investor route is for high-net worth individuals who will be making substantial financial investments in the UK. The main advantages of the Tier 1 (investor) visa are:

it allows for unrestricted self-Employment and Employment in the UK for you and your spouse/partner—with the exceptions that a Tier 1 (investor) migrant will not be eligible to work as a doctor or dentist in training (unless particular circumstances apply) or as a professional sportsperson (including as a sports coach)
it provides an accelerated route to Indefinite Leave to Remain (ILR) after two years for those who are willing to invest at least £10 million, or after three years for those who are willing to invest at least £5 million
there is no English language requirement
you can buy property and register your children in schools straight away

Applicants must have control of £2 million of their own funds (they cannot be obtained via a loan), which must be held in a UK or overseas-regulated financial institution and be disposable in the UK. These funds must be invested within three months of arrival in Britain. Investment options include UK government bonds, or share or loan capital in active and trading UK-registered companies (these are termed 'qualifying investments'). If granted entry clearance, you can delay this three-month period so that it starts on the date you first enter the UK (provided that you keep evidence of your arrival). Failure to invest the minimum £2 million in qualifying investments within the relevant three-month deadline, or to maintain your investments at this figure from that point on can result in your leave to stay in the UK being cut short.

The portfolio of qualifying investments must be managed in the UK by a financial institution which is regulated by the Financial Conduct Authority and, where relevant, the Prudential Regulation Authority. We can put you or your representatives in touch with registered wealth managers and investment experts.

Obtaining a Tier 1 (investor) visa can be a complex process, and with so much capital at stake, you need to engage a solicitor who is not only familiar with Immigration law, but also understands business.

Why choose OTS Solicitors

By engaging our immigration lawyers to help you secure a Tier 1 Investor Visa, you can be confident that the application process will go smoothly. And when it comes to applying for settlement, we will assist you with obtaining both Indefinite Leave to Remain and British Citizenship.

To discuss applying for a Tier 1 Investor Visa, please feel free to contact our best business immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Tier 1 Entrepreneur Visa

Our immigration lawyers understand the needs of entrepreneurs. We understand the commercial pressures you face, the opportunities you want to take advantage of and the never-ending demands on your time.

Our immigration solicitors are here to help you enter the UK through the Entrepreneur route quickly and smoothly, so you can get on with business.

Are you eligible for a Tier 1 Entrepreneur Visa?

If you want to setup and run a business in the UK, you will have to successfully apply for a Tier 1 Entrepreneur Visa.

You must have access to a certain level of funds. The standard level of funds required is £200,000, but this is reduced to £50,000 if:

the funds are being provided by certain UK venture capitalists, seed funding competitions or government departments
the applicant is applying for leave to remain and has or was last granted leave as a Tier 1 (Post-study work) migrant provided that since before 11 July 2014 and up to the date of the application:

a) they have been engaged in business activity which was not, or did not amount to, activity pursuant to a contract of service with a business other than their own—i.e. they must not have been working in disguised Employment

b) they have been registered with HMRC as self-employed or registered with Companies House as a director of a new or existing company, and

c) they have been continuously working in a skilled occupation at NQF level 4 or above as listed in the immigration rules, Appendix J; or

the applicant is applying for leave to remain and has or was last granted leave as a Tier 1 (Graduate Entrepreneur) migrant

You also need to show you have a good knowledge of English. To prove your competency, you must:

pass an approved English language test; or

having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD

UK Visas and Immigration will want to know that you can support yourself without having to rely on benefits.

The Genuine Entrepreneur Test

All Entrepreneur Visa applicants are required to meet a 'genuine Entrepreneur' test. The funds must be genuinely available to the applicant and they must intend to setup, join or become a director of one or more businesses within six months, invest the relevant funds, and not seek Employment other than in the business(es) they are setting up or joining. The Home Office will consider various factors when making this assessment, including the viability and credibility of the applicant's business plans, their previous educational and business experience, their Immigration history and previous activity in the UK. This will usually require the applicant to send in relevant evidence including a mandatory business plan, as well as evidence of their educational qualifications and previous Employment experience.

Officials may also interview Entrepreneur Visa applicants about their plans and the viability of the business and request further evidence to be provided.

Staying in the UK

You will be eligible to apply for Indefinite Leave to Remain (ILR) after five years in the Entrepreneur Visa category provided that:

within three months of the date of application you have been registered with HMRC as self-employed or registered with Companies House as a director of a new or existing company
your business(es) has created the equivalent of at least two new full time jobs
you have not been absent from the UK for more than 180 days in 'any 12 calendar months during the period'; and
you pass the Life in the UK test and meet the English language requirements

Bringing family with you

You can bring dependent family members with you to the UK. Dependents are defined as your spouse and children under 18 years of age. You must show you have enough funds to support them. If you’re applying from outside the UK or have been in the UK for less than 12 months, you must have £1,890 for each dependant. If you’ve been in the UK for more than 12 months, you must have £630 per family member.

Why choose OTS Solicitors

Our specialist immigration solicitors understand business and Immigration law and how they interact together. We have developed strong relationships with investment and wealth management advisors in London, who can help find the right business for you to work and invest in. We will also ensure your business plan meets Home office requirements and advise and accompany you on any interviews you may be asked to attend.

By engaging our immigration lawyers to help you secure a Tier 1 Entrepreneur Visa, you can be confident that the application process will go through smoothly.

To discuss applying for a Tier 1 Entrepreneur Visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Sponsorship Licence Application

If you wish to employ a non-EEA national, then your business will need to apply and obtain a UK Sponsor Licence. This licence will allow you to issue Certificates of Sponsorship to international workers. They can then apply for a Tier 2 work visa.

At OTS Solicitors we understand business Immigration. We are based in the heart of London’s business district and are alert to the latest changes that occur in relation to how UK Immigration Law affects commercial entities.

Our immigration solicitors, is led by Teni Shahiean, a highly regarded Immigration and Employment solicitor who has been recognised in the Legal 500 and by the Law Society of England and Wales for her expertise in Immigration law. Teni and her team will listen to your recruitment requirements and provide you with full support when collating the required documentation and completing the application form. We will also use our contacts at UK Visas and Immigration to ensure any questions or concerns they may have about your application are answered efficiently and effectively.

Our service

We manage the Sponsor Licence process for many UK businesses. Our clients range from SMEs to large, multi-national corporations. We understand how busy owners, directors and managers are; our clients know they can trust our immigration solicitors implicitly to manage their Sponsor Licence applications and advise them how to maintain their A-rating.

A Sponsor Licence lasts for four years (unless it is revoked) and we will endeavour to support you throughout that time. A Sponsor Licence holder must comply with multiple duties set out by the Home Office. Our immigration lawyers will ensure that you know what your responsibilities are and will conduct mock audits of your HR processes and procedures, swiftly identifying any weaknesses that could result in your licence rating being downgraded.

What you need to show to be approved for a Sponsor Licence

A potential sponsor must prove to the Home Office that they:

are a genuine business, operating or trading lawfully in the UK
are based in the UK
hold the appropriate planning permission or Local Planning Authority consent for the type of business operated at the trading address
are 'honest, dependable and reliable'
do not represent a threat to Immigration control, and
are willing and able to comply with the sponsor duties and responsibilities.

If your organisation meets the above criteria, then the Home Office will examine whether your company has the resources and personnel required to comply with the duties and responsibilities of a Sponsor Licence holder.

These responsibilities include:

Monitoring and recording the Immigration status of migrant workers employed by the organisation and actively preventing the illegal Employment of migrants.
Keeping up-to-date contact details for migrants employed by the organisation.
Keeping appropriate and detailed records on any migrants employed by the organisation.
Monitoring migrants employed by the organisation and reporting violations to the Home Office where appropriate.
Maintaining appropriate hiring practices and ensuring that any migrants employed by the organisation are legally entitled and qualified to do their job.

Teni and her team of expert immigration solicitors will provide you with the best legal advice available, empowering you to define and manage your HR processes to ensure you maintain compliance effortlessly.

Why choose OTS Solicitors

Our immigration lawyers are dedicated to ensuring employers receive and maintain an A-rated Sponsor Licence. Our immigration lawyers want to learn about your business so we can ensure your application for a Sponsorship Licence is approved. By instructing us, you can have the confidence that you fully understand both the processes and responsibilities that holding a UK Employer Sponsorship Licence entails.

To discuss applying for a UK Employer Sponsorship Licence or if you have any questions in relation to recruiting skilled workers from outside the EEA, please feel free to contact our UK Immigration team on 0203 959 9123. We will gladly assist you to obtain the best outcome for your matter.

Employers and Tier 2 Sponsor Licence Management

Employers who wish to hire talent from outside the EEA need to acquire a Sponsor Licence. The application process and the ongoing responsibilities that come with having a Sponsor Licence can be daunting; however, you can rely on our immigration solicitors to make obtaining and maintaining a licence simple, fast and stress-free.

Getting to know your business

Our immigration lawyers partner with businesses who engage us to manage their Sponsor Licence application and ongoing compliance matters. We take the trouble to find out about your business, your commercial ambitions and how you want to structure your recruitment processes over the next two to five years. This puts us in a position to advise you on:

Whether the positions you need to fill are on the Shortage Occupation List. If they are not, you will not have to advertise the position within the UK before recruiting from abroad.
Applying for your Sponsor Licence.
Your existing HR policies and procedures and steps that need to be implemented to ensure you can meet your sponsor obligations.
Assisting successful applicants for the position on obtaining their Tier 2 work visa.
How to maintain full compliance with Home Office regulations and maintain your A-rating.

Why you need an experienced Immigration solicitor

The Home Office has consistently toughened up rules and regulations as they apply to Sponsor Licences over the past few years. Not only do organisations have to meet strict criteria to be granted a Sponsor Licence, they must have strong HR systems in place to meet compliance requirements and be prepared for Home Office audits, which are often unannounced.

Our immigration lawyers are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of both Employment and Immigration law. Teni has a degree in both business and law, and she and her team regularly assist clients by conducting mock audits. By checking HR policies, and your Sponsor Licence Management procedures, our immigration lawyers can analyse the strengths and weaknesses of your current systems, and put in place a strategic plan to ensure they are fully up-to-date and can cope with Home Office compliance requirements.

Under the Immigration Act 2016, employers now face harsh penalties if caught employing illegal workers. Prior to the introduction of the new Act, employers were liable to criminal prosecution for employing an illegal worker only if they had actual knowledge of having done so. The 2016 Act extends the existing criminal offence to also cover the situation where an employer has “reasonable cause to believe” that someone is an illegal worker. The Act also increases the maximum prison sentence for either offence from two to five years.

The 2016 Act also gives the Home Office the power to shut down businesses for up to 48 hours if there is evidence of an organisation employing illegal workers and evading sanctions. If the employer can prove they have conducted the right to work checks, the closure notice may be withdrawn. However, if right to work checks have not been carried out, the business may be placed under special compliance requirements, as directed by a Court. This can include continued closure for a period, followed by re-opening subject to compliance inspections and the requirement to conduct right to work checks.

Our team of immigration lawyers will ensure you are up-to-date with changes in the law and understand how and when to check employees’ Immigration status. By engaging us to advise you on your Sponsor Licence Management, you can be confident that your business is fully compliant with UK Immigration Law.

Let us help you grow your business

Our immigration lawyers are experts in their field. We take away the time-commitment and stress of keeping up to date with ever-changing Immigration regulations and Home Office policies, by ensuring that relevant staff in your organisation understand what is required to maintain an A-rating on a Sponsor Licence.

We provide fast, proactive, friendly service to organisations ranging from small- operators to SMEs to large, multi-national corporations. We invest heavily in legal research materials; so our clients are confident that we know about forthcoming regulation changes well in advance.

If your Sponsor Licence has been downgraded, we will help you develop a plan to recover your A- rating as soon as possible.

To find out more about our Sponsor Licence Management, please feel free to contact our UK immigration solicitors on 0203 959 9123. We are here to help ensure you are in full compliance with your Sponsor Licence obligations.

Sponsorship Licence Management Service

Our immigration solicitors make managing the Sponsorship Licence process easy. We will partner with your business, ensure we understand it and support you in not only getting your UK Immigration Sponsorship Licence, but in keeping it.

Our services and support around Sponsorship Licences are all encompassing. They include:

Acting as Key Contact and Level 1 User for your organisation. The Key Contact is the person responsible for liaising with the Home Office when they require documentation, or require questions to be answered. The Level 1 user manages the Home Office Sponsorship Management System, which collates the day to day activities and records of non-EEA nationals working for an organisation.
Auditing your HR policies and procedures in preparation for applying for a Sponsorship Licence. We will review your HR processes and ensure you have policies and procedures in place to fulfil your sponsorship obligations. The five main areas in which sponsors need to show compliance are:

a) monitoring Immigration status and preventing illegal Employment

b) maintaining migrant contact details

c) record keeping duties

d) migrant tracking and monitoring

e) recruitment practices and professional registrations and accreditations

We will ensure your HR department can manage these extra responsibilities efficiently and effectively. They can rely on our support whenever it is required and can contact us with questions anytime.

Issuing Certificates of Sponsorship on your behalf.
Advising on advertising requirements if the position you need to fill is not on the Shortage Occupation List
Ensuring that prospective employees are supported through their application process for a Tier 2 entry visa and preparing and submitting their applications.

Applying for a UK Sponsorship Licence

To be eligible for a UK Sponsorship Licence you must prove to the Home Office that:

your organisation is genuine and operating or trading lawfully in the UK
is based in Great Britain
has the necessary planning permission or Local Planning Authority consent for the type of work you are doing
is 'honest, dependable and reliable'
is no threat to current Immigration control
can and will comply with required sponsorship duties and responsibilities.

Applicants for a UK Sponsorship Licence are rigorously questioned by officials to establish whether or not they are capable of complying with relevant duties and responsibilities.

You may be asked questions about the structure of your organisation, the nature of your business, why you need to recruit non-EEA nationals and your HR policies and procedures. Our immigration solicitors will review your organisation and alert you to any weaknesses that could jeopardise your chances of gaining a Sponsorship Licence.

Assisting with the suitability assessment

The Home Office will consider whether an organisation is suitable to be granted a Sponsorship Licence by examining whether or not they can comply with four broad suitability categories. These are:

whether it has effective human resources systems to be able to fulfil its sponsor duties
whether it or any of its associated persons have:
1. been given a civil penalty for employing an illegal worker
2. been given a civil penalty within the last five years under any of the legislative provisions listed in Appendix C other than in relation to illegal working
3. have any unspent convictions for a relevant offence or any of the offences listed in Annex 7of the Points-Based System Sponsor Guidance (SG)

whether the organisation has a previous record of non-compliance or poor compliance with the duties of sponsorship or is employing any migrants (whether sponsored or not) who are in breach of their conditions of leave

whether it is able to offer 'genuine Employment' which meets the Tier 2 (General) criteria on skill level and appropriate salary rate

Your organisation will also be assessed on its honesty and dependability, and compliance with the law in areas other than Immigration.

Home Office visits

If the Home Office decides to visit your organisation to assess its capability of fulfilling sponsorship duties, we will be on hand to manage the process. Our immigration lawyers will work with you to prepare for the visit, ensuring that all documentation and procedures are up-to-date and easily accessible.

Our immigration solicitors will ensure the visit is stress free and successful.

Support if your licence is downgraded

If your Sponsorship Licence is downgraded from an A-rating to a B-rating, we will devise a fast and effective strategy to implement any action plans set out by the Home Office. Our immigration lawyers will utilise their vast experience to ensure you re-acquire your A-rating as soon as possible.

Let us provide you and your organisation with the support and service it needs to comply with its UK Sponsorship Licence duties through our dedicated Sponsorship Licence Management Service.

To find out more about our Sponsor Licence Management Service, please feel free to contact our UK immigration solicitors on 0203 959 9123. We are here to help you achieve your commercial ambitions.

Tier 2 (Intra-Company Transfer) Visa

Our immigration solicitors understand the UK Visas and Immigration office requirements for obtaining a Tier 2 (Intra-Company Transfer) visa. We know that international corporations often need to move swiftly to transfer employees to the UK, whether it be to set up a new branch or oversee a specific project.

If you need an efficient, effective Immigration law service, our immigration lawyers will provide it.

At OTS Solicitors, we listen to our clients. We want to understand the commercial ambitions and objectives of your organisation, so we can support your Tier 2 (Intra-Company Transfer) visa applicant and get them into the UK so they can hit the ground running.

By engaging our immigration lawyers, you can be assured of top-quality service, tailored to your organisation’s requirements.

All about the UK Tier 2 (Intra-Company Transfer) visa

There are four types of intra-company transfer visas:

Long-term staff – for those who will be transferred for more than 12 months to fulfil a position in the UK that cannot be done by a UK resident
Short-term staff – for placements of less than 12 months, where the job cannot be fulfilled by a new UK staff member
Graduate trainee - for transfers into graduate trainee programmes for specialist roles
Skills transfer - for transfers that allow people to gain skills and knowledge needed to perform their role overseas, or to pass on their skills to UK colleagues

To be eligible for an intra-company transfer, you will need to have a Certificate of Sponsorship from a licensed sponsor. You will also need to be offered an ‘appropriate’ salary and have £945 in savings.

If the organisation sponsoring you has an A-rated Sponsorship Licence you will be exempt from the savings requirement.

Appropriate salary

Applicants must prove to UK Visas and Immigration that they will be paid an appropriate salary by their employer. As of August 2016 the rates were as follows:

Long-term Staff applicants - at least £41,500 or the ‘appropriate rate’ for the role (whichever is higher)
Short-term Staff, Graduate Trainee or Skills Transfer applicants - at least £24,800 or the ‘appropriate rate’ (whichever is higher)
staff already in the UK on a Tier 2 (Intra-company Transfer) visa or work permit issued before 6 April 2011 - at least the ‘appropriate rate’, which will depend on the particular sector applicable to the position

The ‘Genuine Vacancy’ test – what employers need to know

From 6 November 2014, applications for leave to enter and remain in the Tier 2 (General) and Tier 2 (Intra-Company Transfer) categories have been subject to several subjective genuineness tests.

UK Visas and Immigration officials have the power to refuse entry clearance to Tier 2 (Intra-Company Transfer) visa applicants if:

the role is not a genuine vacancy (unless the applicant is applying in the Graduate Trainee or Skills Transfer sub-categories)
the applicant is not appropriately qualified to do the job in question

If UK Visas and Immigration has doubts about the genuineness of the vacancy or the applicant’s qualifications to do the job, they may request that the sponsor provide additional information to quell their concerns.

Our immigration lawyers will assist you at the beginning of the application to ensure that the process for applying for an intra-company transfer visa is not delayed due to questions surrounding ‘genuineness’.

Bringing family members to the UK on a Tier 2 (Intra-Company Transfer) visa

You can bring your spouse or partner with you to the UK along with any children under 18 years.

Unless you have an A-rated sponsor who states that they will support you for the first month you are in the UK, you will need to show evidence of at least £630 in savings for each of your dependents. These funds need to be present in your bank account at least 90 days before you arrive in the country.

Let our immigration lawyers help you

Teni and her team are committed to assisting individuals and organisations with the movement of staff between different company locations. We understand how important it is for successful businesses to have the freedom to transport skills and labour to the UK when it is needed, and the advantages in terms of skills transfer and being able to place the right staff in the right positions.

Let our immigration solicitors assist you with applying for a Tier 2 (Intra-Company Transfer) visa. We make the process easy and cost-effective, so you can get on with business.

To discuss applying for a Tier 2 (Intra-Company Transfer) visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Tier 2 (General) Visa Application

OTS Solicitors has a strong reputation for providing quality advice on Tier 2 (General) visas (or work visas as they are often known). Our immigration lawyers have the experience and expertise to assist both employers and employees in understanding the processes and procedures for obtaining a UK work visa.

Unlike many immigration solicitors, we take the time to listen to our clients to understand any weaknesses in their application for a Tier 2 (General) visa and strategise how to overcome them. We also work closely with UK Visas and Immigration, and will answer any questions they may have regarding your application on your behalf.

By engaging our immigration lawyers, you can be assured of fast, efficient, cost-effective service.

UK work visas – the essentials

To be eligible for a UK work visa, you must have a genuine offer of Employment from a UK employer who holds a Sponsorship Licence. Your employer will offer you a Certificate of Sponsorship which will allow you to apply for a Tier 2 (General) visa.

Other eligibility requirements include:

you must be offered an ‘appropriate’ salary
you must have the required knowledge of English
you must have £945 in savings

Appropriate salary

To qualify for a UK work visa, your employer must offer you an appropriate salary. The thresholds are as follows:

the minimum salary threshold for all Tier 2 General employees is £20,800
jobs that are exempt from the requirement to advertise through Jobcenter Plus require a minimum salary of £72,500
jobs exempt from the resident labour market test must pay a minimum of £155,300
Tier 2 ICT employees whose jobs qualify for Short Term Staff; Skills Transfer or Graduate Training category must pay at least £24,800
Tier 2 ICT employees under Long Term Staff qualification, the minimum salary threshold is £41,500

Knowledge of English

To submit a successful application, you will need to show UK Visas and Immigration that you have a good knowledge of English. You can do this by:

passing an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening
having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD

If you are from certain countries such as Australia, New Zealand, Canada or the United States of America, you will not need to provide evidence of your knowledge of English.

Savings

UK Visas and Immigration will want to be assured that you can support yourself when you first come to Britain without having to rely on benefits. Therefore, you must show you have savings of at least £945 and these funds must have been in your bank account for at least 90 days prior to your arrival. However, if your sponsor has an A rating and they can certify that you will not claim any benefits during your stay you will be exempt from this requirement.

Bringing you family to the UK on a Tier 2 (General) visa

Your dependent family members can come with you to the UK if you are successful in obtaining a Tier 2 (General) visa. Dependent family members are defined as:

your husband, wife or partner
children under 18

You will need to show you have enough funds to support your family whilst you are waiting for your first pay. In addition to the £945 you must have to show you can support yourself, you must have an extra £630 for each dependent.

If your employer has an A-rated Sponsorship Licence and states that they will provide £630 for each of your family members, you will be exempt from this requirement.

Documents required for a UK work visa application

Along with your application you will need to prove:

a current passport or other valid travel identification
a passport-sized colour photograph
bank statements proving your savings
evidence that you meet the English requirement
your tuberculosis test results if you’re from a country where you have to take the test

Let our immigration lawyers help you

Teni and her team are dedicated to helping those who have a Certificate of Sponsorship from a UK employer obtain their Tier 2 (General) visa so they can start their new position. We know you are excited and eager to get here – let us assist you in making it easy to apply for your visa and collate the necessary documentation.

To discuss applying for a Tier 2 (General) visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Sole Representative of an Overseas Business

If you are considering establishing a branch office or a wholly-owned subsidiary in the UK with just one employee, then you may wish to consider sending them to the UK on a Sole Representative of an Overseas Business visa.

Our immigration solicitors will advise you as to whether this type of visa would suit the needs of your organisation. We understand the complexities of a Sole Representative visa and will take the time to find out about your organisation and establish whether this visa or another Tier 2 entry route would be best for you.

The essential elements of the Sole Representative visa

To send an employee to the UK on a Sole Representative visa, you must demonstrate to the UK Home Office the following:

your organisation’s main location is outside the UK and does not have a presence in the UK via a branch office, subsidiary or representative
the person you plan to send to the UK is a senior member of your organisation and will have full authority to run the UK operation
the employee sent to the UK will be the only representative of your organisation in the country
the employee meets the English language requirements and can support themselves without having to rely on UK benefits

The application for a Sole Representative will also need to include a notarised statement declaring:

the applicant will be their sole representative in the UK
the company has no other branch, subsidiary or representative in the UK
its operations will remain centred overseas, and
the applicant will not engage in business of their own nor represent any other company

Home Office considerations

The Home Office will carefully consider all applications under this route. It will be most concerned with whether or not the business is a genuine commercial venture. As well as examining the organisation’s business activities, turnover and profitability, it will be looking for signs that the visa is for more for the benefit of the individual rather than the company. If certain elements of the company’s business activities are not in-line with what the Home Office would expect of an organisation looking to establish a presence in the UK, the visa application is likely to be rejected.

Things that will cause the Home Office to question the application include:

your business is less than 12 months old
the number of employees your organisation has—where this number is small this may cast doubt on whether the overseas business will remain the headquarters and/or main business
if it is clear the UK branch will become the main office of the business – this will not automatically mean the application for a Sole Representative visa will fail, but the overseas business must continue to trade at all times
if the sole representative is the driving force in the overseas business moving to the UK

Care should be taken to identify the most appropriate overseas business entity to support the application where a complex corporate structure exists overseas. For example, it may be appropriate for a specialised subsidiary of a large corporate group to support the application where the UK business will be specialised in the same area, whereas a higher level/more general entity may be more appropriate where it is intended that the UK operations will be more diverse.

Let our immigration lawyers help you

Teni and her team are committed to assisting international organisations with opening a branch office or subsidiary in the UK. We understand how important it is for successful businesses to have the freedom to trade in the UK and take advantages of commercial opportunities by having a person based in the country.

Let our immigration solicitors assist you with applying for a Sole Representative of an Overseas Company visa. We make the process easy and cost-effective, so you can get on with business.

To discuss applying for a Sole Representative of an Overseas Company visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Immigration Services for UK Businesses

OTS Solicitors is widely regarded as one of the best Immigration and employment law firms in London. With outstanding commercial acumen and attention to detail, our dynamic, down-to-earth team will ensure you receive the most comprehensive and practical Immigration and Employment advice available.

To talk to us about our services for UK businesses, please phone our London office on 0203 959 9123.

Helping Your Business Grow and Meet Targets

As the UK economy continues to improve, businesses are under greater pressure to recruit and retain talented employees who are committed to helping organisations grow.

This requires employers to have access to commercially astute legal advice, delivered quickly and accurately. The head of our Immigration and employment law teams, Teni Shahiean, a law and business graduate, has been ranked by the Legal 500 as a recommended Immigration solicitor from 2012 to 2015 and has been highly accredited by the Law Society for her Immigration knowledge and advice through the Law Society Immigration and asylum Accreditation Scheme. Teni and her teams collaborate to provide employers with advice on the following:

Applications for a Sponsorship Licence
Shortage occupations
Tier 2 and 5 Sponsorship Applications
Training on sponsorship obligations for HR, in-house counsel and compliance departments
Drafting Employment contracts and dealing with employee disputes
Preparation for Home Office visits and audits
Day to day advice on business Immigration law best practice
Inter-company transfers
Lobbying the Home Office on your businesses or non-EEA employees behalf
Prevention of illegal workers
Indefinite Leave to Remain and minimum salary requirements

Why Employers Need a Legal Partner When Employing non-EEA Workers

Tier 2 and 5 sponsorship obligations and responsibilities can be a compliance nightmare. Dynamic, success-focused organisations need access to legal advice they can rely on and trust implicitly. With our experience in both Immigration and employment law, we can offer UK businesses a complete service, which encompasses the initial application of a Sponsorship Licence, through to negotiating an employment contract with successful recruits.

Teni and her team will take the time to talk to you about your plans for recruiting non-EEA nationals, the goals you wish to achieve by doing so and outline details of the commitment you will be taking on. They will then ensure that the process runs smoothly and effectively, allowing you to carry on with your ordinary course of business.

A Quick Guide to Hiring Foreign Workers in the UK

If you are planning to employee someone from outside the EEA, there are a number of processes and procedures you must follow. Teni and her team can advise you on this process in a timely, cost-effective manner.

In order to hire a foreign worker under the Tier 2 (General) or Tier 5 (Temporary Worker) Visa, you will need to complete a number of steps which include:

Apply for a Sponsorship Licence so you can issue Certificates of Sponsorship
Ascertain whether or not the position you have available is listed on the Shortage Occupation list
Advertise the job (if it does not appear on the Shortage Occupation List)
Ensure that you provide the correct salary and conditions to the individual you recruit
Have plans, policies and procedures in place to meet the UK Border Agency’s compliance requirements for sponsors
You can read more in our step by step guides to obtaining a Sponsorship Licence and hiring non-EEA workers here :

- OTS Solicitors: A Step-by-Step Guide for Employers Wanting to Obtain Sponsorship Licence

- OTS Solicitors: Immigration Law Guide To Employing Non-EU Citizens

Why Chose OTS Solicitors

Our Immigration and Employment teams are widely regarded as well-informed, practical and commercially minded. We collaborate with our clients when it comes to their legal matters, forming enduring partnerships, which allows us to get to know their commercial goals and ambitions in detail.

When you engage our services you can expect the following standard of service:

Based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your business requirements
A clear, concise discussion with your Solicitor, outlining the strengths and weaknesses of your application
Advice as to what documentation you will need to provide to support your application
Assistance with filling in the relevant application forms
Full follow-up with the UK Border Agency if there are any questions or problems with your application
Your Immigration Solicitor will prepare strong, detailed legal representations setting out the legal framework to support your application
A full explanation of the compliance obligations pertaining to your sponsorship application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for business clients in some circumstances. We can also offer payment options if required.

To find out more on how we can advise your business, please phone our office on 0203 959 9123 to talk to one of our team. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Immigration Audit and Compliance Services

OTS Solicitors are dedicated to keeping clients up-to-date with their Immigration compliance obligations. Our dynamic, down-to-earth team will ensure you receive the most comprehensive and practical advice regarding complying with your sponsorship responsibilities. We are regarded as one of the best Immigration and employment law firms in London and we have earned this reputation through providing professional, competent and collaborative legal service to every client who instructs us.

To talk to us about our services for Immigration audits and compliance, please phone our London office on 0203 959 9123.

How we Assist Organisations with Immigration Compliance

At OTS Solicitors we provide tailor-made legal advice to our clients, designed to fit with their organisation’s business goals and ambitions. The head of our Immigration team, Teni Shahiean, a law and business graduate, has been ranked by the Legal 500 as a recommended Immigration solicitor from 2012 to 2015 and has been highly accredited by the Law Society for her Immigration knowledge and advice through the Law Society Immigration and asylum Accreditation Scheme. Teni and her teams collaborate to provide employers with advice on the following:

advice on the compliance requirements for Tier 1, 2 and 5 visas
third party independent audits
compliance training to HR professionals, compliance officers, recruitment teams and SMS users
advice in the prevention of illegal workers
strategic compliance and risk management advice to board members

We are dedicated to providing clients with accurate, up-to-date compliance advice, to enable them to feel confident that their risk assessments and due diligence procedures are performed in a way that fully protect their business.

If we identify any compliance issues within your company, we will act swiftly to advise you on how to rectify them, and if necessary, we will liaise and negotiate with the Home Office on your behalf using our contacts and business partners. Our primary focus would be to protect your Sponsorship Licence and your firm’s reputation.

Business Immigration Compliance Training

In today’s highly regulated business environment and with the UK Government clamping down on illegal Immigration, it is no longer enough for companies to simply ensure ‘all the boxes are ticked’ when it comes to compliance.

If your organisation is granted a Sponsorship Licence, it will need to comply with a number of obligations to maintain its A-rating.

These include such things as:

checking that any migrant workers you recruit have the necessary skills, experience and qualifications to do the job required of them
monitor your employee’s Immigration status
keep the employee’s contact details up to date
report to the authorities if your employee ‘disappears’
keep documentation so you can provide evidence that all of the above obligations are being met

A dedicated staff member or members must be appointed to fulfil the Immigration compliance role within any organisation as a requirement of being granted a Sponsorship Licence. With access to up-to-date legislation and case law, our immigration solicitors have the experience and expertise to provide your staff with the information they need to fulfil their compliance responsibilities competently. We can also update HR managers and compliance officers regularly, in a format that suits them, of any latest changes they should know about regarding Immigration compliance.

Why Chose OTS Solicitors

When you engage our services you can expect the following standard of service:

based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your sponsorship obligations
direct lines and email addresses of our compliance advisors
a clear, concise discussion with your Solicitor, outlining the strengths and weaknesses of your compliance knowledge and training
full explanation of the compliance obligations pertaining to your sponsorship application and retention of your A-rating
precise, up-to-date information on regulation changes that could affect your business
well-researched and well-prepared compliance training sessions created specifically for your organisation’s unique requirements

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for business clients in some circumstances. We can also offer payment options if required.

To find out more on how we can advise your business on its compliance and audit obligations, please phone our office on 0203 959 9123 to talk to one of our team. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Immigration Advice on Global Mobility and Intra-Company Transfers

Companies who require Immigration advice on a multi-jurisdictional level need to be confident the legal advice they receive is accurate. Widely regarded as one of the best Immigration and employment law firms in London, OTS Solicitors can provide you with the assurance that when it comes to moving your employees between global offices, you have all your Immigration compliance basis covered.

With outstanding commercial acumen and attention to detail, the dynamic, the down-to-earth team of highly accredited immigration solicitors at OTS we will ensure you receive the most comprehensive and practical Immigration and Employment advice available. We advise both UK companies who need to transfer employees to foreign jurisdictions and overseas-based companies who want to send staff to the UK.

To talk to us about our services for UK businesses, please phone our Fleet Street office on 0207 936 9960.

Keeping Your Business on the Move

The world’s economy is now more global than at any other time in history. Corporations require the ability to react to emerging opportunities quickly and get staff swiftly on the ground, with the freedom to be productive from day one.

the global movement of employees to multiple jurisdictions, including access to local expertise on procedures, standards and timescales
development of bespoke global networks to be operated via a single point of contact or through local contacts
assistance with Schengen visas
obtaining accommodation, factory and/or office space, plant equipment and vehicles
tax implications in foreign jurisdictions
prevention of illegal working/right to work compliance checks and best practice advice across all jurisdictions
visa and security requirements for employees working in developing countries and conflict zones

UK Intra-Company Transfer Visa

If you wish to transfer employees to your UK-based office, and they are a non-EEA national, they will need a Tier 2 (Intra-company Transfer) Visa to enter the UK.

You must provide your employee with the following for them to be eligible:

a certificate of sponsorship reference number
an ‘appropriate’ salary
the employee must have £945 in savings - this is to prove they can support themselves and they must have had this in their bank account for 90 days before the visa application is made

If your company has a fully approved (‘A-rated) Sponsorship Licence and you can certify that you can support and accommodate the employee for the first month they are employed, they will not need to show £945 in savings.

Appropriate salary definitions are as follows:

Long-term Staff applicants - at least £41,500 or the ‘appropriate rate’ for the role (whichever is higher)
Short-term Staff, Graduate Trainee or Skills Transfer applicants - at least £24,800 or the ‘appropriate rate’ (whichever is higher)
staff already in the UK on a Tier 2 (Intra-company Transfer) visa or work permit issued before 6^th April 2011 - at least the ‘appropriate rate.'

Family members of the employee can also come to the UK; however, they will require appropriate visas if they are non-EEA nationals.

Why Chose OTS Solicitors

Our Immigration and Employment teams are widely regarded as well-informed, practical and commercially minded. We collaborate with our business clients when it comes to their legal matters, forming enduring partnerships, which allows us to get to know their commercial goals and ambitions in detail.

When you engage our services you can expect the following standard of service:

Based on the information you provide us, detailed advice as to the UK and/or international Immigration laws that apply to your business requirements
A clear, concise discussion with your Solicitor, outlining the strengths and weaknesses of your application
Advice as to what documentation you will need to provide to support your application
Assistance with filling in the relevant application forms
Full follow-up with the Home Office if there are any questions or problems with your application
Your Immigration Solicitor will prepare strong, detailed legal representations setting out the legal framework to support your application
A full explanation of the compliance obligations pertaining to your intra-company transfer application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for business clients in some circumstances. We can also offer payment options if required.

To find out more on how we can advise your business with intra-company transfers, please phone our office on 0203 959 9123 to talk to one of our team. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Immigration Solutions for the Technology Sector

OTS Solicitors is widely regarded as one of the best Immigration and employment law firms in London. Our experience in the technology sector is extensive, and our clients range from those in the start-up phase of their business to multi-national corporations.

With an innovative approach to finding legal solutions and a laser-like attention to detail, our dynamic, down-to-earth team will ensure you receive the most comprehensive and practical Immigration and employment law advice available in the UK.

To talk to us about our Immigration solutions for technology clients, please phone our London office on 0207 936 9960.

The head of our Immigration and employment law teams, Teni Shahiean, a law and business graduate, has been ranked by the Legal 500 as a recommended Immigration solicitor from 2012 to 2015 and has been highly accredited by the Law Society for her Immigration knowledge and advice through the Law Society Immigration and asylum Accreditation Scheme. Teni and her teams collaborate to provide business owners, suppliers, employers and employees working within the UK technology sector with legal advice on the following:

Tier 1 (Entrepreneur) Visa applications
Tier 1 Exceptional Talent Visa applications
Advice on the Tier One Exceptional Tech Talent scheme
Applying for and obtaining a Tier 2 Sponsor Licence
Applications to come to the UK as the sole representative of an overseas business
Advice on sponsor compliance obligations
Day to day advice on business Immigration law best practice
Inter-company transfers
Lobbying the Home Office on your behalf
Prevention of illegal workers
Indefinite Leave to Remain and minimum salary requirements

The Tier One Tech Talent Scheme

Last year technology companies in Britain raised a staggering $3.6bn from venture capitalists. Strong investor appetite for London-based start-ups and fintech groups resulted in record levels of tech investment flowing into the country, and the growth shows no sign of abating.

In 2010, in response to the rapid growth in the technology sector, the Government set up Tech City UK. The organisation’s mission was to support businesses in the technology sector and attract the most talented people from around the globe to come and work in the UK tech industry.

The Tech Nation Visa Scheme

Following consultation with business leaders in the technology section, the Tech Nation Visa Scheme was created.

To make it easier for businesses in the technology sector to attract and retain top talent from outside the EEA, four new qualifying criteria were added.

The new qualifying criteria are:

Building UK scale-ups
Recognising “exceptional promise.”
Powering the Northern Powerhouse
Recruiting teams of up to five individuals at any one time

Teni and her colleagues can assist you in taking advantage of this opportunity to recruit the talent you need to scale up your business and increase its profits. Not only can we assist you with the two-stage application process, but we can also draft your Employment contracts and staff handbooks, so you can concentrate on building your team. We can also assist you with any Employment disputes which may arise in the future.

Why Chose OTS Solicitors

Our Immigration and Employment teams are widely regarded as well-informed, practical and commercially minded. We collaborate closely with our clients in the technology sector, forming enduring partnerships, which allows us to get to know their commercial goals and ambitions in detail.

Our Solicitors understand how fast things can move in the tech industry and therefore manage legal issues with speed, accuracy and efficiency. Many of our Solicitors are multi-lingual, allowing us to swiftly deal with cross-jurisdictional matters.

When you engage our services you can expect the following standard of service:

Based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your business requirements
A clear, concise discussion with your Solicitor, outlining the strengths and weaknesses of your application
Advice as to what documentation you will need to provide to support your application
Assistance with filling in the relevant application forms
Full follow-up with the UK Border Agency if there are any questions or problems with your application
Your Immigration Solicitor will prepare strong, detailed legal representations setting out the legal framework to support your application
A full explanation of the compliance obligations pertaining to your sponsorship application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for business clients in some circumstances. We can also offer payment options if required.

Immigration Advice for Educational Establishments

OTS Solicitors is widely regarded as one of the best immigration law firms in the United Kingdom. With a deep knowledge of the education sector and strong attention to detail, our dynamic, down-to-earth legal team will ensure you receive the most comprehensive and up to date Immigration advice available.

We have many years’ experience advising higher and further educational establishments, independent schools and English language schools. Our Immigration team are experts in explaining complex Immigration law pertaining to the education sector in a practical manner, free from legal jargon.

To talk to us about our services for UK businesses, please phone our London office on 0207 936 9960.

The head of our Immigration team, Teni Shahiean, a law and business graduate, has been ranked by the Legal 500 as a recommended Immigration lawyer from 2012 to 2015 and has been highly accredited by the Law Society for her Immigration knowledge and advice through the Law Society Immigration and asylum Accreditation Scheme. Teni and her teams collaborate to with educational establishments to the following:

Applying for a Tier 4 Sponsorship Licence
Regulatory changes to Tier 4 (Student) Visa eligibility and procedures
Compliance obligations of educational institutes
Negotiating with the Home Office and/or UKVI
Lobbying for policy change
Appealing Sponsor Licence suspensions, revocations and HTS refusals
Staff training on Immigration matters
Drafting internal and external policies, procedures and contracts
Risk management and due diligence
Preparation for Home Office visits

A Brief Guide to Applying for Tier 4 Sponsorship

If you want to enrol students from outside the EEA then you must apply for a Tier 4 Sponsorship Licence.

The licence is granted for four years unless it is revoked for some reason. To be issued a Tier 4 licence, an education provider must be:

a genuine education provider that has acceptable educational quality standards, and is operating lawfully in the UK, complying with all appropriate rules and regulations;
considered eligible and suitable to hold a Tier 4 licence; and
capable of carrying out its duties as a sponsor.

An education provider must meet these criteria in order to be granted a Tier 4 licence, and continue to meet them in order to retain its licence.

As a Tier 4 sponsor, an education provider has a number of sponsorship responsibilities and will need to allocate the following four roles to members their staff:

authorising officer – a senior and competent person who is responsible for the actions of staff and representatives who use the sponsor management system (SMS)
key contact – your main point of contact with UK Visas and Immigration (UKVI) about your institution’s application
level 1 user – responsible for all day-to-day management of your licence using the SMS
level 2 user – an SMS user with more restricted permissions than a level 1 user

These roles can all be filled by the same person or by a combination of different people.

When you successfully apply for a Tier 4 licence, UKVI will give you a probationary Sponsor Licence. This is a transitional period lasting 12 months whilst you demonstrate you can fulfil all of your duties as a Tier 4 sponsor. You must apply for a basic compliance assessment after 12 months.

Why Chose OTS Solicitors

Our Immigration team is widely regarded as well-informed, practical and solutions focused. We collaborate with education institutes when it comes to their legal matters, forming enduring partnerships, which allows us to get to know their commercial goals and academic ambitions in detail.

When you engage our services you can expect the following standard of service:

Based on the information you provide us, detailed advice as to the UK Immigration laws that apply to your educational institution’s requirements
A clear, concise discussion with your Solicitor, outlining the strengths and weaknesses of your application for a Tier 4 Sponsorship Licence
Advice as to what documentation you will need to provide to support your application
Assistance with filling in the relevant application forms
Full follow-up with the UKVI if there are any questions or problems with your application
Your Immigration Solicitor will prepare strong, detailed legal representations setting out the legal framework to support your application
A full explanation of the compliance obligations pertaining to your Tier 4 sponsorship application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

Our Fees

We can offer a fixed fee service for educational institutions in some circumstances. We can also offer payment options if required.

To find out more on how we can advise your organisation, please phone our office on 0203 959 9123 to talk to one of our team. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Tier 1 (Graduate Entrepreneur) Visa

For those international students who have finished their course of study in the UK and have a strong business idea, a Tier 1 (Graduate Entrepreneur) visa provides a way to stay in Britain and launch your new venture.

OTS Solicitors are experts in business Immigration law. Our immigration lawyers are based in the centre of London and we collaborate with a wide range of financial advisors who can assist our graduate Entrepreneur clients obtain funding and investment for their business venture.

Our immigration solicitors are led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of Immigration law. Our firm is fully regulated by the Solicitors Regulation Authority and we have a proven track record of successfully assisting graduates to apply for and obtain a Tier 1 (Graduate Entrepreneur) visa.

UK Tier 1 (Graduate Entrepreneur) Visa – the basics

To apply for a Graduate Entrepreneur Visa, you need:

a genuine, credible business idea endorsed by an authorised Higher Education Institution (HEI)
a bachelor’s degree, master’s degree or PHD
£945 in savings if applying from inside the UK, or £1,890 if applying from outside the UK
the required level of English language competence
- permission to remain in the UK from your financial sponsor if they’re a government or an international scholarship agency and have paid your course fees and living costs in the past 12 months

The above criteria are only the basic requirements that you will need to demonstrate to successfully gain an endorsement from a HEI. Your will need to show that your business has the potential to add to the British economy and not just be a standard venture that simply replicates existing business models. You will also be expected to demonstrate your business development skills and commit to spending your working time in the UK launching and growing your venture.

Your HEI sponsor will be responsible for checking on your progress and ensuring that you are on track according to the goals set out in your application and business plan.

A Graduate Entrepreneur Visa is granted for 12 months, with the option to extend for a further 12 months. After this, you may have the option to apply for a Tier 1 Entrepreneur Visa, but you must have £50,000 available to invest in your business. This will allow you to remain in the UK for a further three years and four months, with an option to extend and apply for Indefinite Leave to Remain after five years.

Your family (partner and dependent children) will be able to join you in the UK, but they will have to apply for a visa in their own right.

Why choose OTS Solicitors

Our specialist immigration solicitors understand business and Immigration law and how they interact together. Our immigration lawyers understand the pressure involved in putting together an application and business plan in the hope of getting endorsement from a HEI. To help you, we will look at your application and supporting documents and advise you on the strengths and weaknesses of your proposal. We will then provide you with clear, concise advice, based on our many years of experience, on how to draft a present a fact-based, well-researched and influential proposal.

By engaging our immigration lawyers to help you secure a Tier 1 Graduate Entrepreneur Visa, you can be confident that your application has the best chance of success.

Tier 1 General Visa

OTS Solicitors has a strong reputation for providing excellent Immigration law advice. Our immigration lawyers are well qualified, highly experienced and are committed to providing friendly, professional legal service to all our clients. Clients often comment on our efficiency, professionalism and organisation – by engaging us they are confident they are in good hands.

The Immigration team at OTS Solicitors is led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of both Employment and Immigration law. As senior partner in the firm, Teni oversees the work of all our immigration solicitors and guides them on how to achieve the best outcomes for their clients.

By engaging our immigration lawyers, you can be assured of fast, efficient service and value for money throughout every stage of our work.

Tier 1 (General) Visa – A History

Tier 1 (General) is a former Points-Based System category for which no sponsor is required. The intention of the category is to enable highly-skilled people to be employed and/or self-employed in the UK. It is a category leading to settlement after five years of residency.

The category was closed to new applicants from abroad on 23^rd December 2010 as part of the Coalition Government's drive to reduce net migration and was closed to new in-country applicants on 6^th April 2011, with the following exceptions:

people who hold/last held leave under Tier 1 (General) may extend under the category
people who hold/last held leave under the (Highly Skilled Migrant Programme) HSMP may switch into Tier 1 (General)
people who hold/last held leave under the Writer, Composer or Artist category may switch into Tier 1(General), and
people who hold/last held leave under the Self-Employed Lawyer concession may switch into Tier 1(General).

The Tier 1 (General) route was closed on 6^th April 2015 for applications for further leave to remain as a Tier 1 (General) migrant.

Applications for Indefinite Leave to Remain under a Tier 1 (General) visa

The Home Office will not accept applications for Indefinite Leave to Remain (ILR) under the immigration rules for Tier 1 (General) migrants on or after 6^th April 2018.

The closure of ILR applications under the Tier 1 (General) category from 6^th April 2018 means that those who cannot satisfy the requirements for ILR on or before 5^th April 2018 may need to consider whether they are eligible for further leave to remain in another visa category.

If you currently hold a Tier 1 (General), visa our immigration solicitors can help you apply for ILR or advise you on switching to another visa. You should look at doing this sooner rather than later, or you may risk being deported.

Why choose OTS Solicitors

We understand how the Tier 1 (General) visa works and the history behind the closure of the route. We can assist both you and your family members on switching your visa to another category or applying for settlement.

OTS Solicitors is fully regulated by the Solicitors Regulation Authority. You can be confident when you engage us that we will provide you with up-to-date and relevant Immigration law advice. Our immigration solicitors are approachable and sensitive, and many of our staff are multi-lingual. If you require an interpreter, we can easily arrange one so you fully understand the advice we give you.

Contact our London office today to talk about your next steps in regards to your Tier 1 (General) visa.

To discuss applying for a Tier 1 General visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Tier 2 Sponsor Licence Applications

Our service

What you need to show to be approved for a Sponsor Licence

A potential sponsor must prove to the Home Office that they:

are a genuine business, operating or trading lawfully in the UK
are based in the UK
hold the appropriate planning permission or Local Planning Authority consent for the type of business operated at the trading address
are 'honest, dependable and reliable'
do not represent a threat to Immigration control, and
are willing and able to comply with the sponsor duties and responsibilities.

These responsibilities include:

Monitoring and recording the Immigration status of migrant workers employed by the organisation and actively preventing the illegal Employment of migrants.
Keeping up-to-date contact details for migrants employed by the organisation.
Keeping appropriate and detailed records on any migrants employed by the organisation.
Monitoring migrants employed by the organisation and reporting violations to the Home Office where appropriate.
Maintaining appropriate hiring practices and ensuring that any migrants employed by the organisation are legally entitled and qualified to do their job.

Why choose OTS Solicitors

Tier 2 (General) Visa

The Tier 2 (General) visa is an employer-led process which allows businesses who hold a Sponsorship Licence to recruit workers from outside the EEA if a particular position/s cannot be filled by someone settled in the UK.

Our immigration solicitors assist both businesses and applicants in obtaining a UK work visa. We have the skills and experience required to ensure visa applications are submitted correctly, reducing the time it takes for them to be processed by UK Visas and Immigration.

The Immigration team at OTS Solicitors is led by Teni Shahiean, who has been recognised in the Legal 500 and by the Law Society of England and Wales for her in-depth knowledge of both Employment and Immigration law. Our immigration lawyers are well-recognised for providing quality legal advice to employers and employees and for listening and establishing the needs of both parties to the visa application.

A full service

If you are a business looking to recruit international workers, we can assist you throughout the life-cycle of the process. From obtaining a UK Sponsor Licence, to assessing whether or not the position you wish to recruit for is on the Shortage Occupation List, through to helping you conduct the Residential Labour Market Test, we will offer you practical advice from beginning to end.

The Shortage Occupation List

Not every job can be filled by a foreign worker. To protect the UK labour market, the Government has created a Shortage Occupation List. This list contains jobs that cannot be adequately filled by people already settled in Britain, because there are not enough individuals with the skills, qualifications and/or experience.

If the position you need to fill appears on this list, then you can automatically start recruiting a person from overseas.

For jobs not appearing on the Shortage Occupation List, a Residential Labour Market Test will need to be conducted.

Residential Labour Market test

If the position you wish to recruit for is not on the Shortage Occupation List then you will need to advertise the job before you issue a Certificate of Sponsorship.

To advertise the position in compliance with the Tier 2 Sponsorship rules, you need to ensure you:

Place two adverts within acceptable publications or by acceptable methods. For example, advertising in a national newspaper or trade journal, or using a recruitment agency. With many jobs it will be mandatory to advertise the position online using the Jobcentre Plus Universal Jobmatch service.
Advertise the position in two stages, with both stages being no less than seven days, so the total time the position is advertised for is 28 calendar days.
Have an advertisement that contains the relevant information pertaining to the position, such as the job title, experience and qualifications required and salary.

Before you can apply to sponsor a foreign worker, you must provide evidence that you could not find a suitable worker via the Residential Labour Market Test.

Minimum salary ranges

For most positions, you will have to pay a minimum salary of £20,800 (some occupations require higher pay). On top of this, employers must plan for the future. From April 2016, Tier 2 (General) visa holders who wish to apply for Indefinite Leave to Remain must earn a minimum of £35,000 per year. If you plan to invest time and money into training a non-EEA national employee, it would be uneconomical not to pay them a sufficient salary so they could remain legally entitled to work in the UK after five years.

Our immigration lawyers can assist you with identifying the correct salary range for a prospective foreign employees and help you plan an HR strategy to ensure that you retain talented recruits after their Tier 2 (General) visa expires.

Let our immigration lawyers help you

Teni and her team are dedicated to assisting employers recruit non-EEA talent in a way that is fully compliant with the UK immigration rules and regulations. Our immigration solicitors will ensure that you are fully informed of your responsibilities to the Home Office, and that you adequately complete the Residential Market Labour Test.

To discuss recruiting an employee on a Tier 2 (General) visa, please feel free to contact our UK immigration solicitors on 0203 959 9123. We will gladly assist you in your application and dealings with UK Visas and Immigration.

Family Members’ of UK Business Visa Applicants

Moving to the UK for business or Employment opportunities is an exciting time. Naturally, if you are married or in a long-term relationship and have dependent children, you will want to bring them to Britain with you.

The UK allows successful applicants of Tier 1 (Entrepreneur) Visas, Tier 1 (investor) Visas, Tier 2 (General) Visas, Tier 2 (Intra-company Transfer) Visas and other Tier 2 visa categories to bring family members with them to the UK.

OTS Solicitors has helped hundreds of business visa applicants to secure visas for their spouse, partner, and dependent children. Based in the heart of London’s West End, our business Immigration law team is considered one of the best in the UK. Our lawyers are smart, innovative and business savvy, with a wealth of experience of working with a range of business visa applicants. We assist a range of client types, from high-net-worth investors and entrepreneurs, CEOs, CIOs, and other executives, through to talent being recruited for the booming UK tech sector through to domestic and temporary workers.

The definition of a dependent

Most visa application forms will use the word ‘dependent’ when referring to family members. A dependent is classified as:

• your spouse or unmarried partner

• any children you have under 18 years

• any child over 18 if they are currently in the UK as a dependant

Although the word used is ‘dependent’ in most cases, once you and your family members successfully obtain your visa, your spouse or partner will be able to seek Employment in their own right.

Supporting family members financially

Business visa applicants who bring family members to the UK must prove to UK Visas and Immigration that they can financially support them while they are in the country.

For all business visas except the Tier 1 (investor) Visa, the business visa applicant must show they have at least £630 available for each family member. For Tier 1 (Entrepreneur) Visa applicants, this amount is increased to £1,890 for each dependent if you’re applying from outside the UK or have been in the UK for less than 12 months. The funds available for dependents are in addition to the £945 you currently must have to show you can support yourself when you enter the UK.

For some Tier 2 visa applicants, proof of funds may be waived if they have an A-rated sponsor who can endorse in writing that they will provide funds and accommodation to you and your family if required.

Healthcare surcharge

Most business visa applicants and their family members need to pay a healthcare surcharge (called the ‘Immigration health surcharge’ or IHS) as part of their immigration application.

The healthcare surcharge is required by all non-EEA nationals coming to the UK for longer than six months so they can access the UK public health system (known as the National Health Service).

The health surcharge amounts to £200 per year per applicant and must be paid in full at the same time you and your family members submit your visa application. Applicants are required to pay up-front for the total period of their UK visa.

For example, if you are applying for a Tier 2 (General) Visa and wish to bring your spouse and three children with you, you will have to pay the following amount:

£200 x 5 (people) x 5 (years) = £5,000.

Supporting documents required by UK Visa and Immigration for family members of business visa applicants

The following is a sample of the supporting documents UK Visa and Immigration will require (these vary depending on your individual circumstances and the type of visa you are applying for):

Spouse/Partner

• marriage or civil partnership certificates

• evidence that you have lived together for two years if unmarried

• bank statements

• Council tax/ bills

• medical registration

• utility bills

Children

• full birth certificate

• proof that your child is not living an independent life (if over a certain age)

Indefinite Leave to Remain and British Citizenship

In most cases, family members will be able to apply for settlement (known as Indefinite Leave to Remain or ILR) at the same time as you. They will normally have to pass the English language test and Life in the UK test.

How We Can Help

Our experienced and highly-qualified immigration solicitors will take the time needed to put together the best application for your family members if you are coming to the UK on a business visa. We will ensure your case has the best chance of succeeding and will answer any questions UK Visas and Immigration have regarding your application on your behalf.

When you engage our services, you can expect the following standard of service:

• Based on the information you provide us, detailed advice regarding the Immigration laws that apply to your case

• A clear, concise discussion with your solicitor, outlining the strengths and weaknesses of your application

• Advice regarding the necessary documentation to support your application

• Assistance with filling in the relevant application forms

• Full follow-up with the UK Visas and Immigration if there are any questions or problems with your application

• Advice on appeals or applications for administrative or judicial review should your application be denied

• Your Immigration lawyer will prepare robust, detailed legal representations setting out the best legal framework to support your application

OTS Solicitors is registered with and regulated by the Solicitors Regulation Authority.

By making an appointment with one of our immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today. To find out more on how we can advise you regarding bringing your family members into the UK, please phone our office on telephone:telephone. We would be happy to offer an initial consultation over the phone, or you can make an appointment to see us in our London office.

Tier 1|Tier 2|Tier 5|Sponsorship Licences|Sole Representatives

OTS Solicitors is widely regarded as one of the best immigration law firms in London. Our solicitors are experienced in advising clients from a variety of business sectors and our clients range from individuals, start-ups, small and medium-sized enterprises, and multi-national corporations.

We are here to help you with all types of business Immigration matters whether it is:

To speak to our award-winning business immigration solicitors based in the City of London, please contact us on 0203 959 9123 or contact us through our online enquiries form..

After the 28 March 2019, the Tier 1 (Entrepreneur) visa scheme will close.

If you were planning to apply for an Entrepreneur Visa the application is now urgent. At London based OTS Solicitors our team of dedicated immigration solicitors can help you with the paperwork needed to submit an urgent Entrepreneur Visa application or look at your alternative options.

If you need to apply urgently for your Entrepreneur Visa or you are worried about the status of a pending Entrepreneur Visa application or what happens when your current Entrepreneur Visa expires, please call Legal 500 law directory recommended OTS Solicitors for help on 0203 959 9123 or send us an enquiry via our Contact page.

Corporate Immigration

OTS Solicitors is highly reputable in the legal field and specifically within Immigration as we are one of the market leaders in the Immigration sector.

We have a specialist team of immigration solicitors who have vast experience in dealing with Corporate Immigration matters as we understand the importance for corporations in the UK to secure the right people for the right Employment opportunities. This is indispensable for the growth of any business and its ability to continue to provide its’ services successfully.

We are one of very few immigration law firms to provide highly qualified, and eminently respected immigration solicitors in the UK and EU, such as Mr Paul Gulbenkian, a Senior Immigration Solicitor and former Immigration judge of the Immigration Tribunal in the UK. Mr Gulbenkian is one of the country’s most influential business immigration lawyers and advises the UK Government’s Migration Advisory Committee on Immigration legislation and laws affecting UK and foreign businesses and investors.

Immigration law is frequently changing and becoming increasingly complex with the list of requirements and policy guidance issued by the Home Office causing uncertainty and frustration for many businesses and corporations in the UK. This has resulted in many corporations and businesses unable to meet the strict requirements which has in turn had a negative impact on profitability and the services that businesses can offer as their ability to hire foreign employees have been restricted. Failure to adhere to the immigration rules can have serious consequences for a business and its employees, for example businesses can face substantial fines and have their Licence to sponsor revoked immediately without a right of appeal.

Understandably without the right employees, a business will fail and so, if a business is refused permission to sponsor the right workers, they will likely experience financial losses. It is therefore vital that the correct help and advice is sought from the outset to avoid any possible complications when submitting applications to the Home Office.

How we can assist with your Corporate Immigration needs?

We are a niche firm of immigration solicitors with in depth knowledge and experience in all corporate Immigration matters. Due to the outstanding advice and service provided to clients and through our increasing expertise in Immigration, we have been awarded with the ‘Immigration law firm of the Year 2017’ award which is a highly sought after award within the Immigration sector.

At OTS Solicitors our head of business Immigration team, Teni Shahiean has been a Legal 500 recommended Immigration lawyer. Our business Immigration Department is made up of the UK's most knowledgeable and experienced Immigration and employment lawyers who are highly influential with an ability to track and anticipate changes to the immigration rules. In turn this has proven to be highly valuable and beneficial to our clients who receive only the most up to date, accurate and reliable advice at the most earliest possible stage of their cases.

We assist corporations in all Immigration matters to ensure that the right people are hired for skilled jobs and that employees are successfully retained to ensure that businesses continue to grow and profitability is always increasing. With the immigration rules constantly changing and becoming more ambiguous, we understand that businesses require a firm of specialist immigration solicitors whom they can rely on at all times and as such we provide an array of corporate Immigration services to meet our clients’ needs.

We are fully equipped to assist and advise on many corporate Immigration matters including:

Advice on correctly hiring and retaining staff to help you grow your business
Completing work eligibility assessments including undertaking the right to work checks in accordance with Home Office guidelines
Prompt assistance in obtaining a Sponsorship Licence
Advice on the revocation and suspension of a Sponsorship Licence
Full support to Human Resources department to ensure that files are kept updated and recorded in the format required by the Home Office

Contact our team of experts on 0207 936 9960 to start the process of securing your future’s business.

Business Immigration

Our team of experts include Legal 500 solicitors and a former Immigration Judge, Mr Paul Gulbenkian. OTS Solicitors are a highly experienced and forward thinking, established firm with inside knowledge of the Immigration process and requirements.

We understand that the immigration rules can seem daunting and quite complex especially for those wishing to obtain leave to remain under the Points Based System due to the lengthy requirements and policy guidance imposed by the Home Office. We have established a business Immigration team with experts that have dealt with all business Immigration matters for numerous years to ensure that our team is able to deliver the precise, detailed and prompt advice that our clients require.

We are highly rated within the legal profession due to our niche expertise and increasing success rate. We are able to effectively advise those seeking to make an application under the Points Based System including applications for Tier 2 (General) visas and a Tier 1 Entrepreneur Visas.

We provide extremely detailed business immigration services including:

Ensuring supporting documents to be relied on are in accordance with Home Office guidelines
Completing all forms on your behalf so that you do not have to deal with the lengthy and ambiguous forms
We will draft custom detailed legal representations highlighting the reasons why you meet the requirements of the relevant visa, rely on the case precedents that strengthen your application and clearly provide all supporting documents in a professional manner

Following the submission of an application, our responsibilities do not end there as we will continue to advise and guide you on how to remain compliant with the immigration rules as it is constantly changing.

From experience, we have found that the key to ensuring a secure future in the UK is to instruct experts in the field from the very beginning who will competently assist you every step of the way, from the initial application in obtaining a visa to the very last step of applying for British Citizenship.

Contact our business Immigration team today on 0207 936 9960 for further information.

Our team of highly accredited and dedicated business immigration solicitors can assit you or your company in relation to:

Compliance - Advice on the compliance requirements for Tier 1, 2 and 5 visa
Sponsorship Licence - Applying for a Tier 4 Sponsorship Licence
Global Mobility - the global movement of employees to multiple jurisdictions, including access to local expertise on procedures, standards and timescale
Tier 1 Visas:
- Tier 1 (Entrepreneur) Visa applications
- Tier 1 (Investor) Visa application
- Tier 1 Exceptional Talent Visa applications

If you are thinking of employing, working, investing, starting or taking over an existing business in the UK, our business immigration lawyers at OTS Solicitors have the expert knowledge to provide legal advice and guide you through the UK points based Immigration system. We therefore encourage you to get in contact with us at the earliest possible stage of your plans to migrate.

With our expert business Immigration and Employment advice on all types of compliance matters, points based applications, Entrepreneur and investor applications, over 95% of our clients have continued sucessful businesses in the UK and take advantage of the economic benefits of doing business in the UK. If you would like to speak to one of our business immigration solicitors, please call us on 0203 959 9123 or contact us online.

For a more detailed discussion regarding your case, or to book an appointment with a member of our Immigration team, please call us now on 0203 959 9123

Business Immigration Success Stories

OTS Success- Tier 1 Investor Visa

By Hans Sok Appady and Teni Shahian

Our client was assisted by Mr Hans Sok Appadu, Trainee Solicitor, and supervised by Teni Shahiean, OTS Principal Solicitor. The client, an Indian national who was studying in the UK, wished to remain in the country to continue to invest in his studies. Following the 2016 ‘Brexit’ referendum on EU membership creating a degree of uncertainty for our client, he was keen to obtain advice from the best immigration lawyers in London. After taking time to advise on the impact this might have and after being satisfied with the opportunities the UK would continue to offer him, we were instructed to proceed with his application for a Tier 1(investor) Visa. We secured a Super Premium Service from the Home Office, ensuring that the application was dealt with efficiently. We also drafted the details of his claim, guaranteeing a successful outcome.

OTS Solicitors Help Client Gain Tier 1 Entrepreneur Visa Without Having To Attend A Home Office Interview

By Teni Shahiean, of OTS Solicitors

Teni Shahiean is a founding partner at OTS Solicitors. She has a wealth of experience in business Immigration law, commercial law and employment law and regularly advises businesses on Sponsor Licence acquisition and compliance. Teni is also regularly called on to provide expert opinion on television and in print media, both in the UK and internationally.

A Tier 1 Entrepreneur Visa is one of the most difficult to obtain. Not only do applicants have to have access to the required funds of £50,000 or £200,000, but they also need to pass the Genuine Entrepreneur Test.

In 2015, the Migration Advisory Committee (MAC) released a report that stated the Tier 1 Entrepreneur Visa needed to be reviewed. One of the main reasons cited was that some migrants were using the Tier 1 Entrepreneur Visa route to avoid the £2 million required to obtain a Tier 1 Investor Visa, which could lead to an accelerated settlement. They achieved this by investing in a small equity stake of an established company but did not actively participate in running the organisation.

MAC suggested some significant changes to the existing application system. These included:

Appointing a panel of specialists with expertise in early-stage entrepreneurship, such as angel investors or venture capitalists;
Recruiting specialist Immigration officers qualified to review business plans;
Working with other government departments such as UKTI or BIS, or outsourcing the assessment of business plans to a professional services firm.

As at the time of writing, these measures have not been implemented. However, in 2015, the Genuine Entrepreneur Test, has become significantly tougher.

OTS Solicitors is a Legal 500 recommended law firm. We have won numerous other awards for our Immigration service, including a Global Excellence Award for the Most Trusted in Immigration law. My team and I regularly support clients who are applying for a Tier 1 Entrepreneur Visa to pass the Genuine Entrepreneur Test.

What is the Genuine Entrepreneur Test?

The Home Office uses the Genuine Entrepreneur Test to assess your credibility. Immigration officials will take the following into consideration when looking at your application:

How viable and credible your source of funds is
How much market research you have done in your chosen sector and whether you have a viable business plan
Your business experience and academic qualifications
Your Immigration history

The two main components of the Genuine Entrepreneur Test are your business plan and an interview with the Home Office.

The business plan

A key error those applying for a Tier 1 Entrepreneur Visa make when presenting their business plan is simply submitting the version they have developed for investors and lenders. Although the financial forecast of the business is important, Immigration officials are more concerned with whether you can meet the requirements of the Tier 1 Entrepreneur Visa. These include:

you can and will establish, take over or become a director of one or more organisations in the Britain within six months of being granted entry to the UK under the Entrepreneur Visa route
the required money (£200,000 or £50,000) is genuinely available to you and will remain so until it is invested in a start-up or existing company
you do not intend to have any other job in the UK and will concentrate on working in your business
you have enough money to support yourself and any dependents who may come with you, so you do not have to rely on public funds
you meet the English language requirements
your organisation has the prospect of providing full-time Employment for two settled UK workers within the first three years

In addition, your business plan will need to show you have an in-depth knowledge of the industry, you have the educational requirements and the experience needed to create/grow a successful enterprise and that you understand the UK market.

The Home Office Interview

As part of the Genuine Entrepreneur Test, you may be required to attend an interview with an Immigration official. You will need to be prepared as the interviewer will ask you many questions about your background, business knowledge and industry experience to help them decide on whether to grant you entry under the Entrepreneur route.

You are likely to be asked questions such as:

who wrote your business plan?
what is your sales and marketing strategy?
how much market research have you done?
do you have professional advisors in place?
do you understand UK Employment laws?
What connections, both personal and business, do you have in the UK?

My team and I work extensively with Tier 1 Entrepreneur Visa applicants to help them prepare for a Home Office interview. Not only do we provide a list of possible questions, but we also coach them through answers in mock interviews, so their answers are consistent and articulate on the day. Doing this means we have an extremely high success rate when it comes to having Tier 1 Entrepreneur Visas granted.

OTS success stories

Our client worked in the music industry in the Middle East. They applied for a Tier 1 Entrepreneur Visa using and planned to invest in an existing business in London. As the targeted business was not in their field of expertise and given and our client’s limited experience in this industry, we focused on detailing and showcasing all of the transferable skills from their marketing and managerial roles in the business plan and CV to fulfil the requirements of the Genuine Entrepreneurship Test. Because of our thorough gathering of evidence, the Home Office did not require an interview with the client, and their Entrepreneur Visa was granted straight away.

Being exempted from a Genuine Entrepreneur Test interview is extremely rare. This example highlights the skills that our immigration solicitors possess to create the best business plan that will instil confidence in Immigration officials.

To find out how we can help you successfully apply for a Tier 1 Entrepreneur Visa and create a successful business plan, please call us on 0203 959 9123.

OTS Solicitors is one of the most respected immigration law firms in London and is Legal 500 leading firm. By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.

OTS Successfully Helps Client Retain Tier 5 Youth Mobility Visa Worker

By Teni Shahiean, of OTS Solicitors

I regularly receive instructions from clients to help them retain talented staff who have entered the UK on a Tier 5 Youth Mobility Visa. And for good reason. The applicants are usually university graduates from countries such as Australia, New Zealand, Canada, South Korea and Japan. They are smart, work hard and well-travelled. They have often become a key member of my client’s team.

Problems arise because a Tier 5 Youth Mobility Visa only lasts for two years. After that, unless their employee can switch to another visa, they must leave the country, which can be disastrous for an employer who has come to value their skills and rely on them.

OTS Solicitors is a Legal 500 recommended law firm and has won numerous other awards for our Immigration service (Including a Global Excellence Award for the Most Trusted in Immigration law). My colleagues and I have successfully assisted many business and Tier 5 Youth Mobility Visa holders. We help the former retain talented employees and the latter to stay in the UK for a few more years (and some even permanently through acquiring Indefinite Leave to Remain).

When taking instructions on these types of cases, it is imperative to understand not only the requirements of the Tier 5 Youth Mobility Visa but how an employer can obtain a UK Sponsor Licence to enable them to sponsor their employee on a Tier 2 (General) Visa.

Tier 5 Youth Mobility Visa

The Tier 5 Youth Mobility Visa is open to citizens of:

Australia
Canada
Japan
Monaco
New Zealand
Hong Kong
The Republic of Korea
Taiwan

British overseas citizens, British Overseas Territories citizens and British overseas nationals can also apply.

Applicants must be aged between 18 and 30 and have £1,890 in savings.

Citizens of Hong Kong and the Republic of Korea must obtain a Certificate of Sponsorship reference number before they can apply. I will discuss certificates of sponsorship further on.

If an applicant is successful in obtaining a Tier 5 Youth Mobility Visa, they can study at most institutions, work in most professions or be self-employed (as long as your premises are rented, your equipment isn’t worth more than £5,000, and you don’t have any employees).

Family members cannot apply to come with you on a Tier 5 Youth Mobility Visa; they must apply separately.

Tier 5 Youth Mobility Visas expire after two years. There is no option to extend. Applicants must either find a UK employer to sponsor them and switch to a Tier 2 visa or leave the country.

UK Sponsor Licences

Most employers who are looking at applying for a UK Sponsor Licence have very little idea of what is involved. As a highly-ranked Legal 500 Immigration law firm, we provide expert advice to employers on not only how to obtain a UK Sponsor Licence, but how to meet the extensive compliance requirements to prevent the licence being downgraded, suspended or revoked.

If you are an employer and wish to obtain a UK Sponsor Licence so you can retain your Tier 5 Youth Mobility Visa employee, you must follow a strict application process which is outlined below:

decide the Immigration categories and tiers you wish to include on your UK Sponsor Licence
review your HR systems and ensure your business is capable of complying with the duties and responsibilities of a Sponsor Licence holder
decide which members of staff will be appointed as Key Personnel (our solicitors can carry out this function if you prefer)
collate the correct documents needed to submit with the application
decide on the number of certificates of sponsorship you wish to apply for in the first year
submit the online application and hard-copy documents to the Home Office
prepare for a Home Office visit (if requested)
receive your Sponsor Licence

The Resident Labour Market Test

Obtaining an A-rated Sponsor Licence is not the end of the process to retain an employee whose Tier 5 Youth Mobility Visa is about to expire. To recruit a non-EEA national for the position occupied by the current employee, the job will need to be featured on the UK Shortage Occupation List. If it is not, you will need to conduct a Resident Labour Market Test to assess whether any EEA citizens can fill the position.

The Resident Labour Market Test must be done correctly. Failure to do so could result in your licence being suspended or revoked. An Immigration lawyer can provide you with the best advice on how to conduct a compliant Resident Labour Market Test.

Once you have received your UK Sponsor Licence, and have completed a Resident Labour Market Test, you may be able to issue a Certificate of Sponsorship to your staff member who currently holds a Tier 5 Youth Mobility Visa. They will then be able to apply for a Tier 2 (General) Visa which will last for five years.

OTS success stories

We recently advised a client who was keen to retain a key employee whose Tier 5 Youth Mobility Visa was about to expire. We partnered with the company, helping them successfully apply for a UK Sponsor Licence and run a compliant Resident Labour Market Test. In addition, we continue to work with the organisation’s HR team on an ongoing basis, ensuring the Sponsor Management System is kept up-to-date, and all Home Office duties and responsibilities are complied with and conduct bi-annual mock audits to ensure the client’s HR systems will pass any unannounced Home Office visit.

To find out how we can help you retain talented employees by obtaining a UK Sponsor Licence, please call us on 0203 959 9123.

OTS Success - In TOEIC Appeal Challenge!

The client, a Chinese national entered the UK on a student visa. Prior to instructing OTS Solicitors, and following her graduation, she attempted to establish a business in the UK and remain in the country as a Tier 1 (Entrepreneur) migrant. However, this application failed due to insufficient evidence of being a genuine Entrepreneur.

Refusal on the Basis of TOEIC Centre

After the failure of Tier 1 Entrepreneur application, she secured a job offer and was offered a sponsorship for that position. As at that time she was still on her Tier 4 visa, with the assistant of an oisc Immigration agent she applied in country to switch to Tier 2. The application was initially refused due to a claimed deception, as the client had omitted to disclose the Tier 1 refusal. After a new application in the same category, where the client provided explanation in regards to the omitted information, another refusal was issued, on the basis that when she was applying to extend her student visa, she had used a TOEIC centre that was later on found to have participated in fraudulent scheme that allowed some applicants to use deception to pass the test. On this basis, the Home Office found that our client had obtained her previous leave using deception and therefore her application was refused.

In-country right of Appeal against TOEIC Decision

The client, of course, vehemently denied any wrongdoing. She instructed a solicitor before coming to OTS to challenge this refusal. As the application had been submitted in 2015, prior to the changes to the right of appeal, the decision carried an in country right of appeal. An appeal was lodged and the client approached OTS solicitors after receiving a hearing date, as she wished to desist instructing her previous solicitors.

Instructing OTS Solicitors & Amendment of Grounds of Appeal

Our firm's Appeals and Litigation team appraised the case and the available material and advised the client on the merits of her appeal. They further made a decision that the grounds of appeal needed to be amended to strengthen the case. Having carefully analysed the client’s case, it was decided by our specialist lawyers that the best venue for a successful appeal was to challenge the Home Office refusal decision on two grounds. On the one had the fact that the Home Office had not discharged from the duty to prove that the client had committed a fraud and had sat a TOEIC examination through a proxy or otherwise implemented illegal tactics to pass the examination. The Home Office was relying on a general expert report without any direct evidence implicating our client into such a fraudulent activity. This ground was fully argued to clear our client’s name who had been unfairly accused of dishonesty and deception.

The second ground that was put forward, was in relation to the client’s private and family life. The client was in a relationship with a British Citizen for over two years. This line of argument had been completely left out from the appeal and therefore necessitated the grounds to be amended.

Based on the advice given by our appeals and litigation team, the client decided to instruct on submitting amended grounds of appeal. Properly argued grounds of appeal were drafted by a barrister and submitted.

Preparation for the Appeal Hearing

Following these initial stages, our team started working on the preparation for the hearing, in conjunction with the counsel. Detailed statement was taken from the appellant and several other attendees of the same examination. This was aimed at showing that the client was familiar with the set-up of the examination centre and the process was of the assessment itself, aiding to the argument that the Client had, in fact, taken part in the assessment. Further to this, evidence of the knowledge of English prior to the assessment was provided, showing that e client had no probable cause for cheating.

Apart from the aspects dealing with the allegations of deception, our appeals team worked hard to produce evidence of the client's private and family life and to evidence why returning back to her country of origin to continue their family life there was not an option.

TOEIC Refusal Decision Challenged & Appeal Allowed

This appeal was allowed on both grounds, under the immigration rules and the human rights.

OTS Success - Tier 1 Investor Human Rights Appeal!

The client, a national of a non-EEA member country, entered the UK on a Tier 1 Investor Visa, having previously resided in the UK as a student.

Re-Entered the UK as Tier 1 investor after gratuation

While in the UK on the student visa, the client continued working for her family's business back home, acting as liaison for the business in the UK, the US and several EU countries. After graduating from her studies in the UK, she left the country and after a while, returned back to the country on as Tier 1 (investor) migrant.

High Profile Investigations

During the client's residency in the UK as a Tier 1 investor and before her leave would expire, a high-profile investigation was launched in the US that among other businesses implicated the client’s family business and the client personally into alleged counterfeiting activity. Investigations in Germany into the same business activity followed. The client's country of origin took advantage of these investigations that were being carefully followed by the media and claiming it was part of an anti-corruption and fraud campaign started against our client and several of her associates. The techniques applied by the authorities to carry out the investigations amounted to persecution of our client and others implicated. Some of her associates were imprisoned without due process. As a result of the investigation in the country of origin, a red notice was issued by the INTERPOL on our client's name. Our client was effectively in impossibility to travel and was under constant threat of being arrested on the basis of the Interpol notice.

Previous Solicitors

The client was advised by her previous solicitors to claim asylum. The claim failed, as the Home Office found the criminal charges brought against our client to be an evidence of prosecution not persecution and therefore not being covered by the Refugee convention. Particular weight was attached to the fact that there were western jurisdictions that were also bringing charges against the client and the businesses she had worked with.

Instructing OTS Solicitors Appeals and Litigation Team

The client approached OTS Solicitors to represent her case in the appeal. At that point, as a result of her asylum claim, her Tier 1 Investor Visa had been cancelled and the Client had no alternative basis to stay in the UK apart from the ongoing appeal.

Cross-Border Jursidictions

As the case involved complex issues and cross-border jurisdictions, our Appeals and Litigation team conducted a thorough initial assessment of the case, prior to lodging the appeal. The client was meticulously advised of the strengths and weaknesses of their case, of the evidence that would be required of them to produce to strengthen the claim and on the procedures. Throughout the entire time, our Appeals and Litigation team maintained contact with the client and their overseas legal representatives, closely monitoring the development of the overseas investigations and their outcomes.

Adjournment and Best Chances of Success

To give the client the best chance of success, our team asked for adjournment of the initial hearing on the basis that the outcomes of the overseas investigations where crucial to the asylum claim and there were clear indications that the criminal cases brought against our client in the US and German jurisdictions were going to be dismissed. Although adjournment was initially refused, our team managed to secure adjournment of the hearing on different bases, on the date of hearing. Having succeeded on this first step, the team continued to work tirelessly to secure the best result for our client.

Overseas Representative

Our Appeals and litigation team continued to maintain close contact with the overseas representatives and monitor the cases that eventually were dismissed, all the charges against our client being dropped in the US and Germany. The country of origin, however continued to persist in their criminal proceedings against our client.

UK human rights Obligation and Violations of Refugee Convention

Before the Tribunal, evidence was produced of the country’s record of human rights violations during the investigations of crimes, together with evidence that fair trial was unlikely to be accessible to our client. Further to this, evidence was produced on the prison conditions in support of the argument that returning the client to her country of origin knowing that the custodial sentence was highly likely to be applied, was already a violation of the UK’s obligations under the Refugee Convention.

Appeal Allowed on human rights Article 3 Grounds and Refugee Convention

The client’s appeal was allowed and it was considered that returning the client to her country of origin would result in the UK’s breach of obligations under the Refugee convention, as they would face violation of their rights under Article 3 and of the European Human Right Convention.

OTS Major Success In Judicial Review and UK Entrepreneur Visa

Solicitor – Teni Shahiean– CEO and Founder of OTS Solicitor, UK Immigration Law Specialist

Background
Teni's client is an Iranian national who came to OTS after his Tier 1 (Entrepreneur) Visa was refused twice following the applications being made by another Immigration law firm. Our client was not happy with the service he received from his previous Immigration solicitor and felt that after talking to Teni and Maryem, he would receive the best service available from OTS Solicitors.

UK Visas & Immigration first refused our client because they believed that he was not a director of a company. The second time he was refused was because the department claimed he had not properly invested the required £200,000.

How we helped

Teni began by investigating the first two initial refusals. She found that UK Visa & Migration had not considered our client’s Certificate of Directorship and had ignored invoices that showed he had invested in his company in a way that is required by the immigration rules.

We have submitted a Pre-Action Protocol on our client’s behalf, alerting the Home Office that we will be challenging the decision via judicial review. Teni and her team are currently negotiating with the Home Office to try and reach an early settlement.

Follow-up Support

We will continue to work with our client after his Tier 1 (Entrepreneur) Visa is approved; assisting him by ensuring he understands the residency requirements for applying for Indefinite Leave to Remain. We will also work with him and his staff to ensure his business is continuing to be compliant with UK Immigration laws and policies.

OTS Success In Sponsor Licence Application for a Financial Technology Company

Teni Shahiean – Principal and Business immigration specialist

Background

Lusine was instructed by a financial technology company who wanted to hire an international student who was interning at the company but whose visa was soon to expire.

How we helped

Because the employee’s existing visa was due to expire, Lusine ensured that the application for the Sponsor Licence was expedited. She was also extremely diligent in ensuring all the necessary documentation was collated and the application form was filled out correctly so no delays would be incurred.

Follow-up Support

Our client’s application is still pending. Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.

OTS Success In Sponsor Licence for Wholesale Suppliers of Subscription Drugs

Solicitor – Teni Shahiean

Background

Teni was instructed by a wholesale company which supplied subscription drugs to doctors and pharmacies who wanted to hire a non-EEA national and therefore required a UK Sponsor Licence.

How we helped

Teni took the time to meet with the client and discuss their Immigration requirements. She quickly established that there were no ‘red flags’ that may cause the Home Office to refuse to grant the Sponsor Licence. Practices that may result in an application for a Sponsor Licences being rejected include:

failure to file company accounts
failure to keep adequate employee records
prior or ongoing investigations by the regulator responsible for their sector

Our solicitors ensure that as part of this due diligence process, any potential problems with obtaining a Sponsor Licence are identified and dealt with swiftly.

Follow-up Support

Our client’s application is still pending. Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.

OTS Success In Sponsorship Licence Application For International Bank Based In London

Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors

Background

Our client was an international bank based in London who required a Sponsor Licence to employ a staff member working in an overseas branch of the organisation. To gain entry into the UK, the employee had to apply for a Tier 2 (Intra-Company Transfer) Visa.

How we helped

Teni worked with the bank closely, taking the time to understand their reasons for needing the Sponsor Licence and ensuring that a Tier 2 (Intra-Company Transfer) Visa was the best strategy to use.

Once she established that it was, she made the application for the Sponsor Licence. Because she partnered closely with the bank’s HR team, she was able to advise on all the supporting documentation that UK Visas & Immigration would require to approve the application quickly.

The process was smooth and efficient, with the Sponsor Licence being granted in under four weeks.

Teni then organised a Certificate of Sponsorship for the employee who would be applying for the Tier 2 (Intra-Company Transfer) Visa. This was obtained within two weeks because of her in-depth understanding of the process and what is required to ensure applications for a Certificate of Sponsorship are submitted correctly the first time so no unnecessary delays occur.

Follow up support

Teni and her team provided the bank’s HR and Compliance Officer with the knowledge they require to meet their ongoing regulatory obligations under the Sponsor Licence regime. They continue to be on hand to offer advice and training as and when required.

OTS Success Application For Accelerated Leave to Remain Made Under Entrepreneur Visa Route

Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors

Background

Teni’s client is a Chinese family who came to the UK on a Tier One (Entrepreneur) Visa. They had gone on to create an extremely successful business and wanted to apply for accelerated leave to remain in the UK.

How we helped

Under the Tier 1 (Entrepreneur) Visa, there are two ways accelerated leave to remain can be granted:

a) the business employs 10 or more people who are ‘settled’ (ie are British Citizens or have Indefinite Leave to Remain) in the UK; or

b) the organisation has a turnover of at least £5 million per year

Teni’s client is applying under the 10 or more employee qualifier. The application required a vast amount of paperwork to be collated and submitted to UK Visas & Immigration, not only from the applicants themselves, but their employees.

We have advised the clients on the supporting documentation needed, prepared the application and are currently awaiting a decision from the Home Office.

Follow-up Support

Once the family obtain Indefinite Leave to Remain, we will continue to work with them to strategise their application for British Citizenship, ensuring any business travel requirements do not jeopardise their eligibility for naturalisation.

OTS Success In Tier 2 Sponsor Licence for a company operating in the London's financial sector

Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors

Background

Our client operated in the financial sector and was based in London. They required a Sponsor Licence to employ a staff member already working for the organisation whose existing visa was about to expire. The employee needed to apply for a Tier 2 (General) Visa to remain in the UK and to do this our client had to sponsor him.

How we helped

Teni and her team partnered closely with the businesses HR team, advising both them and the employee on the best steps to take to ensure a successful outcome would be achieved.

An application for the Sponsor Licence was made and quickly approved.

Teni then organised a Certificate of Sponsorship for the employee who would be applying for the Tier 2 (General) Visa.

Follow up support

For organisations planning to recruit talent from outside the EU, it is imperative that they have all the supporting documentation required to make business visa applications easily accessible. At OTS Solicitors, we work with organisations over the long term, making a point of understanding their business and their commercial ambitions. This allows us to advise them of the documentation they will need to collate if they wish to grow in the future and need to make a fresh hire or seek an intra-company transfer to fill the position they have available.

OTS Success In Sponsor Licence for a Frozen Food Delivery Company

Solicitor – Teni Shahiean

Background

Teni was instructed by a frozen food delivery company who wanted to hire a non-EEA national who had previously worked for the organisation but now lived abroad.

How we helped

Teni advised the client on conducting the required Resident Labour Market Test. She guided them through the advertising process, ensuring they placed the advertisements in the correct locations for the full 28 days and that they were designed in a way that would satisfy Home Office Officials. She then submitted the application for the UK Sponsor Licence for the client.

Follow-up Support

Our client’s application is still pending. Once it is approved, we will assist them with obtaining a Certificate of Sponsorship and ensuring they remain compliant with their sponsor obligations.

OTS Successful In over £200k Tier 1 Entrepreneur Case

Our client TZ, a national of China, approached OTS Solicitors after refusal of her leave to remain as a Tier 1 Entrepreneur Visa and a high net worth investor. She had previously been granted leave to enter as Tier 1 Entrepreneur applicant and had established successful businesses in the UK into which she had invested significant amount of funds. At the time of her extension application she was the director of the company she incorporated and was employing 4 workers.

Her Tier 1 Entrepreneur extension application was refused for alleged failure to provide a piece of specified evidence. As our client approached our business investment and Immigration Department after refusal of her application that carried a right of administrative review our business immigration lawyers conducted an initial consultation to assess the reasons of refusal and any possible grounds of challenge.

The client was advised that the missing evidence was not mandatory, as the other documents provided with her leave to remain application provided the specified information. She was also advised of her options and that administrative review was her next step as an investor she would not have a right of appeal. She was advised that this was a statutory remedy and, although it was unlikely to succeed due to the Home Office established practice of refusing administrative review requests, our lawyers explained that any judicial review claim was unlikely to succeed if administrative review was not sought.

While administrative review was pending, our investment and Tier 1 Entrepreneur Immigration team requested the client's file from previous representatives, in order to carry full assessment of the case to detect any possible and hidden issues that might lead to further refusals.

After receiving the expected refusal of the administrative review, our lawyers issued the Home office with a pre-action letter requesting withdrawal of the erroneous decision and reconsideration of our client's Tier 1 Entrepreneur decision. Our business immigration lawyers argued that specified information had been provided and as such was sufficient. Further to this, argument was made, based on home office evidential flexibility policy, that the Respondent should have requested any such further evidence they felt necessary for considering the application.

No response was received in the 14 days allowed for the Respondent to respond to the pre-action letter. judicial review proceedings were started and lodged. On the same day, after the lodging of the judicial review claim, response was received from the Respondent, agreeing to reconsider our client's application. Negotiations started with the Respondent to settle the judicial review claim and the Respondent, also agreed to pay our client's costs.

Shortly after, our business Immigration team was contacted by the Home Office confirming a new decision was made and that our client was to be granted 2 years further leave in Tier 1 Entrepreneur category and our client would continue to invest in ther UK businesses.

OTS Successful Appeal Against Refusal of Work Permit and Human Rights Article 8 ECHR

Our client, KK, a national of Lebanon arrived to the UK in 2007 with his wife and two young children. He came as a work permit holder. During his stay in the UK, the employer became insolvent and the business was continued under different company. Our client was not correctly advised at the time of his obligations to inform the Home Office of his change of employer and carried on with his activities.

After reaching the required five year period for settlement, our client applied for Indefinite Leave to Remain. At this point he and his family had fully adapted to the British way of life and from an employee he had become a successful businessman, employing considerable amount of workers.

After a lengthy delay, our client's Indefinite Leave to Remain application was refused due to lack of compliance with his duties to inform the Home Office of change of employers.

Our client approached OTS Solicitors seeking advice and assistance on challenging the decision. As the decision was made under the old rules, it carried right of appeal and our Immigration litigation lawyers advised the client on his options and grounds for challenging the refusal. Our client was advised that due to his lengthy presence in the UK, his family ties in the country, he had a strong family and private life grounds for challenging the refusal of his Indefinite Leave to Remain application. He was further advised that due to the length of his children's stay in the UK and their full integration into British society, the rule regarding the child's stay in the UK for more than 7 years was considerably adding weight to the strength of his family's case.

Our team of immigration lawyers specializing in appeals and Immigration litigation took over the case and prepared the grounds of the appeal challenging the decision. After the hearing date was notified to our offices by the Immigration and asylum Tribunal, we worked closely with the client advising and assisting him in compiling the evidence to put before the Tribunal. Our team of lawyers also constantly liaised with the Counsel instructed by our firm on behalf of the client, to make sure that the client's and his witnesses' statements and evidence were covering all the issues to be raised during the hearing.

Our client's appeal was allowed on the grounds of family and private life as advised by our Immigration litigation team, with considerable weight being given to the fact that he had extended family in the UK, who would be affected by their removal and with acknowledgement that our client's children would have succeeded in their claim to remain in the UK in any event, irrespective of the extended family presence, due to the length of their stay and degree of integration into this country.

This work was carried out by Principal Solicitor Teni Shahiean and Immigration Lawyer Dr. Lusine Navasardyan.

To find out how we can help you with your immigration appeal, please phone our London office on 0207 936 9960, to talk to one of our experienced immigration Solicitors.

OTS Successful Appeal Against Further Leave to Remain Refusal

Facts of the case

Our client, AB, arrived in the UK in December 2010 with entry clearance as the sole representative of an overseas business which was valid until October 2013. He was later granted an extension until November 2015. Before Mr B became a client of OTS Solicitors, he made an application In October 2015 for Indefinite Leave to Remain with his spouse as his dependent, however his application was refused in February 2016 on the grounds that he did not satisfy the criteria of the immigration rules under Paragraph 147. Without the help of Solicitors, AB made an administrative review request in February 2016, however this was also refused in March 2016 on the same grounds.

At this point, AB approached OTS Solicitors as his new solicitors and instructed our team of immigration lawyers to submit an application seeking further extension to his leave.

Grounds of the successful appeal

We submitted that our client did satisfy the criteria of Paragraph 147 due to the fact that:

• Our client’s business had its headquarters and principle place of business outside the UK;

• Our client was employed as a representative of the business;

• Our client was required to by his employer to continue his Employment;

• Our client was receipt of a salary from his employer;

• Our client was generating business for his employer; and

• The company our client represented was registered at Companies House

We further submitted that the refusal was a breach of his treaty rights under Article 8 of the European Convention of Human Right which guarantees the right to respect for private and family life and that the refusal failed the test under R (Razgar) v. Home Secretary [2004] 2 AC 368.

This case resulted in the best outcome of our client due to the application carried out by OTS Solicitors immigration lawyers

Your Questions & Our Answers about Business Immigration

I am having tier 4 dependent Visa and how could I apply tier 2 visa

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

Dear sir, I on student tier 4 visa here can we apply for entrepreneur tier 1 £200,000 from Home country then come back to uk on tier 4 visa and wait for decision. ?

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact

Case type: Immigration, Business Immigration, Business Visas

We have Sole Rep who is designated as Manager and he is AO. We need to renew his Sole Rep permit. However, we have AVP & Director joined recently in UK for sales engagement. AVP work on Europe related sales and he is British citizen and Director also to do sales engagement like AVP and she into PBS dependent status. In this situation, can we extend the Sole Rep as he is authorized employee in UK by our management.

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk

Case type: Immigration, Business Immigration, Sole Representative Visa, Business Visas

What is the success rate of tier 1 investor visa for uk ?

Thank you for your enquiry.

Our success rate dealing with business visa is extremely high. We have a team of Legal 500 ranked lawyers with extense experience in dealing with all sorts of business Immigration related matters.

Please call us on 0203 959 9123 or contact us here: https://otssolicitors.co.uk/contact so we can assist you.

Case type: Immigration, Business Immigration, Tier 1 Investor Visa, Business Visas

Please I’m looking a work sponsor. I’ll be glad if there’s any help on this. I'm currently on tier 4 visa. I have Msc in Accounting.

Thank you for your enquiry.

Unfortunately, we don't help finding a job. We can, however, help you with your Tier 2 application once you find a company willing to sponsor you.

We can also support said company with their Sponsorship Licence, if they don't have one.

Thank you.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Tier 2 Sponsorship Licence Application, Business Visas

Hello OTS Team. My current visa situation - I am working in the UK with ICT Tier 2 Visa. In June 2019 the Visa is ending. I still have 6 months to complete 5 years stay in the UK , Question 1: if I apply for extension will I get Visa for the remaining 6 months? This extension is critical for my daughter to complete her GCSE. Question 2: I have plans to invest £200,000 and start my own software Training and services company. Will OTS Team help to prepare a project plan? Question 3: I am also hearing that UK is planning to implement new rules for Entrepreneurs visa. When will that come in place?

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa, Tier 2 Work Permit Visa and Sponsorship Licence

My dad is looking to open a day nursery business in the UK. He is an Indian citizen and he runs electronic business in India. He doesn't have qualification to run a nursery business, but he wants to do this business with me, as I'm a teacher. Kindly advice how we can go about this, what chances do my parents have to apply for a Tier 1 Entrepreneur visa?

Thank you for your email.

The Tier 1 Entrepreneur Visa route allows you to invest in an existing business in the UK or set up a new business from scratch. The key to success is to ensure that your father fully understands the business he intends to establish, that his skills and experience can be matched to the business needs and that the business is viable and credible. Of course, he must also meet all the other requirements which can be discussed at length at a later stage.

Should you wish to discuss the matter further, I will be happy to arrange a consultation for you over the telephone from our office.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa, Business Visas

Hi dear sir. I am Joan Decena and I am looking for work permit sponsor job. Before I worked in Tokyo, Japan in a factory and I have a experience working in restaurant and hotel. I'm applying for Tier 2. Do you provide employer support with sponsorship and support with Tier 2 visa?

Dear Joan,

Thank you for your enquiry.

Unfortunately, we do not provide a service to support job applications.

We are, however, an Immigration law firm, so we can support you in applying for your Tier 2 visa applciation once you get a job offer.

We can also support with the Tier 2 Sponsorship License in case the company offering you a job does not have one: http://otssolicitors.co.uk/tier-2-work-permit-visa-and-sponsorship-licen...

Thank you.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Tier 2 Sponsorship Licence Application

what will be your fees for whole process of Sponsorship Licence + Entry Clearance visa? Beginning to End service. I want to complete whole process by end of march. This is for Food Industry and Tier 2 General for Chef

Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

I have a misdemeanor (trespassing) conviction in US 3 years ago, was sentenced to unsupervised probation of 18 months. How will this affect my chances of getting a tier 2 visa? What extra documents would I have to provide for my conviction?

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Individual Immigration

Dear OTS Team, I would like to apply for Tier 1 program along with a partner and i can arrange required funds for the business and for the family. Upon receipt of VISA my family will migrate to UK according to VISA period. However i may not be able to fulfill the condition of 180 days of stay in the UK annually but my partner can. Will i and my family be eligible for the VISA extension after 3.4 Years ? Will my partner be eligible for visa extension ? Best Regards

Thank you for your below enquiry, and further to our telephone conversation, please be advised that the absences which are more than 180 in last 5 years during the time of your 5 years of the Tier 1 status, will not make you quaify for the settlement, and so for your dependents, however if you require further clarifications, please let me know and I will be glad to assist you.

[This question has also been answered by our lawyers privately by e-mail]

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Hi OTS team, I am in process of buying a bed& breakfast business investing £500k plus. The business is on going with 2019 pre-bookings in books already. I will be buying the business from the previous owner. I am currently in UK on tier 4 visa dependent and would like to apply tier 1 ENT from outside UK. Can you advice if this will be applicable for tier 1 visa under £200k route? Please advice.

Thank you for getting in touch with us.

Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.

In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa, Business Visas, Individual Immigration

Dear OTS, If I have invested 50k into a UK business within one year before my application for an entrepreneur visa, do I stand a chance to be granted an entrepreneur visa

Dear Sir,

The investments or funds have to be held in the account for 3 months before making the Tier 1 Entrepreneur application, however in regard to the kind and type of the investment depends on business to business and its nature. Our solicitors will contact you shortly to discuss your matter further.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

I & my family visited London last month for first time we spent 2 days in London I want to do investment in London so pls advice me

Dear Sir/Madam,

Many thanks for your Tier 1 Investor Visa enquiry.

There are various requirements you will need to meet to be eligible for the Tier 1 Investor Visa. The Tier 1 Investor Visa is ideal for individuals with high net worth funds wishing to invest into UK government bonds, share capital or loan capital in active and trading UK registered companies. You will firstly be required to show you have access to the required fund, and that you have held the funds for the required time frame. Please note, the Tier 1 Investor Visa route will be suspended this Friday (7/12/18). We understand this will be until an audit process is introduced. Our solicitors will contact you shortly to discuss your matter further.

Case type: Business Immigration, Tier 1 Investor Visa

Hello OTS team, I will like to apply for tier 1 entrepreneur visa, am currently working in an oil and gas industry in Nigeria for over 12 years now and wish to retire soon to start my own geniue business in the UK with my family. Am willing to invest £50000. Please advise

Dear Sir,

Many thanks for your Tier 1 Entrepreneur enquiry. We will require further information from you in order to advise you on the requirements and process of the Tier 1 Entrepreneur Visa. We will firstly need to discuss your business plan and assess whether you meet the financial requirements. Our business immigration solicitors will contact you shortly to discuss your matter further.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

Dear OTS team , I am B.E. from Bombay University. I wanted to know for Entrepreneur Visa application to British Columbia ( Canada) do I need to get Transcripts from university ?

Dear Sir/Madam,

Many thanks for your question.

At present we can only assist you with UK Entrepreneur Visa.

Best Wishes,

OTS Solicitors

Case type: Business Immigration

I wish to apply for a sole rep visa. Kindly call.

Thank you for your enquiry.

This visa is ideal for senior employees who are not majority shareholders of an international company with no branch, subsidiary or other representative in the UK.

We will contact you to discuss the matter further.

Case type: Business Immigration, Sole Representative Visa

Hi I am working under Tier - 2 visa as 'Lecturer' in further education. SOC code is 2312. I have the required salary for the tier 2 visa. I am eligible to apply ILR in May'2021. However I do not fulfil the salary requirement cap of £36,900.00, Presently I am short by £4000.0 annually. My salary does not look like will increase any further as organisation has given me the highest salary for that post. My question is there any chance or way I can get ILR in 2021 or I have to leave country after passing 6 years of tier 2 visa. Fyi, I am staying with my family - Wife and two children. One child is giving GCSC next year and another child in year 8 presently. My wife is not working. Appreciate your kind response and help.

Dear Sir,

Many thanks for your question.

There may be a possibility for your ILR application to be granted. We will require further information from you in order to advise you on your options. Our solicitors will contact you shortly to discuss your matter further.

Case type: Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Indefinite Leave to Remain

Dear OTS Solicitors, With regards to Tier 1 Investor visa (£2 million investment), we (husband & wife) originally from Saudi Arabia with a UK Multiple entry visa Type C. We travel to the UK as a visitor with our UK multiple entry visa as we have properties in the UK. Could we apply the Tier 1 visa with our current (other) St Kitts & Nevis passport? Could we submit the application (forms, passports, bank statements, payments etc) with all required documents when we are in the UK? Appreciate your comments with thanks.

Dear Sir/Madam

We note your enquiry. In terms of applying from inside the UK, it is unfortunately not possible as you only hold visitor visas. You will need to apply from your country of long-term residence. Regarding your other question, we will contact you by email to address it.

Case type: Business Immigration, Tier 1 Investor Visa

Dear OTS team, My family and I are interested migrating to UK through Tier 1 Entrepreneur visa sponsorship. Can you advice as to how long it will take to obtain tge visa after submission of application? Also please let me know how soon we should land in the UK once the visa is granted?

Dear Sir,

Many thanks for your Tier 1 Entrepreneur enquiry.

The processing time of the visa from Dubai should not take long. Some of the applications that were submitted as expedited (with an extra processing fee) are decided within a few days. However, the preparation of the application is what does take time and requires attention. Once visa is granted you would need to enter the UK within 30 days from the visa start date indicated on the visa stamp in your passport.

Our business immigration solicitors will contact you shortly.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

how can you help me living in pakistan making application for tier 1 entreprenuer visa. how much you charge for the processing fee , thanks

Thank you for your enquiry.

There are several key requirements to be met in order to get a visa as a tier 1 Entrepreneur. We will contact you to discuss this in more detail.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

dear ots team , aim a Palestinian/ Lebanese refugee with 49 years old , working at a senior managerial position national emarattii co , majid alfuttain / carrefour retail , with almost 25 years of experience between the retail business as well import / export agri food sector . i am thinking of creating my own business and have my own establishment , i was direct it to nether-land for the huge business opportunities , but still seems the tire 1 visa at England is also a great opportunity , financially i have no concerns with the funding , and since my kids are all above 18 i would like to start such business experience alone . what i wish to know as first the business opportunities at England , then , is my case can be approved ? , what will be the procedure and costing , time frame ,rg

Dear Sir,

Many thanks for your Tier 1 Entrepreneur enquiry.

Our business immigration solicitors will contact you shortly.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

I am looking for the best Tier 1 Entrepreneur Solicitors to help with my business which will be investing £200,000 pounds to set up a new business. I will need help completing the application and with legal representation and business plan please. Contact me please, I live in Pakistan and having my personal business.

Dear Sir,

Many thanks for your Tier 1 Entrepreneur enquiry.

Our solicitors will contact you to discuss your matter further.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

Dear OTS team, I am currently living in Pakistan , I want to do live & business in uk , I heard about tier 1 business visa , please advise me that how can I take this opportunity and also advise for starting business in uk , in Pakistan I run my personal business and required funds also no problem for me , we have six family members and i want to live with my family in uk . Thanks & Regards

Dear Sir,

Many thanks for your Tier 1 Entrepreneur enquiry.

Our solicitors will contact you to discuss your matter further.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

Hello - currently I'm in tier 2 ICT uk. Is any thing that some one sponsor Germany visa work permit. Is that possible to transfer my visa to Europe.

Dear Sir,

Many thanks for your Tier 2 ICT enquiry. Our solicitors will contact you shortly. to discuss your matter further.

Case type: Business Immigration

Re: Sole Representative of an Overseas Business Visa...Does the overseas business HAVE to be company or would a sole trader of many years be sufficient? Many thanks

Dear Sir,

Many thanks for your question.

The immigration rules do not specify that it has to be a company. The rules refer to an overseas ‘Business’ without defining the type of business.

Our business immigration solicitors will contact you shortly.

Case type: Immigration, Business Immigration, Sole Representative Visa

I am interested by the tier1 route, however i am looking fir a shareholder in order to take in charge the half of 200.000 £ Can you help on this?

Dear Sir,

Many thanks for your question.

We will contact you via email regarding your Tier 1 Entrepreneur enquiry.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

Respected sir/madam, I have been issued a COS for a corporate who have got different work places through out UK.but as the COS application submission took some time so the job place were I was supposed to join has already been occupied.Now my sponsor wants me to work at a different work place but the sponsor is the same.Is it acceptable by home office if I work for the same sponsor but at a different work place. Kindest regards

Dear Sir,

Many thanks for your enquiry.

I note the information you provided in regards to your COS and the introduction of a new workplace rather than one originally stated in your COS. Please note that this is not a straightforward procedure. Therefore the best way to proceed would be to contact our offices.

Our immigration solicitors will contact you shortly.

Case type: Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

I'm a Chef looking to be sponsored on a Tier 2 visa. I've an offer of employment but the salary is 29750 and the requirement states that I need to at least be offered 30000. I read that even if these requirements are met that I might be turned down for a Tier 2 visa because of caps, quotas and settled skilled workers. The information is not clear online. Some sites say I need to make 30000 a year others say it is now 35000 and even others say that only wages of 50000 are being accepted by the home office. I am currently in the UK but read that I have to return to my home country just to apply. Are there any exceptions. Can I apply in Ireland for my Tier 2 instead of going all the way home, I would really like to speak with someone to get clarification regarding this. Thank you.

Dear Sir/Madam,

Thank you for your question.

Your salary must be at least the minimum wage for the SOC Code or £30,000 whichever is higher. At the moment the Home Office are accepting applications from sponsors if the sponsor is willing to pay a certain amount in salary, this amount varies which is why sponsors are being advised to pay more in salary in order to have more chance of securing the employee.

Whether you are able to switch to Tier 2 from within the UK would depend on your current status in the UK.

Case type: Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

Dear Sirs, I am asking about an extension application for tier 1 (entrepreneur) visa. How much is the home office fees for the extension application per person. Best regards,

Dear Sir,

The government fees for Tier 1 Entrepreneur extension application are £1,277 per person. There is also a separate fee for the Immigration Health Surcharge (IHS), which is £200 per year of visa per person, so for the Tier 1 Entrepreneur extension the IHS fee is £400 per person.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

Dear Sirs, I work as a Project Manager for a start-up company based in Rome which focuses on scientific research. We are considering the possibility of moving the company's headquarter to London and would like to know if there is someone in your firm who specialises and has worked for many years in this field and can advise us on all the fiscal and immigration implications which this decision would lead to. An approximate idea on the associated costs would be very much appreciated. I look forward to hearing from you.

Dear Madam,

Many thanks for your enquiry.

Our business immigration solicitors will contact you shortly.

Case type: Business Immigration

Hi!! my employer wants to apply for me, they are registered as a charity. So if the immigration office can do a check in online, what other documents will be needed to support the application form?? Thank you!

Thank you for your enquiry.

In order to establish what documents are needed by your employer to apply for you Tier 2 Visa and/or apply for their Tier 2 Sponsor Licence, we need to obtain further information about their organisation. The immigration rules are very detailed and thus it is important for us to assess your employer’s case in full.

Our Business immigration solicitors will contact you shortly.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Tier 2 Sponsorship Licence Application

Dear OTS Team, I would like to get some advice regarding Tier 1 Entrepreneur visa for my brother, please. He is currently living at USA and has a MBA degree and has a delivery business. My partner and I have a dental practice and we would like him to take over this business as a Business Manager and have 200,000 in our saving as an investment money to present upon application. We would like to know whether that type of business is possible to secure Entrepreneur visa? Best Regards, June Win

Dear Aleimar

Thank you for your enquiry. Under the Tier 1 Entrepreneur Visa an investment in dental practices is usually permitted. However, to advise you in detail we would need to obtain more background information on your matter. We will contact you via email.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Hi, I am currently on tier 2 intra company transfer visa work permit. Can I get the sponsor ship in UK for my role.

Dear Sir,

Many thanks for you Tier 2 sponsorship question.

We will require further information from you in order to assess your matter and advise you accordingly. In any event, under the current Tier 2 ICT immigration rules you are unable to switch employers or apply for Tier 2 general in country.

Our Business immigration solicitors will contact you shortly to discuss your matter further.

Case type: Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

I am planning to migrate from India on 2M investor visa. I am holding master degree in electrical engineering from India. Could you please advise 1) Do I need to appear for IELT EXAM. 2) What are the process involved in the purchasing govt. bond and what are the organization from where I can purchase the govt. bond? .Is there any additional charge for this? 3) What are the companies where I can invest for share or loan capital. 4) If I use your service for the entire period , what would be your charge in Pound? Appreciate your response. Regards

Dear Sir

Thank you for your enquiry. We note you are planning to apply for an Investor Visa. We can confirm that there is no English language requirement under this visa category.

Our business immigration solicitors will contact you shortly to discuss the various Tier 1 Investor Visa requirements.

Case type: Business Immigration, Tier 1 Investor Visa

Hi, I m doing fire and safety business in pakistan since last 12 years . I did engineering and master of economics and finance. Now I want to start fire and safety business in uk .I m import fire and safety equipment from uk usa and china . I m distributor of uk usa Chinese company in pakistan.

Dear Sir,

Thank you for contacting OTS Solicitors.

In order for us to advise you on your query, it is important for us to obtain more background information relating to your matter. We will contact you by email to arrange a consultation.

Case type: Business Immigration

Dear OTS Team. If you enter on the Entrepreneur Visa. Do you get a National Insurance No? What rights does this give you? Can you work in another job as well. Also, if my son goes in on a Study Visa will he be able to work and does he get a National Insurance No?

Dear Sir,

Thank you for your questions.

You will need to apply for a national insurance number once you arrive in the UK in order to set up the business and start work. You will not be able to work for another company on the Entrepreneur Visa.

In relation to your son, he can work whilst studying in the UK. He can work a maximum of 20hours per week and full-time during holiday periods. He must apply for a national insurance number in order to work legally in the UK.

Our Solicitors will contact you shortly to discuss your matter further.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa, Student Visa, Tier 4

Dear Concern, have understood the entire process for Tier 1, Entrepreneur Visa, Kindly confirm me the fees to complete the entire process, Currently I am an Indian National, wanted to set up a call with any of your visa expert. Regards Rahul Bakshi

Dear Sir,

Thank you for your question.

The requirements of the Tier 1 Entrepreneur category are that an applicant must be able to show access to £200,000 in cash funds, and satisfy the English Language requirement. There is also a maintenance requirement where a certain level of savings must have been maintained for 90 days before making the application. It is mandatory to satisfy the Genuine Entrepreneur test and it is vital therefore to present a well prepared business plan as part of the process, which must be clearly related to the skills and experience of the applicant.

Our Business immigration solicitors will contact you shortly to discuss your matter in further detail.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Hello OTS Team Many Thanks for your great service. I am on a Tier 2 ICT Long Term Staff Parner(Dependent Visa) valid till Oct 2018. We are positive that My Partner's visa will be extended by one year. Just in case if I need to convert my Tier 2 Dependent to a Tier 2 General Visa could you elaborate the process and who i should reach out. I am currently in a job and the contract is for 6 months. Can you let me know what I have to do to get a Tier 2 General Visa within the UK and within October 2018. Thanks for your continuous support.

Thank you for your question.

As a dependent visa holder, you are unable to switch to a Tier 2 General visa (as the main applicant) from within the UK. If you wish to switch to this visa, you would need to leave the UK and apply from your home country. Your partner will also be unable to switch from Tier 2 ICT to Tier 2 General (as a main applicant) within the UK and will have to wait 12 months before returning to the UK.

If you would like further guidance on this, please do not hesitate to contact us.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

Hello, can you please let me know your fees for the Tier 1 visa application? I have a business in translation and would like to buy an existing company in UK. I hold a Grenadian passport and have Master in translation from American University with more than 20 years of experience in this domain.

Dear Sir,

Thank you for your Tier 1 Entrepreneur enquiry.

Buying an existing business does not count towards investment for the Tier 1 Entrepreneur Visa. We would recommend having an initial consultation to discuss your enquiry in more detail for us to provide you advice.

Our business immigration solicitors will contact you shortly

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Hi I m from India I m willing to invest 50k in uk but I have a travel history in uk in 1999do I stand a chance plz guide

Dear Sir,

Thank you for your question.

The requirements of the Entrepreneur category are that an applicant must be able to show access to £200k in cash funds or 50k in venture capital from UK government funding and satisfy the English Language requirement. There is also a maintenance requirement where a certain level of savings must have been maintained for 90 days before making the application. It is mandatory to satisfy the Genuine Entrepreneur test and it is vital therefore to present a well-prepared business plan as part of the process, which must be clearly related to the skills and experience of the applicant.

In terms of your travel history, we will need further elaboration on this in order to advise.

Our Business immigration solicitors will contact you shortly.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

I am an Indian adult student with more that 15 years of IT expereince. Now I am going to complete my 2nd MSc on Cyber security and want to move to Tier 1 to set up my own business here in the UK. Previously I was in TIer 2 for nearly 2 years. Could you please help me to start the process. I would like to get updates on my email

Dear Sir,

We note that you are currently completing your second MSc on Cyber security and you would like to move to a Tier 1 Entrepreneur Visa to set up your own business in the UK. We can assist you with the Tier 1 Entrepreneur Visa application.

Our Business immigration solicitors will contact you to discuss the process in detail.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Dear Team , I have been in the UK since December 2009 as a dependant . My Husband applied for ILR in 2016(tier 1 gen from 2011-2016) and I applied with him as a dependant and got a refusal in 2017 . We were than given the option to either do a Admin review of the decision or make a fresh application . My husband than applied for ILR(LR) as he completed lawful residence of more than 10 years. I applied for FLR(FP). However I am considering withdrawing my application and getting a sponsorship. Will I be able to apply from within the UK or will I have to withdraw my application and go back home and than apply from overseas?

Dear Madam,

Many thanks for your question.

You are generally not permitted to switch in country from a Tier 1 dependant to a Tier 2 visa. You are generally required to leave the UK and make an application as a Tier 2 general mirgrant.

Our solicitors will contact you shortly.

Case type: Business Immigration, Tier 2 Sponsorship Licence Application

Dear OTS Team, My sister who holds both British National Overseas (BNO) passport and Canadian passport wants to apply for Tier 1 Entrepreneur visa. Her plan is to invest £200,000 with a franchised cafe (or any business) and employs 2 people. She does not have previous experience in this field as her experience has been an household goods agency. She lives in Hong Kong with her husband and a daughter who is going to be aged 18 this September. How can you help to secure the visa? Her daughter is going to be 18 soon and how does it affect her application? Does she have to sign a franchise agreement before the application or wait until the application is successful? If she takes over an existing business, can she use the £200,000 for this or she has to fund the purchase separately?

Dear Sirs,

Thank you for your enquiry.

You are right to focus on the type of business to establish/join in the UK as a starting point for the Entrepreneur application - choosing the type of business is an important part in preparation for the Tier 1 Entrepreneur application. Investment can be made in a business established by the Applicant or in an already existing business subject to meeting certain requirements. However, as the Entrepreneur rules are very complex and their application can change depending on specific circumstances, we would need to obtain detailed instructions in order to advise on the business options, the investment and other requirements for the visa. In terms of your daughter turning 18 years old in September, for UK visa purposes to be able to apply as child dependant children must be below 18.

A solicitor will contact you shortly.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

We are a hospitality and food services corporation based out of Mumbai, India. Under our groups’ umbrella, we have an Indian cuisine focused venture/arm, Charcoal Concepts, under which we are looking to develop a new format for the British market . We would like to explore ENTREPRENEURS VISA for our Director, Would it be okay if our director invests upto 40% in the company for an amount of 200K, and the balance is invested by the company. Our Director will be the ultimate owner of 50% of the company, so therefore he would have an indirect shareholding through that as well. Please suggest any other requirements and advice way forward.

Dear Sir,

Thank you for your enquiry.

For Tier 1 Entrepreneur Visa it is normally permitted to invest the £200k funds by way of shares. However, as the Entrepreneur rules are complex and its application depends on specific circumstances of each Applicant, in order for us to provide an advice we would need to obtain more detailed instructions on the circumstances of your case. We therefore recommend arranging an initial consultation with us allowing us to get the necessary factual information and then provide our advice.

One of our solicitors will contact you shortly.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Dear OTS Team, I'm From India , And i have done my Bachelors in commerce. I have been into my dad's textile retail business for 9 years till now. I'm looking to buy a convenience store in the UK and run the business by investing in stocks of that business. I would like to know that is it possible for me to be a eligible candidate to obtain a T1 Entrepreneur Visa to Take over a Convenience store and settle in the UK. ? I have also access to 200000 pounds which will be a loan from my father. Please suggest me which route should i choose and what to do next. Thanks.

Dear Sir, you would be eligible to apply for the a T1 Entrepreneur Visa if you have access to £200,000 which is readily available to you. In your instance, from a third party, your father. You can invest by way of share capital in your chosen business venture should you wish. A member of OTS Solicitors shall contact you to discuss the requirements of the visa in more detail and to provide a thorough explanation of our services.

Case type: Business Immigration, Tier 1 Entrepreneur Visa

Hi, I wish to take over one care agency or buy some shares of the same firm so I would like to apply a tier 1 visa. I finished my MBA in healthcare management from university of wales and now I am in India. I have an access to 200000 pounds in a nationalised bank in india. Could you please advice me on tier 1 visa. I don’t have any business in India as well. Please help me out on this case.

Dear Sir, we can certainly assist you with your query regarding a Tier 1 Entrepreneur Visa. One of our specialist Business immigration solicitors will be in contact with you shortly.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Hi, I need your help,I got tier 1 Entrepreneur Visa so I have 200000 and maintenance balance,general IELTS band 4.5. I am doing some traders business since 1987. Like pigeon peas and match box, medical gas service. So i am eligible, please help for guidance and provide above full information.

Dear Sir, OTS Solicitors would be more than happy to assist you with your Tier 1 Entrepreneur Visa. A member of our specialist Tier 1 team will contact you shortly to discuss your enquiry in more detail.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

I am a non eu citizen married to a eu citizen from Cyprus. . We first married in Cyprus in 2008 where i worked, and i came to the UK in 2010 and applied for my residence permit, which was refuse on the basis that my husband was a jobseeker for 18 months only. With all stress due to the case and my husbands menthol and illhealth we got divorced but got back together after a few weeks. we remarried in 2016 and applied for my residence certificate which was refuse. my husband was working from 2015 till Jan 2017 and was made redundant. My husband has a chronic illness and colapses all the time.Our case is due in Dec at the Tribunal . Will my husband still be classed as a qualified person and would the case be successful. please let me know, many thanks.

Dear Madam, whether your husband still remained to be a qualified person when your application was submitted depends on a number of factors which we cannot simply ascertain for the information which we have. However, an Immigration advisor which specialises in EU Immigration law from OTS Solicitors will be in touch shortly to discuss your query in more detail.

Case type: Business Immigration, BREXIT, EU and EEA Applications, Permanent Residence Card and Appeals

Hi, My dad and sister jointly want to apply for immigration tier 1. My dad is running business in India in technology field. He is electronics engineer and my sister is MBA HR manager and works in HR firm. They want to buy child day nursery business with me as I am teacher. They have 200k funds. kindly advice can they get tier 1 even though they dont have experience running child nursery in India? How can your company assist them?

Prior experience in a particular field is not a pre-requisite for a Tier 1 visa, though experience or background understanding of the industry does help particular with answering questions on interview and in satisfying the genuine Entrepreneur test. Our expert Business Immigration advisors can provide comprehensive assistance for those seeking to obtain settlement through investment in an existing business or launch a start-up in the UK. A member of the team will contact you for a more further in-depth discussion of our services.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

Hi I have lived in UK for four years (2011-2015) and during my stay I did MBA then Job as Accountant, then I returned to Pakistan, after one year stay in Pakistan I started job in Dubai as Business Manager in May 2016. Now I am planning to apply for Tier1 Entrepreneur Visa from Dubai along with my younger brother as partner who is doing Mobile and laptop service/repair & sell business in Pakistan and We want to do same business in UK. We have funds of £ 200,000.00 in Bank to fulfill basic requirement for this category. Can you please advise me what are the chances for us to succeed this application with above said business plan. Most importantly what services you can offer in case preparation like full business plan and rest of documentation.

Dear Sir, we have a specialist team at OTS Solicitors which advice and assist in the preparation of Tier 1 Entrepreneur Visas. A member of the team shall be in touch very shortly to arrange a consultation with you. As part of the service we shall explain in full what services we offer. The factors of success can be based on a number of aspects which we shall explain in detail.

Case type: Immigration, Business Immigration, Tier 1 Entrepreneur Visa

I am lookkng for the best UK immigration solicitors for sole representative visa. Could you please provide some information on this category I run a business in India, UAE and in Hong Kong, and I've heard about this visa for opening a branch in London. I would like a solicitor with business immigration expertise to help me enter the uk on this visa.

Thank you for your enquiry.

Our business Immigration Department can assist you in making an application for a Sole Representative Visa. Our team of business immigration lawyers have extensive knowledge and experience in this field and can work with you to ensure a successful outcome.

Please see the link below to our website where you can read upon essential information about this visa route.

http://otssolicitors.co.uk/sole-representative-visa

In the interim period, someone will be in touch with you to see how we can help you further.

Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contacting us on 0207 936 9960 or through our Contact Form.

We look forward to hearing back from you soon.

Best regards,

OTS Solicitors

Case type: Immigration, Business Immigration, Sole Representative Visa

Hi there. Could you please advise what is the best way for my son to stay in the UK after 5 year student visa, with PhD diploma.( He is finishing his 4th year of PhD course next year in March). He is South African citizen, born in Russia. He has done his Master degree in York. We can buy an apartment for him in the UK, if he will be able to get his residence status. Also I have a daughter and a son in law, living in the UK more then 10 years.(I mention it , thinking that it might help). My son is in London, he can come to you for a consultation, if he has a chance to qualify to be an applicant for a residency or a work permit in the UK. Kind regards,

Thank you for your enquiry.

Your son may be able to switch into the Tier1 or Teir 2 visa catergory. This will of course depend upon his financial circumstances as well as his career goals. At this stage, it would be beneficial for your son to come to our office for a consultation so that we can explore all the options with him to live and work in the UK.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

Case type: Business Immigration, Tier 1 Entrepreneur Visa, Tier 2 Work Permit Visa and Sponsorship Licence

Hi, What are your charges for registering for a corporate license ?

Thank you for your question. Someone will be in touch with you shortly to discuss your legal matter and how to instruct us.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

Case type: Business Immigration

our pilots want to come to belfast on a wet lease agreement for 6 months what visa do they have to apply for,and can they stay continuously for 6 months

Thank you for your question. There may be several visa options available to you, including a Sole Representative Visa or Tier 2 (Intra-company) Transfer Visa (if you have a subsidiary in the UK). We have helped many off-shore businesses secure visas for their staff. We will be in touch with you shortly to discuss your business immigraiton needs further.
Please note, this answer cannot be taken as a legal advice until we have your full instructions. The answer provided above is for information purposes only, if you would like to proceed to full legal advice and consultation with our immigration solicitors, please let us know your availability for an appointment by contact us on 0207 936 9960 or through our Contact Form.
I look forward to hearing back from you soon.
Best regards,
OTS Solicitors

Case type: Business Immigration

Hi OST solicitor There is a case in which Tier 1 HS visa is approved with £50000 to establish IT services and later point the mind has changed and change is business is done into another restaurant business with 2Full time employees and register HMRC and as a director, so is anything that has An impact during the visa extension, wanted to drop visa on the restaurant business does it needs to be mentioned to home office please help us.

Thank you for your question. We will need some further information to answer it. We will be in touch shortly.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

Case type: Business Immigration

Hi OTS, How to calculate points for my Tier 2 (General Shortage Occupation) Visa

Thank you for your question.

Tier 2 applicants must score at least 70 points on the Tier 2 visa points test, including ten points each for maintenance funds and English language proficiency, though applicants whose Tier 2 sponsor can guarantee their maintenance with the UK Home Office gain ten points automatically. Only 'A rated' sponsors have this option. You may also incur 50 points if your position on the Shortage Occupation List.

I look forward to hearing back from you soon.
Best regards,

OTS Solicitors

Case type: Business Immigration

Dear team, I am working for one of the Indian company who has invested huge money in U.K. I am the board of director. My question is will company can bring some one from india as key personal and apply for ILR for this personal?

Thank you for your question.

If you want to send a person to represent your organisation in the UK, then they may be able to enter the country as a sole representative of an overseas business [outside of the EEA and Switzerland]. Subject to meeting the Immigration requirements this visa will entitle your organisation to send a person to the UK for an initial three years which is extendable for a further two years. After completing five years, they may be able to apply for Indefinite Leave to Remain.

I look forward to hearing back from you soon.
Best regards,

OTS Solicitors

Case type: Business Immigration

I am a freelance Location Manager in film and Tv on a two year visa that is ending soon. I would like to stay and continue freelancing however I am not sure how this is possible and the visa I should be looking at, can you please advise where to start?

Thank you for your question. There are visa options you can look at; however, they are very competitive and you would need expert advice to prepare an application.

The first is a Tier 1 (Exceptional Talent) Visa. This route for exceptionally talented individuals in the fields of science, humanities, engineering, the arts and digital technology. If you qualify, the route allows you to work and change employers, or to be self-employed, without the need for further authorisation or to be sponsored for Employment in a specific post. You will need to apply to Arts Council England for endorsement that you are exceptionally talented or show exceptional promise in your chosen field.

The other option to consider is getting an employer who holds a Sponsor Licence to sponsor you for a Tier 2 (General) Visa. Unless your job is on the Shortage Occupation List, your prospective employer will have to advertise the position first. Although you would not be able to freelance initially, you may be able to apply for Indefinite Leave to Remain after five years, and if you were successful in obtaining it you could work in the UK without restriction.

Please come in and see us and our immigration solicitors can further advise you on the next best steps to take.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

Case type: Business Immigration

Dear Sir/Madam, I need to inquire that i am Non-Resident UK Landord and my Tier 1 General visa is about to expire by mid August 2016.As this category is closed now ,what other category i should apply? As i mainly live outside UK and travel atleast once every year to see my rented property ,to meet my friend ,and to explore beautiful UK places.And can i apply from within UK? Thanks.

Thank you for your question. You could apply for a Long-term Visit Visa which would allow you to stay in the UK for up to six months at a time. This visa can last two, five or ten years.

I look forward to hearing back from you soon.

Best regards,

OTS Solicitors

Case type: Immigration, Business Immigration

Dear OTS team, I currently held a spouse visa and I'm about to open my own business. My marriage isn't going well, and I wanted to know if I qualify to apply for an Entrepreneur Visa in the unfortunate event that we can't solve our differences? If yes, could I do it from inside the UK, and what would be the minimum amount I should have invest to qualify? thank you very much for your time

Thank you for your email to OTS Solicitors.

After reading your query, I am confident that we can advise you regarding your case.

This is something that our firm routinely deals with. I would suggest that we arrange a consultation to discuss your case further. The following is not an exhaustive list and should not be taken as legal advice until we have your full instructions. However, there are certain requirements you will need to show:

• £200,000 GBP to invest in your proposed business in the UK, or £100,000 GBP if you are part of an entrepreneurial team of two partners
• Or you may have access to £50,000 to invest in your business from a venture capital firm regulated by the FSA
• Evidence of a genuine and viable business plan
• Evidence of your English language ability and that you have sufficient funds to maintain yourself in the UK.

Without taking your full instruction we are unable to advise you, and kindly ask that you confirm your availability for an appointment with us this week/next week?

We look forward to hearing back from you soon.

Best regards,

Case type: Immigration, Business Immigration, Tier 1 Investor Visa, Tier 1 Entrepreneur Visa

Respected Solicitors, I came to UK in Jan 14 on Tier 2 ICT - Long term Staff migrant. Visa will be xpired in Early Feb 17. My project will be completed by May 16 ie within three to four months. it possible to get any sponsor? Kindly help!

Dear Sir,

Thank you for your question.

Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your query relating to your leave to remain in the UK, and residence requirements in the UK has been forwarded to the relevant department and our immigration lawyers will be in touch with you within 24 hours to explain how to proceed for the best outcome in your Immigration case.

Kind regards
OTS Solicitors

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

Dear OTS team, My Tier 2 visa was curtailed. and i am not able to find any alternative sponsor within the given 60 days which is going to finish in dec 11 2015. i am considering tier 1 entrepreneur visa. but due to my present visa i am not able to register a company, what are my options? i am considering applying as a entrepreneur team where each will manage to find 100k, now the question is we have only two week and definitely we need to borrow money, does the source of fund matters? how long we need to keep the fund to apply. We both are graduated form UK, thus english language requirement is fulfilled, and we have maintained the maintenance fund for the required time period. is there any business that are not eligible for this purpose.

Hello,

Thank you for your question. Your case raises certain complex matters which our business immigration lawyers for UK residents are confident they can assist and advise you on. We would be able to offer you assistance as part of a one-off consultation for Entrepreneur Visas, or otherwise as part of our full representation service to assist you throughout the legal process of obtaining your Tier 1 Entrepreneur Visa.

Unfortunately we are not open on Sundays, however, your Immigration query has been forwarded to the relevant business Immigration team and your Immigration lawyer will be in touch with you on Monday 23rd November 2015 to explain how to proceed for the best outcome in your Immigration case.

Kindest Regards
OTS Solicitors

[This question has also been answered by our lawyers privately by e-mail]

Case type: Immigration, Business Immigration, Tier 1 Investor Visa, Tier 1 Entrepreneur Visa, Tier 2 Work Permit Visa and Sponsorship Licence, Individual Immigration

Hi OTS, Hope you guys are well. I arrived in the UK in March this year on an Intra Company Transfer Tier 2 visa which expires 29 Feb 2016. What are the ways of extending the permit ?

Thank you for your question. Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your Tier 2 and Intra-company transfer query has been forwarded to the relevant department and our immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Business Visas, Individual Immigration

Hello OTS Team, I am currently working in UK with Tier 2 General Visa which has validity till 2017. But at this point of time I wish to change my employer and my previous employers has cancelled the Certificate of Sponsorship in my existing immigration visa , so would I be able to apply for Tier 2 General Visa now with Certificate of Sponsorship from my new employer? Also within how many days after cancellation of Certificate of Sponsorship in my uk immigration visa should I apply for the new Tier 2 visa in UK with a new certificate of sponsorship. How many days can I stay in UK after my COS is cancelled in the visa? You come recommended, please advice me or get in touch to explain which the correct UK Home Office immigration category and Visa application is.

Hello, thank you for your question. Your case raises certain complex matters which our specialist immigration solicitors, who are regulated by the Solicitors Regulation Authority would be confident to advise you on. We would be able to offer you assistance as part of a one-off consultation or otherwise as part of our full representation service. Your Tier 2 General Visa / Certificate of Sponsorship of your new employer query has been forwarded to the relevant department. We can assure you that our immigration lawyers will be in touch with you today to explain how to proceed for the best outcome in your Immigration case.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Individual Immigration

Dear OTS Solicitors, my husband and I are currently Australian Passport Holders. My husband moved from Melbourne and is working in London since Nov 2013 on Tier 2 (ICT) Visa, which is valid till Dec 2016. I am his dependent and currently working in a financial firm. How can I switch to Tier 2 (General) visa? Can my employer sponsor me? Do I have to leave UK and go back to Australia in order to get the Tier 2 (General) visa or can it be done while I continue to reside in UK? Your advice will be greatly appreciated. Thank you.

This Immigration question has been responded to privately by one of our immigration solicitors. If you have a similar query, please do not hesitate contact our UK Immigration team.

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence

I need your help answering some of my questions below: I first came to uk on 26th June 2004 as a student And left the country on 21st November 2009 as my studies finished and my visa was expiring on 30th November 2009. I called home office croydon as to what visa extension I shall apply as my final MBA results were to be declared in February 2010. I was advised to leave the country and reapply from overseas once your results are announced.I reapplied from Pakistan after results were announced, as at that time uk embassy was based in Abu Dhabi so it took a while to receive the visa and documents back home in Pakistan.I got tier 1 Psw visa stamped 9th may 2010 but I received the documents around 20th may 2010 due to embassy based outside Pakistan.I booked the ticket and flied back to uk.

[This question has responded to privately by email by one of our immigration solicitors]

Case type: Immigration, Business Immigration

Hi, I am a UK resident on a Tiers 1 General visa. I am writing to seek your guidance about the requirements of the application for Indefinite Leave to Remain in the UK. I need one of your lawyers to guide me to see if I have understood the rules correctly?

[This question has also been answered by our lawyers privately by e-mail]

Case type: Immigration, Business Immigration, Indefinite Leave to Remain, British Citizenship and Nationality

Hi dear sir i am sudip nepal. actually i am looking for work permit sponser job. before i worked in indian resturant as a chef so i am looking chef job. and just now i completed master degree also. now my status is tier4 , i want to switch to tier 2 Please if you do this one email me for further advice. thanks

[This question has also been answered by our lawyers privately by e-mail]

Case type: Immigration, Business Immigration, Tier 2 Work Permit Visa and Sponsorship Licence, Business Visas

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Tier 1 Entrepreneur Visa- This visa category ends 28 March 2019

To speak to our award-winning business immigration solicitors based in the City of London, please contact us on 0203 959 9123 or contact us through our online enquiries form..

If you were planning to apply for an Entrepreneur Visa the application is now urgent. At London based OTS Solicitors our team of dedicated immigration solicitors can help you with the paperwork needed to submit an urgent Entrepreneur Visa application or look at your alternative options.

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We will draft custom detailed legal representations highlighting the reasons why you meet the requirements of the relevant visa, rely on the case precedents that strengthen your application and clearly provide all supporting documents in a professional manner

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