UK Visa Options for Entrepreneurs and Businesses Based Outside the UK

For advice on UK immigration for overseas entrepreneurs and businesses, or any other aspect of immigration law, call the expert London immigration lawyers at OTS Solicitors on 0203 959 9123 or contact us online.

The UK is a highly attractive market for overseas businesses, but it also has an immigration regime that has become increasingly challenging in recent years. Since the UK’s exit from the EU, various UK immigration routes have been overhauled, with more changes expected in the near future. It is therefore important to stay up-to-date about current visa options and what the future holds.

For entrepreneurs and businesses based outside the UK, there are various immigration routes that can potentially be used, depending on the circumstances. Different routes are available depending on whether a business already has an established presence in the UK, the aim is to set up a new business in the UK or a business based abroad wants to establish a UK branch or subsidiary.

Current UK visa options for overseas entrepreneurs and businesses

Start up visas

Start up visas are a potential option where someone is planning to start an “innovative” business in the UK. The business must be “different from anything else on the market” and the business or business idea will need to be endorsed by an authorised endorsing body, a current list of which can be found here.

Start up visas are aimed at entrepreneurs who wish to establish a business in the UK for the first time and the business should not yet have started trading. You do not need to have secured initial funding to apply.

A start up visa is a one-off visa, valid for 2 years and it does not provide a direct route to indefinite leave to remain. However, you can potentially extend your stay in the UK when a start up visa is due to expire by applying for further leave to remain in the innovator visa category (see below).

You will need to meet other basic eligibility requirements, including being at least 18 years old, having the required standard of English and being able to prove you have sufficient personal savings to support yourself in the UK.

See how we can help with start up visas.

Innovator visas

Innovator visas are similar to start up visas in that they are intended for those who wish to start an innovative business in the UK and the business or its idea must be endorsed by an authorised endorsing body.

Key differences are that innovator visas are aimed at experienced business people, you must have at least £50,000 in investment funds and you will be able to stay in the UK for 3 years with the option to apply for indefinite leave to remain at the end of this time.

As with a start up visa, you will need to meet other basic eligibility requirements.

See how we can help with innovator visas.

Representative of an overseas business visas

The representative of an overseas business visa is aimed at people who are employed by an overseas business and wish to move to the UK to set up a UK branch of the company or a wholly owned subsidiary. They can also be used by employees of newspapers, news agencies or broadcasters who are being posted to the UK on a long-term basis.

This type of visa allows you to stay in the UK for up to 3 years initially, which can be extended for another 2 years depending on the circumstances.

You cannot work for yourself or for any other business while in the UK on a representative of an overseas business visa.

See how we can help with representative of an overseas business visas.

Intra-company visas

Where an overseas business already has a UK branch, an existing employee may be able to come to the UK to work for that branch.

There are three types of employees who can use the intra-company visa:

• Employees who have worked for the employer overseas for at least 12 months
• Employee who will be paid in excess of £73,900 a year to work in the UK
• Trainees who are on a graduate training programme for a managerial or specialist role

The maximum time you can stay in the UK on an intra-company visa is 5 years in a 6-year period if you are paid less than £73,900 per year or 9 years in a 10-year period if you are paid more than £73,900 per year.

See how we can help with intra-company visas.

Introducing the Global Business Mobility route

The Home Office has announced that a new immigration route will be introduced for global businesses in Spring 2022. This new type of visa will be aimed at overseas businesses with an existing presence in the UK as well as those that wish to establish a presence here.

The Global Business Mobility visa will be available for firms without an established UK presence that need to bring people to the UK who are:

• Supplying a service in the UK in line with UK trade agreements
• A ‘UK expansion worker’ entering the UK to establish a UK presence for the business
• Secondment workers employed in high value contracts or investments

It can also be used for firms with an established UK presence that need to bring in people from overseas who are:

• Senior and/or specialist worker required to meet specific business needs
• Graduate trainees taking part in a recognised graduate training programme
• Secondment workers employed in high value contracts or investments

It is expected that the new Global Business Mobility visa would act as a replacement for the representative of an overseas business visa and intra-company visas.

You can read more about the new Global Business Mobility Visa here.

Contact our UK immigration solicitors

OTS solicitors are one of the UK’s leading specialist immigration law firms with a high success rate in helping UK and overseas clients achieve successful applications and appeals in relation to all types of visas, including start up visas, innovator visas and representative of an overseas business visas or advice when an application is refused.

For prompt expert advice on UK visa options for entrepreneurs and businesses, or any other aspect of immigration law, call the immigration team at OTS Solicitors on 0203 959 9123 or contact us online.