Immigration is one of Europe's hottest political issues.
While the debate rages over illegal immigration, the fact that foreign entrepreneurs and labour are vital to most successful economies tends to be forgotten.
There are no restrictions on EU citizens wishing to establish a presence in the UK, but what of those from outside the EU?
A fast route to a UK presence
Businesses from outside the EU can appoint a company representative who can legally live and work in the UK.
To qualify as a sole representative, you need hold less then 50 per cent of the company stock (preferably less than 33 per cent) and be able to support yourself in the UK.
In addition, the company must prove that a UK firm isn’t already acting as a representative.
Are you an innovator with intellectual property?
If you can prove that you are a business innovator or you own a unique piece of intellectual property (IP) then you may be granted entry to the UK.
The innovator or IP-owner has to have a detailed business plan, market backing and a good governing board.
However, Gavin Jones, Head of Immigration at legal firm Taylor Wessing, sounds a note of caution: “It’s a little-used method as it relies on UK Immigration understanding your market and your business plan, and in niche or high-tech markets it could be a problem finding that expertise.”
Is investment an option?
Having money to invest could speed your entrance into UK markets.
“[When creating a new company] investors should have £1 million in cash and should be able to show where it came from. Alternatively you can show that you have £2 million in assets and have a loan of £1 million secured on those assets,” says Jones.
There is also a lower-tier investment level. If you have £200,000 to invest in an existing company and you can prove that it will create two jobs or more, then you should be eligible for a visa.
Can I move any of my staff to the UK?
Moving qualified staff from your home country to the UK is a straightforward process as long as they are at a certain executive level, or you can prove that you will get investment on the strength of their appointment.
Laws on importing staff are strict. “You have to take the point that the Government wants to protect the current labour markets,” explains Jones. “So if you’re senior management or technical staff the answer is usually ‘yes’ to entry.”
Working in a skill-shortage subject such as civil engineering or the medical profession may help your case.
Can non-EEA staff work in our UK subsidiary?
A company’s UK subsidiaries can get work permits for non-EEA employees in an inter-company transfer if they can prove that the post couldn’t be filled in the UK – usually by providing proof of a recruitment search.
Alternatively, non-EEA employees who already have work permits for similar employment can be transferred from other UK companies.
There are advantages to gaining a short-term work permit, as Jones points out: “Currently, after four years in an economic capacity, you can apply for settlement to remain, and are then permit-free.”
A new business can’t, of course, rely on an inter-company transfer – but senior directors can be brought in if they have held that level of job elsewhere or if their recruitment can guarantee £250K of external investment.
MBAs are recognised as a measure of talent
For companies seeking highly qualified and talented managers, a March 2005 rule change to the UK's Highly Skilled Migrant Programme brought some cheer.
It allows non-UK MBA students from 50 top business schools (including ten in the UK) to qualify automatically for a UK visa – and applies to students who graduated after 2nd December 2004 who intend to make the UK their main home.
The visa runs for a year initially, but you can apply to extend it for another three. Once those four years are up you can, of course, apply for permanent residence.
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