Work & Business Visa – TempleGate Solicitors

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You will need a visa if you wish to invest in, start a business, or work in the UK, and a license is required to hire foreign nationals for UK companies. Whatever your work or business requirements, Temple Gate Solicitors can help you achieve your objectives.

The relevant applications and regulations can, at times, overlap between these areas. The different types of work and business visas are set out in this section.

Tier 1 Applications

Tier 1 is one of the immigration options available to individuals from outside the European Economic Area (EEA).It is a route generally intended for ‘high-value migrants’ such as investors and entrepreneurs who have funds available to set up or invest in a business in the UK, graduates with an endorsed business plan and those deemed to have exceptional talent within their particular field. Below you will find an overview of the different Tier 1 options available. Please note that due to recent changes in the law, we have noted where a number of these Tier 1 options are no longer available.

[accordion_father][accordion_son title=”Tier 1 (General)”]You can no longer apply for or extend a Tier 1 (General) visa, or apply to settle as a Tier 1 (General) worker.[/accordion_son][accordion_son title=”Tier 1 (Entrepreneur) Visa”]The Tier 1 Entrepreneur category was set up for foreign entrepreneurs who wished to set up or take over an existing business in the UK. Depending on your circumstances, you would have to invest either £50,000 or £200,000 in the UK.

Unfortunately, you can no longer apply for a Tier 1 (Entrepreneur) visa. However, you can apply to extend your visa if you:

Are already on the Tier 1 (Entrepreneur) route
Registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 (Entrepreneur) visa
Can prove you’ve been self-employed, a member of a partnership or working as a director of a business for the 3 months before you apply
Created at least 2 full time jobs that have existed for at least 12 months
Can continue to support yourself out of resources available to you

You must have invested in 1 or more UK businesses either:

£200,000 in cash
£50,000 in cash

The amount depends on the level of funds your initial application was based on.

You should include any dependents who are on your current visa on your application for an extension – including children who have turned 18 during your stay.

Switch to Tier 1 (Entrepreneur) visa

If you are already in the UK, you may be able to switch to a Tier 1 (Entrepreneur) visa if:

You are on a Tier 1 (Graduate Entrepreneur) visa
You switched to a Start-up visa from a Tier 1 (Graduate Entrepreneur) visa for your second year. You must meet the eligibility requirements for a Tier 1 (Entrepreneur) visa. You must have:
£50,000 in funds to spend in the UK
A viable business plan

If you want to set up a business in the UK you can apply for a Start Up Visa instead.

If you already have a Tier 1 (Graduate Entrepreneur) visa you can still switch into a Tier 1 (Entrepreneur) visa.

You can no longer extend your Tier 1 (Graduate Entrepreneur) visa at the end of the first year. You must apply to switch to a Start-up visa instead. You must apply to switch visas before your current visa expires.

You cannot settle in the UK on this visa.[/accordion_son][accordion_son title=”Tier 1 (Investor) Visa”]The Tier 1 (Investor) visa is available to migrants who want to invest a minimum of £2,000,000 in UK government bonds, share or loan capital in active and trading UK registered companies.

They must also be from outside the EEA and Switzerland and have achieved a minimum of points – although they do not need to meet the English language criteria as they do not need to have a job, nor obtain a job here for this category. An applicant can apply up to 3 months before travelling to the UK. You must be able to pay for the cost of the application plus the Immigration Health Surcharge.

The applicant is entitled to stay up to 3 years and 4 months under this visa and can apply for a 2-year extension after that. Applicants can apply for ILR to remain based on the amount that they have invested. If they invest £2 million they can apply after 5 years, if they have invested £5 million they can apply after 3 years and finally, if they invest £10 million they can apply after 2 years.

There are certain restrictions to this. They cannot invest in companies whose main focus is property management or development. They also cannot work as a professional sportsperson or sports coach and cannot receive public funds.

There are also special conditions for doctors and dentists; they are required to hold a bachelor level degree or above in medicine or dentistry from a UK institution. This institution must have either a Tier 4 Sponsor Licence or must be a UK recognized or listed body. The only exceptions to this are if you worked as a doctor or dentist for a time under a previous visa in the UK, or if this was not part of the terms and conditions of a previous visa.

Temple Gate Solicitors are specialised in Tier 1 applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.[/accordion_son][accordion_son title=”Tier 1 (Exceptional Talent) Visa”]An applicant for the exceptional talent visa must, as the name suggests, be at the top of their field or on a clear path to the top of their field. The former, a recognized leader, is endorsed as an exceptional talent, while the latter an emerging leader, is endorsed as someone with exceptional promise. This endorsement is applied for via the Home Office and only applies to qualifying fields of work.

These fields are: Science, Engineering, Humanities, Medicine, Digital Technology, The Arts, Fashion, Architecture, Film and Television. The applicant must be from outside the EEA and Switzerland. This category is limited to 2,000 places per tax year. Once the endorsement has been obtained, as with the other Tier 1 criteria, the earliest that the visa can be applied for is 3 months before travel to the UK.

Once in the country, the applicant can be employed or self-employed and does not need to notify the Home Office if they change jobs – this definition includes voluntary work. During this time, they are able to travel abroad and return. The applicant will not receive access to public funds, or work as a doctor, dentist in training, or a professional sportsperson or sports coach under this category.

Successful applicants may stay in the UK for 5 years and 4 months if an application is made from outside the UK and 5 years from within. Indefinite Leave to Remain can be applied for after 3 years, if the applicant in question falls into the exceptional talent category, and 5 years if the applicant falls into the exceptional promise category.

Tier 2 Applications

Tier 2 is one of the immigration options available to individuals from outside the European Economic Area (EEA) who have been offered a skilled job in the UK. There are a number of routes and requirements under a Tier 2 application depending on your personal circumstances. Below you will find an overview of the different Tier 2 options available to you.

[accordion_father][accordion_son title=”Tier 2 Sportsperson (Visa)”]Applicants for this visa are classified as elite sportspeople or qualified coaches. These individuals must be recognized as being at the top of their professional field internationally. Their applications must be supported by the relevant sporting governing body. They must also confirm that taking up employment will develop the sport at the highest level within the UK. They must also be coming from outside the EEA and Switzerland and have met the Tier 2 General criteria. They must intend to stay in the UK for the duration of their visa and must show that their employment could not reasonably be filled by an existing settled worker.

An applicant may apply to remain for 3 years under this visa and may apply for a further 3-year extension. The application for extension under this visa must be made with the same sponsor. An extension cannot be applied for from outside the UK. This is also the case when switching categories or when the applicant is changing employment. Under these circumstances, a new Certificate of Sponsorship must be attained for the extension application and an applicant’s salary must be the same or higher than on their previous certificate.

Indefinite Leave to Remain can be offered to the migrant under this Tier once they have been resident for 5 years, so long as it can be proven that they have worked consistently under the terms of this category. The applicant should also obtain a letter from their employer to confirm this and confirm that they are still needed for the job position.

This can be working in preaching or pastoral work, as a missionary, or as a member of a religious order. This visa is specifically for those employed to carry out the work of their religious ministry. If the applicant is a member of a religious order and wishes to study for qualifications or training not managed by their order, they should apply for a visa under the Tier 4 category instead. Further, being a teacher in an institution run by a religious organisation does not count for the purposes of this route and those applicants should instead apply under the Tier 2 General category.

For all those Certificates of Sponsorship that were received by applicants after April 2012, the applicant should ensure that a Resident Labour Market Test has been completed to prove that the migrant is not filling a vacant position that a settled person could take. They must also confirm that they intend to stay for the full period of their visa. The sponsor will also have to confirm that the salary is equal to or in excess of the salary a domestic worker would have received to cover the extra costs of residency.

Indefinite Leave to Remain can be offered to the migrant under this Tier once they have been resident for 5 years, so long as it can be proven that they have worked consistently under the terms of this category. The applicant should also get a letter from their employer to confirm this and confirm that they are still needed for the job position.

These applicants must be from outside the EEA and Switzerland. Jobs under this category usually pay a minimum of £20,800 per annum for new starters and for workers with experience in the industry, the pay normally starts at £30,000. This Tier, introduced back in 2008, replaced the old provisions for the work permit based employment for ministers of religion, overseas qualified nurses and midwives, overseas news media representatives, seafarers, airport-based ground staff, named researchers, Jewish agency employees and student union sabbatical officers.

The applicant for this visa is required, alongside their job offer, to hold a certificate of sponsorship and this must come from an employer who holds a valid Tier 2 Sponsorship Licence. This licence will count towards the required points needed for a successful application to be considered. A prospective employer may also have to run a resident labour market recruitment campaign (also known as a Resident Labour Market Test). The exceptions to this are if the job is on the shortage occupations list or the salary the applicant is due to be paid is £152,100 gross or more per year.

Each year, the number of Certificates of Sponsorship available in this Tier is limited regardless of whether you are applying directly to this category of switching from another Tier. The exception to this is for applicants who are applying with a prospective salary of over £150,000; these applicants are not restricted to a limited number of places.

General Tier 2 applicants can be granted a visa that will let them stay in the UK for 3 years; this can then be extended for another 3 years beyond that. Alternatively, the applicants can apply for a visa that will allow them to stay for 5 years and 14 days; 14 days is specifically how long before their employment start date an applicant can arrive in the UK. They can extend this but only up to the 6-year mark. At this point, an extension is not possible and the migrant cannot apply for Tier 2 again until a year has passed from the expiry date of the last visa. This is equally true for migrants whose leave has come to an end early, including those who have left their job with their sponsor early.

If entry is denied, this can be challenged. The applicant can make an Administrative Review Request to an Entry Clearance Manager (ECM). Should the ECM maintain the denial of entry, the applicant can take their challenge to a Judicial Review in the High Court. Temple Gate Solicitors are able to assist both with an Administrative Review Request as well as your application for Judicial Review.

The points system in this category is divided into three parts:

50 points for attributes
10 for the English language
10 for the maintenance section

The attributes section is divided into two parts; the first part is for a valid certificate of sponsorship – this is worth 30 points; the second is for having an appropriate salary above the minimum requirement – this is worth 20 points.

The applicant may be asked to prove their English language knowledge during the application process as part of the English language section. The two main ways to do this are either to pass an approved English language test and have achieved a score of B1 in the reading, writing, speaking and listening sections or have an academic qualification equivalent to a UK bachelor’s degree or above that was taught in English.

You will also be exempt from this criterion if you are from and apply from the following countries:

Antigua and Barbuda
Australia
The Bahamas
Barbados
Belize
Canada
Dominica
Grenada
Guyana
Jamaica
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
USA

Finally, 10 points are awarded for the maintenance section. The applicant must have the required level of maintenance in their bank account for over 90 days before the date of application unless they have an ‘A rated’ sponsor who can cover the applicant in this regard.

All applicants pay a healthcare surcharge in addition to the application cost and they also need to pay £19.20 to have biometric information taken. Applications in this tier can also be fast-tracked. The applicant can pay for a priority service and will have a decision in a maximum of 10 days or even as little as one day. This applies to initial applications, extensions and switching.

If a visa is accepted, the applicant may do voluntary work and, in certain circumstances, work a second job. They can also study on the condition it does not impede them doing their job. They may also travel. They cannot own more than 10% of the shares of the company that they are working for. The only exception to this is for workers earning over £159,600. Additionally, they cannot receive public funds or apply for a second job until they have started work for their main job.

Should the successful migrant change employer for any reason during their stay, they will need a new Certificate of Sponsorship and will still need to meet the points criteria as well as needing to make a change of employment application.

This is not the only time that a migrant might need to make a change of employment application. If they remain with the same employer but their Standard Occupation Classification (SOC) changes when they move role, then they need to make this application. If they change jobs but keep the same SOC code but their salary falls below the minimum requirement, this would also apply. Also, if the migrant stays with the same sponsor but moves from a shortage role to a non-shortage role they would need to make this application. Additionally, an application must be made if the migrant’s salary is reduced other than as a result of company-wide reductions or is reduced due to parental, adoption or sick leave lasting longer than a month.

Temple Gate Solicitors are specialised in Tier 2 applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.[/accordion_son][accordion_son title=”Intra-Company Transfers”]The Intra-Company Transfer (ICT) visa is divided into two categories: Long-Term Staff and Graduate Trainees. The applicant can apply as long-term staff if they have worked for a company for more than 12 months and/or their salary from the company is more than £73,900 a year. The applicant may apply as a Graduate Trainee when they are transferring into a graduate trainee programme for a specialist role with at least 3 months’ experience having worked for the employer overseas as long as they are a recent graduate.

The Graduate Trainee also has a reduced version of the Tier 2 General fees. They only pay £482 for their application, reduced to £427 for citizens of Turkey or Macedonia, and then £482 per dependent. However, unlike the Long-Term Staff category, this subcategory cannot be switched into from another Tier.

The amount of time that the applicant can stay in the UK also varies according to subcategory and salary. For a Graduate Trainee, the maximum stay is capped at 12 months. For Long-Term Staff earning under £120,000 pa, they may remain for 5 years and 1 month; however, if they earn over £120,000 a year, they may stay for up to 9 years. Indefinite Leave to Remain can’t be applied for if the Visa was granted on or after 6th April 2010 as the migrant’s time under this visa does not count towards the 5 years needed for ILR.

Temple Gate Solicitors are specialised in Tier 2 applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.[/accordion_son][accordion_son title=”Tier 2 Employer License”]A business or organisation is only as good as the people that work within it. UK businesses and employers are constantly looking to recruit the correct employees for their organisations in order to help improve their services and products whilst ensuring that they remain competitive within their markets.

Unfortunately the UK’s local labour work force is limited and it is not always possible for employers to find the right person for their organisation from within the UK. In these circumstances, UK employers must look abroad for employees who possess the correct skills and talents. However, hiring a foreign worker is not always straight forward as UK immigration rules in this area can be complex. This is where we come in.

Temple Gate Solicitors have an excellent reputation for working with businesses and employers to help put in place the correct facilities to enable them to hire foreign workers.

Before a UK organisation can hire a foreign national they must first obtain a Tier 2 License from the Home Office which will enable them to issue a Certificate of Sponsorship (CoS) to the individual(s) they want to hire. The CoS will then enable the foreign national to apply for a Tier 2 Visa enabling them to travel to the UK in order to start their position of employment.

How Temple Gate Solicitors can assist

Temple Gate Solicitors have worked with many businesses in the UK to help them get a Tier 2 License in order to hire foreign nationals.

Before you can apply for a Tier 2 License it is important that the business can demonstrate that they have searched the local labour force for an equivalent employee that can fill the position being offered. They must run what’s called a Resident Labour Market Test (RLMT) in order to demonstrate to the Home Office that they have exhausted all local options. There are strict requirements as to how the organisation must conduct the RLMT. Temple Gate Solicitors can help employers to run an effective RLMT which is compliant with all relevant Home Office rules.

Once the RLMT is concluded, employers must then complete and submit an online application to the Home Office for a Tier 2 License. The Employer must support their application with the necessary supporting evidence of their business and the RLMT in order for their application to be successful. The type of supporting evidence needed will depend on the organisation. Temple Gate Solicitors can help employers to complete and submit their Tier 2 License applications and can also ensure that you submit all the correct supporting evidence to ensure the best chance of success.

Once an application for a Tier 2 license has been submitted there is a strong possibility that a Home Office representative may visit the organisation to ensure they are a genuine business and that their HR records are up to date. We at Temple Gate Solicitors help businesses to prepare for this visit by assessing their existing practices/records and making recommendations.

Once you have been granted a Tier 2 License, you will be given access to the Sponsorship Management System (SMS) which is an online portal for managing your license and for issuing a CoS to your foreign national employee. You may at this point need to apply for a CoS allocation through the SMS. Temple Gate Solicitors can help you to apply for your CoS allocation and to manage the SMS.

If you are a business that is looking to hire a Foreign National Worker (which now includes workers from the EU) we can help you. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.[/accordion_son][/accordion_father]

Tier 3 Applications

The Tier 3 route is no longer in use.

This category previously existed for low-skilled workers who were able to fill any specific short-term worker shortages. This Tier was suspended in 2008.

Tier 5 Applications

Tier 5 Temporary Worker General Information

The Tier 5 category has multiple subcategories and covers different types of temporary workers for 12- or 24-month stays in the UK.

You can apply for a Tier 5 Temporary Worker – Government Authorised Exchange visa if you want to come to the UK for a short time for work experience or to do training, an Overseas Government Language Programme, research or a fellowship through an approved government authorized exchange scheme. Applicants are required to have a sponsor and be from outside the EEA and Switzerland.

The applicant must have a licensed sponsor supply them with a Certificate of Sponsorship (CoS) before they can apply to work in the UK. The nature of the work the applicant undertakes must be related to their sponsor’s work. The sponsor can be an organisation with an approved exchange scheme, a higher education establishment, a government department or agency. The applicant’s CoS could be multi-entry so the applicant can leave and return as they please. A CoS is only valid for 3 months.

The applicant is also required to have the relevant maintenance in savings which must have been maintained for 90 days prior to applying. This can be set aside if a fully approved ‘A rated’ sponsor had stated on the CoS that they will cover this.

The applicant can apply for a visa up to 3 months prior to the start of the work and should get a result within 3 weeks. Successful applicants are allowed to study and work a second job up to 20 hours a week. However, migrants under this category cannot take a permanent job or claim public funds.

[accordion_father][accordion_son title=”Tier 5 Charity Workers”]Applicants under this sub-category would come to the UK to work as sports persons, entertainers or creative artists for up to 12 months. In line with the sportspeople criteria laid out in the Tier 2 section, the applicant must be at the highest level in their sport and their work must make a significant contribution to the development and maintenance of that sport. They must also follow the Tier 5 general criteria.

Applicants under this section must wait for an endorsement from the governing body for that particular sport. This governing body must be recognised officially. This category is not for those who are already entertainers or sports visitors.

The religious worker must be working in preaching or pastoral work, as a missionary, or as a member of a religious order. They must also be from outside the EEA and Switzerland and follow the other Tier 5 general criteria.

The applicant will be given the right to live and work in the UK for up to 24 months. If the applicant was not given the maximum of 24 months at the time of the initial application, they can apply to have this extended to 24 months but cannot extend this beyond this length of time.

Temple Gate Solicitors are specialised in Tier 5 applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.[/accordion_son][accordion_son title=”Tier 5 International Agreement (Visa)”]The Tier 5 International Agreement is a sub-category for applicants and migrants whose work is covered under international law. This includes applicants who work on trade in services, working out agreements between the UK and another country, and those working as agents for overseas governments and international organisations as well as private servants in diplomatic households.

The length of stay for this category is capped at 24 months. Work permit holders and overseas government employees are able to switch into this category. The applicant in this category is able to apply for Indefinite Leave to Remain after five years; even though the maximum stay under this visa is 24 months, if an applicant switches into this category from a different visa and reaches the 5-year mark under this category, they can apply for Indefinite Leave to Remain.

To be able to participate an applicant would have to be aged between 18 and 30 years, would have to want to live and work in the UK for up to two years, have at least £1,890 in savings and meet the general Tier 5 requirements. Applicants from Hong Kong or the Republic of Korea do not need to be sponsored. The applicant can apply from 6 months before their trip to the UK. The applicant needs to be from the following countries or be a British overseas citizen, British overseas territories citizen or a British national (overseas):

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

The applicant will not be able to apply if they have children who live with them and or who they are financially responsible for. They will also not be able to apply if they have already been to the UK under this scheme or the former ‘Working Holidaymaker’ category.

Domestic Workers

This category allows overseas employers to bring their private household staff with them on trips to the UK for up to 6 months.

To fall into this category, the applicant must have worked within the household staff for over a year prior to application. The applicant must also confirm that they intend to continue working full-time in that household for the time that they are in the UK. The applicant needs to have a written agreement with their employer that sets out the terms and conditions of how their employment will function whilst in the UK. The employer must also confirm that they intend to follow UK payment regulations (such as the minimum wage requirements). The employer must create a signed undertaking for the applicant to provide when making their application.

The employer must be either a British or EEA citizen who normally lives outside the UK and has confirmed that they do not intend to spend more than 6 months in the UK. They can travel with their husband, wife, civil partner or child regardless of whether the relative is a British, EEA or a foreign national. They must also confirm that they do not intend to spend more than 6 months in the UK. If the employer or relative is a foreign national, they will require their own visa.

The applicant can only stay up to a maximum of 6 months, cannot stay without their employer and must leave the UK with them. This visa is not extended beyond 6 months. The applicant cannot seek work in addition to that offered by their employer, nor can they switch employer and they must be able to support themselves as they will not receive public funds.

Temple Gate Solicitors are specialised in Domestic Worker visa applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.

Sole Representative of an Overseas Business

You can apply to come to the UK as a representative of an overseas business if you are from outside the European Economic Area (EEA) and Switzerland and you are either the sole representative of an overseas company planning to set up a UK branch or a wholly owned subsidiary for an overseas parent company or an employee of an overseas newspaper, news agency or broadcasting organisation posted on a long-term assignment to the UK.

To apply for this entry category, the applicant must have been recruited and taken the role as an employee of a company whose primary place of business and headquarters are outside the UK. They must themselves be a senior employee of that business, and that business must, at the time of application, have no branch, subsidiary or representative within the UK. The employee must not be a majority shareholder in that business. The applicant must have the authority to make operational decisions for the purposes of representing their business within the UK.

The applicant would be expected to operate a branch or subsidiary of the business in the UK, in a full-time capacity. Alternatively, they may also act as an employee of an overseas newspaper, news agency or broadcasting organisation.

The applicant must have sufficient proficiency in the English language to perform to the required level in their job role. This may be proven through the English language test certificate, by having an academic qualification that was taught or researched in English which is deemed to be the equivalent of a bachelor’s degree or higher. This does not include professional or vocational qualifications and must meet with UK NARIC approval. The applicant must not intend to seek employment outside this role and must prove that they can support themselves and any dependents without the need for public funds.

Successful migrants under this category can apply to extend their stay as long as they can establish that, while staying in the UK, they have been fulfilling the role that they were granted leave to undertake and that they are still needed to continue performing this function. The applicant must also show that they do not seek to take alternate employment during the next term of stay and that they can continue to support themselves and any dependents without the need for public funds.

After 5 years, if the migrant has met with the terms of this category and is still needed going forward, they can apply for Indefinite Leave to Remain in the UK.

Temple Gate Solicitors are specialised in Overseas Representative visa applications and can help you to apply for this visa. To book a consultation with one of our legal experts contact us on 020 7183 8043 or send us a message by clicking here.