Business Immigration

Tier 2 Intra-Company Transfer Visa

Tier 2 ICT is a UK work visa for the skilled worker of a multinational company working in a foreign branch that has a minimum of 1-year work experience in such a company. This visa route is generally utilized by the multinational organization to get skilled employees on-board from an oversea office, sister company, or a subsidiary to fill a position in the UK office to which they are unable to find a talented candidate locally.

Usually, IT and tech companies use the Intra-company Transfer to get the talented professional from their overseas offices. The policies and prerequisites introduced by the UK government, including minimum income thresholds and immigration skills charge, have made it quite difficult for the companies to transfer talent to the UK. Due to the ever-changing Point Based system of the UK Visa and Immigration, businesses should be acquainted with immigration developments to be knowledgeable about the latest updates.  

Sindhu Immigration Services assist you in making an informed decision and help you out in getting the most talented employee to your UK office. Whether you need your outshore employees for a specific project or a long-term position, we will ensure that they will be working on the project soon. Give us a call for a free consultation, and our advisors will guide you through the process.

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Getting Sponsored

If you want to get a Tier 2 ICT Visa, then you must be employed by a licensed sponsor in the UK. The sponsor checks out whether you can do the job and are qualified for the visa or not, which is followed by a certificate of sponsorship to prove that you are eligible to move to the UK branch. You need to get other information in hand as well as what you will get paid and at which post you will be working.

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Tier-2 Intra-company Transfer Visa Requirements

There isn’t any obligation to advertise and perform the resident labour market tests with this visa category. In addition to that, there isn’t any English language requirement and no need to get a restricted Certificate of Sponsor. All this collectively reduces the processing time of the visa as compared to the Tier 2 general visa application. To your surprise, there isn’t any restriction on the shareholdings owned by the applicant. Thus, enabling business people with any shareholding can gain entry in the UK.

However, the Tier 2 intra-company transfer visa won’t give you an indefinite leave to remain in the UK at the end of five years. The applicant can’t switch to the Tier 2 General visa without leaving the UK as there should usually be a twelve-month gap before applying to another Tier 2 visa. In short, you need:

·         A valid CoS from an employer from the UK having a Tier 2 Sponsor Licence

·         Appropriate salary

·         Supporting documents as proof that you have worked for the employer outside

·         English language, only if the transferee’s visa is more than three years

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Salary requirement

To apply for the Intra-company Transfer Visa, the minimum UK salary should be £41,500 per annum, which is quite higher than what is needed for a Tier 2 General visa, which is £30,000 per annum and in some cases, can be as low as £20,800 per annum.

Tier 2 Intra-company Transfer Visa Categories

Generally, there are 2 sub-categories of the Tier 2 Intra-company Transfer Visa, which are:

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Long-term Staff

If the employer is filling a position in the UK for a long-term basis like a year or more. To be eligible for this category, you must have been employed for the company overseas for at least a year, unless you will be paid a minimum of £73,900 a year.

The length of stay depends on the salary you will be getting. If you are earning more than £120,000 a year, then you can stay for a minimum of 9 years, and if your salary is less than this, then you can stay for 5 years and a month.

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Graduate Trainee

This visa is for the fresh graduates who are transferring to a graduate trainee program and will be working on a specialist role. The applicant for this category must been employed or trained by the employer overseas for a minimum period of 3 months.

The applicant will be entitled to stay for up to one year and should have a minimum salary of £23,000.

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Maintenance Funds

Generally, the employer will guarantee maintenance, which will be enough for the requirement. Alternatively, the applicants need to show that they have at least £945 in hand, and the balance in their bank account should not have been less than this amount over the last ninety days.

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New or Additional Employment

The Tier 2 Intra-company Transfer visa holders who want to leave their current job and work for a new employer will need a new visa for that. However, there should be a cooling-off period of a year before you can actually apply for another Tier 2 visa. It is to be noted that the cooling-off period doesn’t apply if the applicant is getting a salary of £120,000 or more. In most of the cases, you can’t switch to a Tier 2 General Visa from a Tier 2 Intra-company Transfer. 

Tier 2 ICT visa holders are free to work for 20 hours per week in addition to their regular working hours in the below-mentioned scenario:

·         If you are required to work for the same sector, at the same professional level for which you have been allocated the Certificate of Sponsorship.

·         Apart from the working hours which are covered by the Certificate of Sponsorship for the Tier 2 Visa.

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How Can We Help?

We will help you throughout the process of applying for the Tier 2 ICT visa. The application is generally made online, and the applicant needs to provide supporting documentation and biometric verification. Our professional staff will help you in processing the application form diligently. We have advisors, lawyers, and immigration experts on-board to guide you and help you out in getting the Tier 2 Intra-company Transfer visa while speeding up the processing time. Our teamwork with the multinational firms assisting them with moving the talent to the UK. Contact us now for assessment and free consultation from our experts. 

The representative of Overseas Business

For the businessmen who want to establish a strong commercial presence in the UK, a representative of overseas business visa is the most suitable route. This visa route allows you to open up a subsidiary or a UK branch of an overseas parent company. But the company should be a genuine commercial enterprise having the principal services somewhere outside the UK, European Economic Area, and Switzerland.

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Who Can Be A Representative of Overseas Business?

Anyone who is from outside the EEA and Switzerland, who is the sole representative of overseas business can apply to come to the UK. The applicant should be either:

·         The sole representative of an overseas commercial company who is planning to set up a wholly-owned subsidiary or a UK branch for the parent company

·         A talented employee of an overseas news agency, newspaper, or a broadcasting organization who will be employed on a long-term assignment in the UK

The sole representative should have been employed by the parent company at which the initial clearance is applied at any point. The UK subsidiary can hire a representative later on at any time. However, when the employed person no longer has the responsibility at the executive role for the directions and operations of the subsidiary, they will have to switch to a Tier 2 visa route followed by the point-based system. 

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Authority of the Representative

To be eligible for the representative of an overseas business, the person under question should have the authority to take the decisions related to critical operational activities. The applicant should have responsibility for initiating and operating a wholly-owned and restricted branch/subsidiary of the company abroad. But it would be unreasonable to assume that they will be taking unilateral decisions on all matters. The entry clearance officer would ask for the documents which will detail:

·         The contract of employment of the applicant

·         The job description of the applicant

·         Full-fledged business plans of the employer

·         Other confirmation about the authority of the applicant to make decisions, to establish and operate a brand or subsidiary on behalf of the company

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Salary and Working Hours of the Representative

The basic salary and fringe benefits of the representative should be appropriate for being a senior-level employee in the parent company and should be collectively higher than other employees’ salaries. The representative might be working on a remuneration package consisting of the basic salary and commission.

As far as the working hours are concerned, the representative must be a full-time employee, but this shouldn’t be confused with a set number of hours to be worked in a week. It will be acceptable as far as the salary would be enough to support the applicant and the dependents financially, without recourse to any type of public funds.

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Who Can Qualify for Representative Visa?

A business that is operating overseas and has already employed a person in the UK won’t be qualified for the visa of this category. The company must be genuinely trading outside the UK and must provide the supporting evidence of sales, trading, turnover, information about registered offices, and details of the shareholders.

In some special situations, the parent company could possibly use a commission agent, broker, distributor, or a business that isn’t actually regarded as representatives in compliance with the current immigration rules.

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Proof of Maintenance Funds

The genuine commercial presence of the business should be evinced by a certificate of incorporation for subsidiary and a certificate of registration for branch from the Companies House. Business activities can be supported through invoices, company accounts, etc. The applicant should have a major share in the overseas business and won’t take any other employment throughout.

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What Will You Get?

If you get the visa under this category, then you will get an entry clearance of 3 years, which in some cases can be further extended to 2 more years. You can also qualify for indefinite leave to remain in the UK once you have completed 5 years of continuous residence under this category. You can extend the stay after three years if:

·         The parent company and principal place of operation remain outside the UK even if the UK subsidiary/branch overshadows the parent company.

·         The branch or subsidiary is actively trading

·         The UK brand/subsidiary is operating and offering the same services as that of the parent company

·         The parent company verifies that it still needs the representative

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How can SIS help you?

Being among the leading immigration law firms, we can help you out to qualify as the representative of an overseas business in the UK. As it has made it quite challenging to get into the UK, our lawyers keep themselves updated with the changing regulations to optimize the chances of getting visa. We understand the impending challenges which an applicant may have to face and the daunting task of extensive documentation to be supplied along with the application. Thus, we put our efforts to minimize the risk of getting in front of the Entry Clearance Officer to answer the complex questions. Our talented professionals have helped a lot of clients in getting the visa and are dedicated to doing the same for you.

Citizenship by Business Investment

Turkish Businessperson Visa

Turkish nationals who are over the age of 18, wanting to start a brand-new business in the UK or come to the UK to run an already established business. If you, too, are planning to come to the UK under the Turkish Businessperson Visa category, then we are here to help you. Sindhu Immigration Services have been assisting Turkish nationals to go to the UK for years. Our immigration advisors and lawyers have extensive experience and specialized expertise to increase the chances of getting the visa.

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Requirements of Turkish Businessperson Visa

To qualify for visa under the Ankara Agreement or EC Association Agreement, the applicant needs to prove that you are a Turkish national and:

·         Your genuine intention to initiate and operate a viable business

·         The funds and assets that you will devote to establish the business

·         You have sufficient share of your own to contribute to the costs of running a business

·         Your part in the company will not be entitled to disguised employment

·         The share you will be getting from the company will be enough for you and your family to support entirely without needing to rely on any public funds

·         You have not resided in the UK premises in breach of UK immigration laws

In case you wish to join an existing company or partnership, then you will also be required to show that:

·         You will be designated on an active role in running and operating the business

·         The business needs your services and investment genuinely

The exact prerequisites and requirements that you need to satisfy will depend on your distinctive case. For that, you should talk to one of our expert immigration lawyers to get an expert to advise and thorough guidance.

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What Type of Business do You Need to Start to Qualify for Visa Under Ankara Agreement?

A Turkish Businessperson should have a full-fledged plan to set up a business in the UK as a sole proprietor, legal partnership, or director of a limited company. The applicant cannot work as an employee on this visa, but this shouldn’t be confused with the responsibilities of the person as the director of a limited company.

You can also join an existing business on a partnership business in which you will be actively involved in running the business while proving that the business genuinely needs your investment and services.

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What is the Minimum Amount limit to Invest in the Business to Get Qualified?

Unlike other visa categories, be it Tier 1 Entrepreneur, Investor, or innovator, there isn’t any set amount of investment for this category. You need to bring in “sufficient funds” to the UK to set up your business and should have a plan for the business like how it will operate and the goals for the first 12 months. Thus, there is a greater subjectivity, and our legal advisors can help you in deciding an amount for the “sufficient funds” to make a successful application for Turkish Businessperson Visa.

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Benefits of ECAA Turkish Businessperson Visa

There are numerous benefits of this visa route over others, which are:

·         You can invest in an existing business unlike the innovator and start-up visa categories

·         Flexibility over selecting the niche of the business unlike other categories as there are no robust restrictions on the business type

·         You can stay for 12 months initially and will get an extension for a further 3 years

·         The visa holder can get indefinite leave to remain in the UK

·         You can also apply for settlement after satisfying the regulations

·         The immediate family members and dependents of the visa holder can join

However, in order to get indefinite leave to remain in the UK for a Turkish ECAA businessperson, the following criteria should be met.

·         The applicant must have resided in the UK for 5 years continuously under either Turkish Businessperson visa category or the Tier 1 Entrepreneur category

·         The applicant should have been granted leave as Turkish businessperson

·         The visa holder should meet the English language requirement followed by the life in the UK requirements in KOLL

·         The applicants should intend to continue running a viable business in the UK

·         The visa holder and his family members should have been living independently without relying on any type of public funds

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How Can SIS Help You?

If you wish to apply for a Turkish Businessperson Visa, then you must have talked to the people around you to get an idea. There is a possibility that a lot of applicants from whom you have asked might not be able to make it through the process. Do you know what makes the difference? The legal advisor or immigration firm that they have hired to process the application. If you don’t want your application to be rejected, then do your homework and choose a reliable service provider.

The immigration lawyers at Sindhu Immigration Services work in compliance with the strict requirements of the UK Visa and Immigration. We ensure that your application will be technically correct and will be professionally presented to secure entry clearance. No matter if you need expert advice from the top professionals on the requirements of the immigration rules, professional assistance for preparing the application, or an independent assessment for a Turkish Businessperson visa, our immigration lawyers and advisors will help you.

Tier 1 Entrepreneur Extension

Tier 1 Entrepreneur visa holders are entitled to apply for an extension for a further 2 years well before the expiration of the original duration. Under this route, the extension application will remain open until 5th April 2023 and the ones who wish to apply for the settlement, they should apply before 5th April 2025.

As the UK government has closed Tier 1 Entrepreneur route in March 2019 and replaced it with the new Tier 1 Innovator visa. The new route has been introduced to encourage the development and investment in viable, scalable, and innovative businesses in the UK and in order to drive more economic growth. The Tier 1 Entrepreneur visa is closed as of 29th March 2019, and the transitional arrangements have been applied to mitigate the probable impacts of the changes.  

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Eligibility Criteria for Extension

To extend your Tier 1 Entrepreneur visa, you need to meet the following criteria:

·         To be able to provide proof that you have been self-employed, working as a director of a limited company, a member of a partnership for at least 3 months before you apply.

·         Be registered as self-employed or a director of the new or existing company within maximum of 6 months of landing in the UK.

·         Have invested at least £200,000 into any business in the UK

·         Meet the requirement of job creation.

·         Provide an overview of your role in the business, details of the business’ activities, job title, and description for the settled workers against whom you are claiming points.

It should be noted that you need you to include the details of any dependents in the application, including the children who turned 18 years while they’re on the stay in the UK.

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Documents Needed for Application

The applicant is required to provide the numerous supporting documents with their application, which include but are not limited to:

·         Current passport and other travel documents

·         A passport-sized photograph

·         Proof that the applicant has the funds between £50,000 and £200,000 to invest

·         Detailed business plans

·         Evidence of required maintenance funds for the applicant and the dependents

·         Tier 2 English proficiency test results

·         A clear TB test result letter if you are from a country that is included in the list of the Home Office’s TB list

·         A clear criminal record certificate from countries where the applicant has lived for more than a year in the past ten years 

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Length of Stay

You will be entitled to stay in the UK for up to 3 years and 4 months initially, and after the extension, it can be a total of 6 years and 4 months. The length of stay that will be granted to an applicant depends upon the visa status of the person under question. For the ones switching their visa to the Tier 1 Entrepreneur from any other category can get the extension of 3 years, and all others are entitled to the extension for 2 years.

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Entitled Rights of the Tier 1 Visa Holder

If you Tier 1 Entrepreneur visa get extended, then you can:

·         Take over an existing business or set up a new business

·         Work independently for your business whether you are self-employed or a director of a company

·         Invite the family members and dependents to live with you

However, you will not be entitled to:

·         Cannot be employed anywhere outside your business

·         Receive public funds

·         Indefinite leave to remain in the UK

·         Be away for more than 180 days in total from the UK in any period of 12 months 

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Processing Time

You should apply well before the expiration of your current visa as the standard processing time to get the extension for the Tier 1 Entrepreneur Visa is approximately 8 weeks. If your application is complicated, then you should ask for help from a well-reputed immigration firm like Sindhu Immigration Services to make sure that your application isn’t missing anything.

The applicant will be contacted if the application is complicated and will take a bit longer than the mentioned time if authorities ask an interview from you to verify the supporting documents or due to any other criminal convictions. Once someone has applied for the extension, he/she can stay in the UK as long as any decision is made on the application.   

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Why Choose Sindhu Immigration Services?

We, at Sindhu Immigration Services, work as a helping hand to process the application for the extension of a Tier 1 Entrepreneur visa. Our friendly and cooperative staff listed will to your case in detail and devise the best way to present the application in order to ensure that successful clearance. We have vast experience in assisting all types of entrepreneurs in securing further leave to stay in the UK.

Our certified lawyers will guide you about the complex policies and rules of the Home Office to present the technically correct application. We take pride in ourselves being proactive and approachable in meeting the individual needs of the clients. Contact us now and enjoy a hassle-free experience. 

Tier 1 Investor Visa

Tier 1 Investor Visa is an excellent route for non-EEA nationals who can make a substantial investment in the UK. They can enter the UK and can fast track their course to settlement. Undoubtedly, the UK has always been an attractive place to settle in be making an investment as it enjoys a stable government and has a robust rule of law. Investor visa holders are free to work, study, and engage in various business activities within the premises of the UK. Their dependents and family members can also accompany them. Apart from this, an accelerated settlement is also available for the high-net-worth Investor visa holders investing more in the UK.

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Requirements of Tier 1 Investor Visa

If you are planning to get a Tier 1 Investor visa, then you should have:

·         A minimum of £2 million for immediate dispersal

·         The money which is currently held in a regulated financial institution

·         A UK bank account with the UK regulated financial institution

·         Freely transferable money that can be converted immediately to pounds sterling

·         Minimum age of 18 years

·         To prove that the investment funds belong to you or your partner

IF the investment funds are held in your account for a period of fewer than 2 years, then you will need to provide the source of funds to satisfy the Home Office for the provenance of the funds.

The applicants who are applying from outside the UK should provide the criminal record certificates of the applicant and the adult dependents for any country where they have resided for at least 12 months in the past 10 years. However, the exact list of requirements to satisfy vary widely from person to person, and for this, our advisors can help you.

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Applying for Tier 1 Investor Visa

The applications for a Tier 1 Investor Visa are submitted online unless the applicant is from North Korea. It is imperative to fill out the application correctly and send the supporting documents when submitting the application. If you fail to do so, then it can result in immediate refusal, and your precious time will be wasted.  

Once the UK Visas and Immigration has received the application, you may be invited to submit the biometric details, which can be done through the visa application center of your country. After getting the biometric details, the complete application will be considered, and the final decision will be received within three weeks.

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Required Documents

To apply for the Tier 1 Investor visa, you need to provide evidence of the following along with the application.

  • A valid passport or another travel document
  • The result of your tuberculosis test if your country is on the list of the Home Office’s TB test list
  • A criminal record certificate of the applicant and dependents from the country where you have resided for a minimum period of 12 months over the last ten years
  • The proof of your investment funds that you have at least £2 million in freely transferable funds
  • If the applicant is showing the money of the partner, then he/she needs to show the evidence that the other person has given the authority to use the money along with a marriage certificate or a documented proof that you both are in a long-term relationship

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Length of Stay for Tier 1 Investor Visa

The initial Tier 1 Investor visa is usually valid for a period of 3 years and 4 months if the applicant is from overseas, and it is 3 years if you are applying from within the UK. The concerned person can extend the stay for a further 2 years before qualifying ILR or settlement after 5 years. Yet, there is an accelerated route to get indefinite leave to remain in the UK as a Tier 1 Investor migrant after 3 years (for the ones who have invested at least £5 million) or for 2 years (for the ones who have invested at least £10 million).

To get the settlement status in the UK as a Tier 1 Investor, the applicant shouldn’t have spent a maximum of 180 days outside the UK in any period of the stay. It isn’t valid for the aged persons of 65 years and over who have sufficient knowledge of life in the UK and command on the English language.

Start-up Visa

As promised, the UK government has offered a new route to allow entrepreneurs from outside the EEA and Switzerland to enter the UK in order to set up a business. This route is actually a replacement of the previous Tier 1 Graduate Entrepreneur Visa purposed to help out entrepreneurs and fresh minds to establish a business for the first time. 

At Sindhu Immigration Services, we have started assisting our clients with this new route as we have extensive experience in helping out clients with the Tier 1 Graduate Entrepreneur Visa category. We ensure that you will be in professional hands, and we will guide you through the visa application process. 

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Requirements of Start-up Visa

To apply for a Start-up Visa, you should have an innovative, scalable, and viable business idea. The business idea should be thoroughly assessed and supported by an approved endorsing body. The endorsing body can be a Higher Education Institution of the UK, a business organization, or a business incubator approved by the House Office.

The primary requirements for a Start-up Visa that the applicant should meet, include:

·         English language proficiency requirement

·         Proof of maintenance funds of at least £945 in the bank account

·         Minimum age of 19 years

·         The applicant should be in regular contact with the endorsing body  

·         Already entitled to Tier 1 Graduate Entrepreneur Visa, Tier 2, Tier 4 General, or a prospective entrepreneur

·         Investment funds should be genuinely available

·         The intention to work lawfully and not in the breach of regulation

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Applying for Start-up Visa

You can apply for the Star-up Visa in two ways, which are:

·         As a Tier 1 Graduate Entrepreneur

·         As a Start-up Team

Applicants who have already qualified for a Tier 1 Graduate Entrepreneur Visa are required to meet the same requirements as a start-up applicant. However, they might already have established a business in the UK, and the applicant will be granted a 2-year leave in total minus any previous leave granted under the Tier 1 Graduate Entrepreneur visa category.

If the business venture has multiple founders, then you can apply for the start-up visa. But to qualify, you must need to fulfill the requirements as an individual.

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Extending Start-up Visa

A person can only live for a maximum of two years under the Start-up Visa category, and this visa cannot be extended further. The best alternative is to look into some other categories to switch from this visa like Innovator Visa, which is for experienced entrepreneurs. Switching your visa can help you in progressing on the business. However, if you get another endorsement, fulfil other requirements as well, and the start-up visa was curtailed, then you might get a new grant of leave to reside in the UK for two years. 

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Switching to Start-up Visa

You can successfully switch to the Start-up Visa from several categories if you meet the eligibility criteria and have been granted leave in any of these categories:

·         Tier 1 Graduate Entrepreneur Visa

·         Standard visitor visa as a prospective entrepreneur

·         Tier 4 General Visa

·         Tier 2 Migrant

Are you looking for a competent team of solicitors and immigration lawyers? Then you are in the right place. Our dedicated team will help you in successfully applying for the Start-up Visa. We specialize in handling the cases of high-net-worth individuals such as Investors and Entrepreneurs. Our professional advisors are at the cutting edge of the UK immigration laws.

The new route can be a blessing for those who are previously rejected due to a lack of qualifications or any other prerequisite as they can now apply again. To get your case assessed and successfully applying for the Start-up Visa, get in touch with us, and our lawyers will take the burden off your shoulders.

Innovator Visa

For the entrepreneurs who have a new business idea or are already running a business outside the UK and now aiming to expand it, the Innovator Visa route is the ideal one to enter in the UK. It is applicable for both sole proprietors or partnership businesses the same as that of the abolished Tier 1 Entrepreneur Visa; innovators can, too, form a team.

You can apply for the settlement status and eventually for British citizenship being on the Innovator Visa. Once the business idea gets the endorsement from a registered endorsing body, all you are required to do is to start a company, be an active part of developing the business idea in the UK and other markets, make efforts to grow the business, create jobs, and revenue. You should make sure to stick to and consummate initial projects that you were entitled to when first applied for the Innovator Visa.

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Eligibility Criteria

To be eligible for the Innovator Visa category, you need to invest your money in a new business idea in the premises of the UK, which means you cannot invest in or join an already established and running the business. There can be two scenarios, either you will be setting up a new business in the UK or expanding the already operating business. However, the business idea should be viable, innovative, scalable to get the endorsement.

To apply on behalf of a new business idea, the applicant should have a minimum of £50k to invest, along with the assurance that this will be the sole means of income in the UK. In contrast, to apply on behalf of already running a business, you need to give proofs of the significant progress of your business, including the assurance of sustainability and growth for the next 12 months.

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Requirements for Innovator Visa

To apply for the Innovator Visa, you must have at least £50,000 to invest in a new company in the UK. If you are planning to submit the application as a part of a team of entrepreneurs, then each one of you must have £50,000 in the personal account- no matter what is the source of funds. However, if the endorsement letter from a registered body confirms that the applicant has at least £50,000 funds, then there is no need to give any other evidence.

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Other requirements

Apart from education and relevant business experience, entrepreneurs need to meet the following criteria:

  • Must be at least 18 years old
  • An endorsed business idea
  • A valid and viable business plan
  • Ability to financially support yourself and dependents
  • Knowledge and proficiency in English at Level B2
  • Clear criminal record

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Processing Time

The overall processing time is around 3 weeks for Innovator Visa to get a final decision. However, it might take much longer to prepare the documents, and fulfilling other prerequisites as the applicant must have a full-fledged business plan and the endorsement. You will get the endorsement for 3 years initially, which can be extended for unlimited times for another 3 years.

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Getting the Endorsement

To get the endorsement from the registered bodies, you need to prove that the business idea or business is innovative, viable, and scalable. For this, you need to get is assessed first to know if it can get the endorsement or not. A complete business plan can be of great help to anyone who will be evaluating the chances of getting endorsed. To get the endorsement, your business should be:

1.      Innovative

It is crystal clear from the name of the visa that anyone cannot rely on something that already exists on the market. The applicant has the required skills to offer a service or a product that is genuinely new and original, and it should target a new or existing market segment. For being innovative, you must have a competitive edge over others

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Viable

Having a business idea would not be enough; you must be able to show that it has the capacity to be developed into a robust and future-proof business. To do this, relevant qualification, skill set, and hands-on experience along with an in-depth understanding of the market trends is all that needed to propel the business idea.

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Scalable

To get endorsed, you need to show that you don’t plan to stand still at any point, and the business is scalable that will help in creating jobs continuously in the UK and global market.

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Indefinite Leave to Remain (ILR)

Innovators can apply for ILR under the innovator route in 3 years from the first entry. An endorsement letter to confirm that you and your business have achieved the set goals and that the company was running smoothly throughout that period.

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Settlement Requirements

To be eligible for the settlement status, the business should meet any of the two requirements from the following in any combination.

  • At least £50,000 has been spent in the UK on running a business
  • The number of customers has significantly increased and is higher than the average market rate
  • Involvement in research and development activities
  • Gross revenue of £1 million in the past year
  • Total gross revenue of £500,000 which must include £100,000 from exports
  • 10 full-time job creations or local workers
  • At least 5 full-time jobs for residents with a gross annual salary of £25,000

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British Passport and Citizenship

After 12 months of the ILR and spending 5 years in the UK, you and your family can apply for British Citizenship, the decision of which is usually made within 4-6 weeks. The eligibility criteria for all the applicants include:

·         Clear immigration and criminal record

·         Passing life in the UK test

·         English language knowledge of B1 level or higher

·         Not been outside the UK for more than 450 days in the past 2 years and not more than 90 days in total in the past year

Getting your application assessed by an experienced immigration lawyer can increase the chances of getting visa and ultimately the citizenship. That’s where Sindhu Immigration Services step in and guide you through the process. Contact us now and optimize your chances of a successful visa application.

Sponsor Licence Application

A UK based organization that plans to employ a non-EEA or non-EU applicant on a Tier 2 Visa is required to have a valid Tier 2 sponsor licence. A lot of sponsor licence applications got rejected every year because the applicant fails to fill out the required information correctly or don’t attach supporting documents. It can result in the wastage of working hours, and the process of repeating the application can be daunting.  

In the majority of the cases, when the application is refused, the applicant can’t apply again for the sponsor licence within the next six months for the same company, and the period can be longer depending upon the specific case. Getting your application rejected just because you failed to provide all the necessary documents makes you eligible for applying again immediately.

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Tier 2 Sponsor Licence Application

In many cases, the employer needs to run a resident labour market test to employ someone on Tier 2 general visa to show that no one was able to do the job frequently as that of the overseas applicant. However, this isn’t the requirement of the Tier 2 intra-company transfer visa scheme. If you are hiring a worker for a position that is on the Shortage Occupation List, then you might not require to post the job and undergo other formalities.

The Tier 2 sponsor registration process can be a bit difficult as the employer needs to send a detailed cover letter of several pages to the UK Visa and Immigration with all the necessary documents to answer the queries and concerns of the Home Office. Thus, our experts will be assisting you in creating a letter to answer all the probable answers in order to speed up the process and minimizing the chances of refusal.

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Sponsor Licence Eligibility Requirements

To be eligible for applying for a Tier 2 sponsor licence, the organization must provide the proofs that:

·         It is operating legally in the UK

·         The HR department is capable of managing all the sponsorship duties

·         The employment positions are genuine and suitable for Tier 2 skill requirements

·         The vacancies meet the minimum salary requirement

·         The appointed Key personnel are dependable and of good character

However, the key personnel that needs to be appointed by an eligible organization include:

·         A competent and senior-level Authorizing Officer who manages the Sponsor Licence Management System

·         The focal person who will be the primary contact point with the UK Visa and Immigration

·         A Level 1 User who will be handling day-to-day operations using SMS

It might be daunting for some businesses to employ staff specifically for these activities. So, we can help you with Level 2 User and Authorizing Officer to ensure that you always comply with the requirements. 

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Sponsor Licence Documentation Requirements

Usually, the applicant needs to have at least four of the following documents to submit to the Home Office:

·         Office’s lease or rental agreement containing all the signatures

·         Bank statement of three months with a letter from any of the UK banks setting out the nature and duration of the dealings with you

·         VAT and PAYE registration documents

·         Latest annual accounts which can also be sent as a link to the Companies House site

·         The liability insurance certificate of the employer of at least £5 million from an authorized insurer

·         The proof of listings in the Stock Exchange (if needed)

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Application Process

You can apply for the sponsor licence online and should expect a visit from the Home Office to investigate whether the HR department can comply with their regulations or not. After that, the Tier 2 sponsor need to assign a Certificate of Sponsorship to the applicants before they can apply to enter the UK or remain in the UK. The CoS is actually a confirmation by the employer that he has agreed to employ the Tier 2 migrant and will pay the designated salary as stated in the certificate.

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How Can Sindhu Immigration Services Help You?

Our team of Visa and Sponsor Licence experts can assist you with the application in the following ways:

·         A consultation session to decide if the Tier 2 sponsor licence is the best choice for you

  • Completing, checking, and evaluating your Tier 2 Sponsor licence application form
  • Advising and assisting with drafting the advertisement to meet the Resident Labour Market Test
  • Managing and submitting all the supporting documents
  • Preparing a detailed covering letter with all the additional information 
  • Guidance on the HR and employment practices to ensure they comply with the set standards
  • Advice on passing the site visits

Sponsor Licence Renewal

You need to renew the Tier 2 sponsor visa every 4 years, and if you fail to submit the application on or below the expiration date, then the licence will eventually lapse. It should be noted that the application doesn’t need the approval before the expiration date, and it can be under consideration.

If the applicant fails to renew the sponsor licence, then it can lead to a loss of your Non-EEU workforce. Hence, the Sponsor Licence holders must prepare for and apply to renew the licence well before the time of expiration. It is necessary if you have any current Tier 2 employees regardless you are intended to sponsor any more migrant or not.

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General Procedure for Sponsor Licence Renewal

The applicant is required to submit the application for renewal through a Level 1 user on the Sponsor lincence Management System (SMS). The renewal application can be submitted three months before the expiry date, and the UK Visa and Immigration will remind the sponsors 120 days prior to the expiry date for the renewal and at intervals to make sure that the sponsor doesn’t miss on it. 

It is a general practice by the Home Office that they can execute a compliance visit that can be announced or unannounced. The compliance office is entitled to request a variety of information to verify that the company is maintaining all record-keeping, compliance, and reporting duties. To keep the chances of refusal to the minimal, you should be adequately prepared for such type of inspection visit.

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Common Reasons for Sponsor Licence Renewal Refusal

The most common reasons that we have come across for UK Visas and Immigration to refuse a renewal application are that the organization has:

  • Not complied with the Sponsor Licence duties
  • Not maintained the records adequately
  • Failed to respond to the queries of UKVI
  • Was unable to satisfy the Home Office Inspection Officer
  • Late filing or falsified supporting documents
  • Key personnel have a history of convictions or violations
  • Not updated the changes regarding the workforce and company operations
  • Overlooked the resident workers before offering employment to an overseas worker
  • Misconducted the resident labor market test

All of these reasons mentioned above can result in suspension, downgrading, or even revocation of the sponsor licence and can lead to penalties, fines, etc.

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How Can SIS Help You in Preparing for Renewal?

The documentation and other renewal requirements can be difficult to comply with, and you need help from a professional in order to achieve the best outcomes. A delay in the renewal application can disrupt the activities of the business as the talented workers will be unable to work on the projects anymore. We will handle all the essential aspects of the renewal application, including:

·         Validating the supporting documents

·         Thoroughly checking the business activities

·         Rigorous audit of the HR department

·         Ensuring the presence of the key personnel

·         Identifying any weakness in the system

·         Expert legal advice in major areas of Sponsor Licence Management

We have a comprehensive experience of working with businesses in the UK for years and helping them out with Sponsor Lincence renewals. We make sure that the process will be carried out smoothly, and the processing time will be minimum. Our staff doesn’t dither to go the extra mile to ensure that there will be no delays and the business activities wouldn’t be disrupted.

Sponsor Licence Refusal

If your Sponsor Licence Application is refused and you want to get it to reconsider it, then our immigration experts can help you in this regard. There can be various reasons for the application refusal/rejection, and some of the most common ones are:

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Failed UKVI Compliance Audit

The inspection officer will check the HR systems in place, and the major concerns will be recruitment, placement, and HRMS to inspect whether these comply with the standards or not. The system in place should be able to tell the status of the migrant as well as the change in credentials like address, etc. The sponsor visa application may get refused if failed to comply with these regulations.

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Failure to provide the Required Documentation

Businesses need to keep the proofs of IDs and work documentation up to date and should submit the required data to the Home Office. The company must need to make sure that the systems are in place and updated to remind the HR to create a new copy of a document well before its expiration. If you have an old and outdated copy of any document, then the application will get the refusal from the UKVI.

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Failing to Comply with the Genuine Vacancy Test

The Home Office must be satisfied that the migrant will be placed in a genuine position and not on the one that is created just for the migrant to get on-board. Failure to do so can lead to the refusal of the Sponsor Licence.

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Failing to respond to the Enquiries

The licence might be revoked, and the business can lose their ratings if they failed to respond in a timely manner to the major enquiries of the Home Office.   

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Sponsor Licence Application Rejected or Refused?

If the application got rejected or refused, then what should you do the next? The answer to this varies widely depending upon the reason behind the decision and whether it was rejected or refused. The decision of the Home Office will be final, and you can either resubmit the application or can proceed with pre-licence error correction procedure.

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Reasons for Refusal

The implications of refusal can be more significant, and some of the situations are:

·         Submission of false documents

·         A previously help license of the company was revoked

·         The Home Office has requested some more supporting documents and the applicant didn’t send them with the given time limit

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Reasons for Refusal

The implications of refusal can be more significant, and some of the situations are:

·         Submission of false documents

·         A previously help license of the company was revoked

·         The Home Office has requested some more supporting documents and the applicant didn’t send them with the given time limit

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Pre-Licence Error Correction

The sponsor can challenge the refusal of a Tier 2 Sponsor Licence where there was a simple case-working error, and the provided information hasn’t been appropriately considered. Otherwise, you need to wait for the cooling-off period to re-apply for the licence. The length of the cooling-off period depends upon the reason for the refusal, and usually, it is around six months, or a more extended period of 12 months can be implemented in cases where the company has previously received a penalty under section 15.

In case of refusal and rejection due to other reasons than the caseworker’s mishandling, unfortunately, there is no way to apply for reconsideration.

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How Can We Help?  

We understand that the sponsor licence applicant can be a complicated and long process that might cause severe disruptions to a company’s business plan if you get the refusal. Employers can be busy in handling operational activities, and the HR directors would be planning to expand the business. That’s why we work diligently to smooth out the process for you to get and maintain the sponsor licence giving you ample time to focus on other essential business activities. Just give us a call to discuss your case thoroughly and leave the rest to us.