5 Common Questions for Entrepreneur Visa Applicants

In this article we will attempt to address five of the most common questions we get asked about initial Tier 1 (Entrepreneur) visa applications. If you would like more detailed information about your specific circumstances, then please contact one of our immigration barristers to discuss your case in detail.

Can I invest in a business related to property?

The Immigration Rules prohibit entrepreneurs relying on investment and business activity in businesses involved in property development and property management. This is defined as ‘any development of property owned by the applicant or his business to increase the value of the property with a view to earning a return either through rent or a future sale or both, or management of property (whether or not it is owned by the applicant or his business) for the purposes of renting it out or resale. The principle is that the business income must be generated from the supply of goods and/or services, and not derived from the increased value of property or any income generated from property, such as rent.’

There is not a condition on leave to prohibit involvement in property development or property management, but you cannot rely on them to score points. This means that an Entrepreneur with multiple businesses could be involved in property, providing all the requirements of the Immigration Rules were met in relation to one or more other businesses.

The Rules do not prohibit businesses related to property, such as estate agents, property advisory services, refurbishment services or hotels. If an applicant intends to enter a property related field, they should ensure that they have a viable business plan which sets out from what service their intended profits will be derived.

2. I have just graduated, am I eligible to apply?

An entrepreneur can apply at any stage of their career; there is no minimum experience criterion which has to be met. In practice, however, the Home Office will look at a person’s educational and work background when deciding if they are a genuine entrepreneur. The Home Office need to be satisfied that you have the relevant skills and experience to run the business that you intend to run. Depending on what your course of study has been, and the work experience that you have gained before or during your studies, as well as the extra curricular activities that you have been involved in and the type of business you intend to run, you may be well placed to make a good application immediately after graduating. However, others may consider obtaining additional work experience prior to making the application…. READ FULL ARTICLE