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The requirements for Business Immigration to UK are:

1. Entry Clearance must be obtained before entering the UK from the immigration officer at the British Embassy or Consulate abroad. It may be inconvenient to apply from the country of origin; for example if one is a third world national, application may result in a lengthy waiting period for an interview at the British visa section. If one is normally resident in a more "convenient" country other than the country of one's nationality, then one may wish to apply through this country. In any event, if required, it is usually possible to find a more "convenient" country, perhaps in Europe.

2. If one can put forward good reasons as to why it is inconvenient to apply from abroad then the Home Office may allow an application to be made whilst in the UK. But this is done at one's own risk, exceptionally outside the rules and is not recommended unless there are very good reasons. Please see the second paragraph after the end of this list of requirements for possible reasons for leniency by the Home Office.

3. One will be investing at least £200,000 into the new or existing business; bank statements are required to show evidence of one's means going back at least three months (preferably six months). The full investment does not need to be in Britain initially but one must have made the full investment by the end of the first year. The investment, may be partly in loans, plant and equipment, goods etc.

4. One's level of financial investment will be proportional to one's interest in the business.

5. One will be able to bear one's share of the liabilities: Normally "liabilities" refers to those a business is reasonably expected to incur and it is not required that an appli- cant show "a capital reserve to cater for any unforeseen liabilities". Obviously, in the case of a limited company, it's liabilities will be limited to the total of it's assets.

6. One will be occupied full-time in the running of the business. Normally, one should not work for anyone else. At the same time under certain circumstances one can work for more than one employer, and one can in any event invest in other businesses as well. For the purposes of the application and gaining permanent resi- dence after 4 years it maybe advisable to spend a high proportion of each year in the UK working in the business for the 4 year period.

7. That there is a genuine need for his services and investment. A business plan is normally advisable. One should give the capital investment plans for the first 12 months, the proposed number of employees in that period, the prospects for profitability, the means by which the profits will be distributed and the level of remuneration needed from the business to support oneself and any dependents; all this can presumably be incorporated into a business plan.

8. The entry clearance officer at the British Embassy or Consulate abroad needs to be satisfied that one will be bringing into the country sufficient funds of one's own to establish an enterprise that can realistically be expected to maintain and accommodate one-self and any dependents without recourse to employment of any kind (other than self employment) or to public funds.

9. New, paid full-time employment will have to be provided in the business for at least 2 persons already settled in the UK. This means two UK citizens, or European Union Citizens, or those with permanent residence in the UK.

10. It would be advisable to also include a history of previous activities, a CV and references showing experiences in the past.

11. Normally a form will have to be filled in at the British Embassy or Consulate abroad for entry clearance.

The application is usually made from abroad (please see a. above) and is therefore seen by the immigration officer in the British Embassy or Consulate, and will then be referred to the Home Office Immigration Dept. at Lunar House, Croydon. We can then chase up the application and hopefully have it completed within 2 or 3 months but it may take longer if the investment in the business is not so great (please see next paragraph). After one has been granted entry clearance one should not have a problem in gaining entry to the UK for one's intended purpose.

The more money one invests and/or more UK residents are employed the more liberal the Home Office are with the rules. Also it would be helpful though not strictly necessary if the new business is in an industry that badly needs investment, the business is in an area of high unemployment and/or it will benefit the UK economy being, for example, a net exporter. Obviously one should seriously consider visiting the UK to do preparatory work before setting up in business.

After the initial entry clearance is granted and within the first year in the UK one can apply to be granted a 3 year extension of stay. Assuming that the business is successful or one can show that it will eventually be profitable one should have no problem in gaining a 3 year extension. After a period of 4 years has elapsed, and if the business still subsists, one will usually be granted permanent residence.

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