What are the most common types of visas for opening a new business in the UK?
Several business visa types are available to American citizens who wish to run a business in the UK. The most commonly used visas American business people use include the UK Innovator Founder visa, Global Business Mobility (GBM) Expansion Worker visa, Visitor visa, and Self-Sponsorship route.
The answers below will explain the differences between each visa and who they are for. Making the correct choice now will ensure you successfully secure permission to come to the UK to start your new business venture. Remember, if you are unsure which is the best route for you, please speak to a member of our team as soon as possible.
What is the UK Innovator Founder Visa?
The UK Innovator Founder Visa is an excellent option for US entrepreneurs who want to come to the UK to open a new business here. As an Innovator Founder Visa holder, you will be able to:
- Bring your partner and children with you
- Remain in the UK for up to 3 years to set up and run your new business venture
- Apply for accelerated permanent settlement after 3 years of continuous residence (this normally takes at least 5 years) and
- Gain British citizenship 12 months after gaining permanent settlement.
To apply, you will need to demonstrate that you have:
- An innovative, viable, and scalable business idea
- Endorsement for your business idea/plan from a suitable body
- Meet the English language requirements, and
- Enough money to set up your business and support you and your family while in the UK.
What types of UK business visas are available to expand my current business in the UK market?
Existing US businesses with plans to expand into the UK can make use of the Global Business Mobility (GBM) Expansion Worker Visa. This route enables a representative of a US business to come to the UK to set up a branch or subsidiary here. Applicants must have worked for the US business for at least 12 months in an eligible role and have a salary of £48,500 per year or more, or the ‘going rate’ for their job – whichever is higher.
GBM Expansion Workers can stay in the UK for up to 12 months, and this can be extended for another 12 months, allowing for a maximum stay of 2 years. To stay longer, GBM visa holders can switch to another visa type, such as the Skilled Worker visa. With a Skilled Worker visa, holders can then gain permanent settlement over time and eventually citizenship.
What types of UK business visas are available to visit the UK for a business meeting?
You can obtain a UK Visitor visa if you plan to travel from the USA to the UK for business purposes. As such, the Visitor visa is not exclusively for tourists or family visits; it also caters to business professionals. It is particularly suitable for those needing to travel at short notice for business engagements such as meetings, conferences, or contract signings, provided the stay does not exceed six months.
To apply for a Visitor visa, you must have an invitation letter from the UK company (or companies) you intend to visit during your stay.
You can come to the UK on a Visitor visa as a USA citizen for business purposes, but only for the following purposes:
- Attend interviews, meetings, conferences and seminars
- Negotiate and sign deals and contracts
- Attend trade fairs to promote your business
- Receive work-related training if you’re employed overseas, and the training is not available in your home country
- Provide a one-off or short series of talks as long as they’re not for profit or a commercial event
- Perform site visits and inspections
- Oversee the delivery of goods and services provided by a UK company to your overseas company or organisation
- Provide training or share knowledge on internal projects with UK employees of the company you work for overseas, or
- Install, dismantle, repair, service or advise on equipment, computer software and hardware, if your overseas company has a contract with a UK company or organisation.
What is the self-sponsorship route?
The self-sponsorship route offers a way for US entrepreneurs to open and run their own businesses in the UK by sponsoring themselves. This is the ideal immigration route for those who would rather work for themselves rather than another business.
To apply under the Self-Sponsorship route as a citizen of The USA, you will need to:
- Establish your business in the UK – An Immigration Associate at AY&J can guide you through the process of setting up your business, including finding suitable premises, registering your business, and opening a UK bank account.
- Apply for a sponsor licence – Once you have a UK business, you need to apply for a sponsor licence. It is necessary to issue yourself a certificate of sponsorship. To make a successful application for a sponsor licence, you will need to demonstrate to the UK Home Office that your new UK business is fully compliant with the requirements of a sponsor. Again, we can guide you through this process.
- Apply for a Skilled Worker visa – Once you have a certificate of sponsorship from your business, you can then apply for a Skilled Worker visa.
The immigration solicitors at AY&J have successfully assisted numerous international business professionals with their self-sponsorship applications and are ready to do the same for you. We will guide you through the process and requirements, assist you in obtaining a sponsor licence, and then handle the preparation and submission of your Skilled Worker visa application for both you and your family.
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How can I make a successful UK business visa application from The USA?
To ensure that your business visa, sponsor licence, or other immigration application is approved on the first attempt with the minimum delay, it is essential that you:
- Provide detailed information
It is always important to thoroughly outline your new UK business plan, including detailed market analysis and financial forecasts. This will show that you have really thought about your business idea and have put in the homework necessary to make it a success. Remember to highlight your venture’s innovative aspects and ensure full compliance with the endorsement criteria.
- Support claims with documents
Gather all of the documents and evidence required to support your application, including identity documents, bank statements, and business endorsements. We recommend making sure that all documents are legible, valid and organised methodically to make it easier for the case officer to review your case.
- Consult an Immigration Solicitor
Find an experienced UK immigration solicitor who you can trust to prepare or review your application. Their expertise will ensure that your application proceeds smoothly and that any queries from UK Visas and Immigration (UKVI) are addressed.
What are the Most Common Reasons for Rejection?
The harsh reality is that when it comes to securing a positive business visa application, even the most minor visa application errors or mistakes can lead to refusal, resulting in disappointment, inconvenience, wasted time, and financial loss. To make sure that your application is approved the first time with no delay, it is important to avoid the most common reasons for rejection, as follows:
- Not meeting the eligibility criteria – It is surprising how many people submit visa applications without first checking whether they meet the eligibility criteria. If you are uncertain, please speak to one of our immigration lawyers to verify your eligibility.
- Submitting an incomplete application – Never rush your visa application. Even a small omission will lead to refusal and waste your application fee. Always complete your application thoroughly, honestly, and accurately.
- Not following the correct process – Always stick to the proper process for whichever visa route you choose. Cutting corners will generally lead to refusal.
- Non-genuine application – The Home Office will want to be satisfied that you are a genuine business visa applicant. If doubts arise, your application may be refused.
- Insufficient funds – Ensure you have adequate financial resources to support your stay and business activities in the UK, along with the necessary proof.
- Not meeting the English language requirements.
- Providing out-of-date or incorrect documents
- Lack of a clear business plan – A vague or non-existent business plan will lead to visa or endorsement refusal.
Never be tempted to rush your UK business visa, endorsement, or sponsor licence application. If you are short on time, hand the process over to a UK-based immigration Solicitor who will greatly enhance your chances of securing a UK business visa and successfully starting your company in the UK.
What online resources would you recommend?
YouTube offers an invaluable and completely free source of information for American nationals who want to start a business in the UK.
Here are the top 5 that we recommend you watch:
A Y & J Solicitors: How to Start Your Business in the UK – Offers detailed insights into visa requirements and business setup in the UK.
A Y & J Solicitors: UK Innovator Founder Visa – explains all you need to know about this visa route.
A Y & J Solicitors: UK Innovator Founder Visa – Best Way To Self Sponsor UK Visa 2024 – UK Visa Application Process For Self Sponsorship Work Permit.
Curiosity Insight: How to Start a Business in the UK as a Foreigner? Starting a Business in the UK as a Foreigner – discussed opening a bank account and choosing your business structure.
UK Knowledge Guru: How to Start a Company in the UK – UK Business Formation Online with Companies House.
