Visa Question for Tofu or Other Similar Experts ;)

[expatpumpkin]

Our UK visa status is Tier II (inter-company transfer). DH is the primary and I'm the dependent...

Current visa expires on October 31st and we will be renewing. I am starting a business here in the UK, however, and I would like to split our visas. Meaning that I'd like to be completely independent of DH's status and not at risk of being sent home if he quits/loses his job.

Aside from the entrepreneur visas (which require hefty cash investments), are there any ways to do this?

[ninjatofu]

First off, I get what you're trying to do and it's clever, but not quite possible right now.

You are a Tier 2 dependent. He's a Tier 2 intra company transfer, so this is problematic. Tier 1 is closed unless you are applying as an investor or entrepreneur. For any of these Tier 1 routes you will need at least £200K on your own or £100K each with a partner to invest.

Tier 2 - if you are starting your own business you cannot sponsor yourself under Tier 2. However, there are ways around this, kind of sneaky, but entirely legal and possible.

You don't own the business, your friend does (or someone not even in the UK, or someone else in the UK that you trust completely). You don't own shares in the business, or if you do, no more than 10%. Your husband does not own shares in the business.

You form your business and apply for a Sponsorship Licence for it. This will take at least 5 months and will involve a visit to your business premises, for which the owner must be present. Or a worker. Not you, not your husband. You don't exist for this business.

Once you get your sponsorship licence, you apply for a special certificate for yourself, proving that you are the best choice for that position out of everyone in the UK and the EU. It's possible, but you have to pay yourself a lot. Takes about 2-3 months to get that certificate. (you could try to get one for your DH instead, but he's Tier 2 intra company transfer and not Tier 2 General so you'd still have to apply from outside of the UK, hence the special certificate).

Anyway, you get the certificate, make your application from the States with your husband as your dependent, and then you're good to go as an employee of the business that your trusted person owns.

With your husband as your dependant he can work freely for any company that he wants. Best UK visa ever.

I hope that helps! I've got to run or I'd go into more detail, but your options are pretty limited at the moment for starting a business and holding your own visa.

[expatpumpkin]

Thanks for your feedback... What if I start the company with the permission we still have and then attempt to file for an independent visa once it's quite established? I'm asking this because I really don't want to involve third parties, and I don't want to be an employee of the company, but the sole owner.

DH's job is actually quite stable, and we can ride his visa for at least two more years. But at some point, I'd want to break away from it...

My reasoning is if I start a business that grows and employ Brits, wouldn't the UK want me to stay on if my leaving would mean lost jobs, etc.? Of course, I know the system isn't necessarily reasonable

Thanks so much for your input!

[ninjatofu]

Sorry. You cannot own more than 10% shares in a business you are sponsored by.

That's exactly what tier 1 general was for, but it's now a closed route.

That is also what the investor visas are for, but you need to invest at least 100k in the company.

Other options involve setting up your company elsewhere in the EU, setting up a sole representative subsidiary in the UK and either transferring yourself through intra company transfer or going the route of a sole representative, but it doesn't sound like that works for your business plan because you want to employ people.

If you can ride it out until you gain settlement through his visa, I would. The rules change here constantly, and I can see them bringing back a degree of tier 1 for preferred nationalities within the next year.

I can understand your concern. You establish a business, he loses his job and you have to leave. He either finds a new job ASAP or you become the main applicant somehow.

It's frustrating and expensive, but not impossible.

[expatpumpkin]

What if I didn't employ others? There's some manufacturing work I need done, but it would actually be much easier to contract that out to other businesses... I was only considering hiring employees for this because I assumed that job creation would be a gold star on my visa app

Also, what if the company is founded in the US? I can travel to the UK for up to six months a year on business, right? Could I still apply as a sole representative (as you mentioned for businesses founded in the EU)?

Thanks SO MUCH!!!