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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a Turkish Citizen who wishes to go into a buisness partnership

Resolved Question:

i am a Turkish Citizen who wishes to go into a buisness partnership with a British friend, how do i go about applying for a working visa in the uk, my friend is willing to be my sponser if required
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. What level of funds do you have access to for investment in to the business
2. What would be the nature of the work
3. Are you in a relationship with a UK national or EEA member state national
Kind regards.
Tom
Customer: replied 3 years ago.

i have £20,000 to invest into the company, the nature of the work is a beauty company and shoe shop, they already own a well established homecare buisness, i am not in a relationshi with any uk oe EEA Member

Expert:  Thomas replied 3 years ago.
Hi

Would a new company/partnership be formed as a result of your investment OR would your capital be invested in the existing company/partnership?

Kind regards

Tom
Customer: replied 3 years ago.
A new limited company would be formed
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

The difficult you have is in order to obtain a Entrepreneur working visa you must have personal access to £200, 000.00:-
http://www.ukvisas.gov.uk/en/howtoapply/infs/inf24pbsentrepreneur
See “How are points calculated?” on the above page for confirmation of this.

If you are in no such relationship then you would be looking at potentially obtaining another form of worker’s visa. Presently, there are only spaces available for Tier 2 Sponsored Skilled Worker’s Visa.

As to a Tier 2 application you will have to see if there is a job that you could do in the UK on the shortage occupation list:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf
You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/

The difficult here is that if the new company is to be your sponsor then they must have a record of trading. If this cannot happen without your investment then I can’t see how a “shell” company could apply to be a licensed sponsor. If you invested money so that they started trading then there is a possibility that they could apply to sponsor you, but if this is unsuccessful or you fail to qualify under the points based system then you will be left having invested money in a company without being able to come here to be “hands on” and would instead have to reconcile yourself with doing what you can from abroad.
If your job is not on that list then your employer/sponsor will have to confirm that they have carried out a the Resident Labour Market Test. This test is effectively to show that there are no resident/eea national in the locality that can perform your role.
If you find an employer willing to sponsor then you will also have to meet the requisite number of points under the Tier 2 points based system:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3
You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for. If you do not have the required amount of points under this system then you will not be able to make an application
There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/

It’s going to be very difficult I’m afraid.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
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Experience: BA (Hons), PgDip, Practising Solicitor
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