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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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how does the UK BA define a "majority sharelholder" for purposes

Customer Question

how does the UK BA define a "majority sharelholder" for purposes related to a sole representative visa?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 4 years ago.
Hi thank you for your question.

Kindly confirm what is the purpose of your visa you are looking to apply for?
Customer: replied 4 years ago.
My company is planning on opening a branch in the UK. We hav the following ownership structure:

Myself: 36%
Partner: 36%
Partner: 10%
Investors: 15%
other: 3%

I want to know if I am considered a majority shareholder or not to determine my eligibility for this particular visa:
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/othercategories/overseas-business-reps/
Expert:  UK_Lawyer replied 4 years ago.
The visa you are applying for requires you to be employed by the business and must have full authority from the business to undertake operational business in the uk and must not be a majority shareholder.

For the purpose of this visa this means you must not hold the majority of shares in the business. As you hold 36% it is a clear indication that you still require the approval of the company and other shareholders such as your partner to make decisions on behalf of the company or be given authority to make decisions for the company.

Therefore for the purpose of this visa if you hold more than 50% if the shares you will be considered a majority shareholder. You will therefore be eligible to apply for the visa.

I hope this answers your question if so kindly click ACCEPT, if you do not I will not get credited for my time.

Kind regards

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