UK Immigration Law

Have UK immigration law questions? Get answers now.

Ask an Expert,
Get an Answer ASAP!

My US citizen business partner would like to move to the UK…

Customer Question
My US citizen business...

My US citizen business partner would like to move to the UK to further grow our business. Her spouse is Spanish, and her children have dual EU/US citizenship. Her husband has just moved back to the US to take a job, but she wants to live in the UK. What is the best way for us to get her a visa?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I am a US citizen but have indefinate leave to remain. we've not filed anything

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 6 months ago.Category: UK Immigration Law
Show More
Show Less
Ask Your Own UK Immigration Law Question
Answered in 11 hours by:
11/7/2017
Solicitor: Thomas, Solicitor replied 6 months ago
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,691
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi,

Thanks for your question.

Where has your business partner been living recently? In the UK?

Kind regards.

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 months ago
She's currently working in Dubai
Solicitor: Thomas, Solicitor replied 6 months ago

Hi,

So, she is effectively a non-EEA citizen who wishes to work in the UK, after not being based here. She has an EEA spouse, but the spouse will live in the US while she intends to work in the UK.

Is this correct?

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 months ago
Correct. Her EEA children will be with her, if that helps?
Solicitor: Thomas, Solicitor replied 6 months ago

Hi,

Thanks.

Does she have £200, 000.00 to invest in a business in the UK which she will run here?

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 months ago
No
Solicitor: Thomas, Solicitor replied 6 months ago

Okay.

You have said that she would come to grow your business. Would this be her sole employment and, if so, would a company be formed here of which she would be a director? Is there already a branch of your business in the UK?

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 months ago
I have a franchise license of a global company, and we would work together. It would be her sole UK employment
Solicitor: Thomas, Solicitor replied 6 months ago

Hi

Thanks for your question. I will try to help.

The difficulty is that she cannot use her children to come her herself under EEA rights.

If the husband were also relocating then it would very straightforward because she could simply apply for an EEA family permit and then relocated with him, then apply for a residence card once she had travelled here.

As it stands, if (1) she is employed outside the UK by the company in which you own a franchise and (2) you already have a franchise in the UK then the most obvious way forward would to explore her applying for a Tier 2 Intra Company Transfer. The webpage on this is here:

https://www.gov.uk/tier-2-intracompany-transfer-worker-visa

This is where an overseas employer offers a role to an employee in a UK branch. The employer would need to sponsor her for this.

If this is not applicable then the other way forward would be to apply for a Tier 2 Sponsored Skilled Work visa. This is where she gets a job offer in the UK from an employer licensed to sponsor tier 2 migrants(which would be you – I assume you are based in the Uk) and she would apply for a tier 2 general visa.

The job she would do would have to be on the shortage occupation list (https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list) or you would have to carry out your own resident labour test to show that there are no UK based members of the labour force here who can do the job at the salary listed.

She would then apply for this visa after you have received your sponsor licence and offered her a job,.

In either of the above options it’s quite a complicated application process and so I would strongly consider instructing a solicitor based in the UK practicing immigration law to prepare the sponsor licence application for the employer and also the actual application itself for her.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Ask Your Own UK Immigration Law Question
Customer reply replied 6 months ago
Thank you for your help
Solicitor: Thomas, Solicitor replied 6 months ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,691
7,691 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Thomas

Thomas

Solicitor

7,691 satisfied customers

BA (Hons), PgDip, Practising Solicitor

UK_Lawyer

UK_Lawyer

Solicitor

1,177 satisfied customers

I am a qualified solicitor and an expert in UK law.

INC

INC

Solicitor-Advocate

821 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Clare

Clare

Solicitor

254 satisfied customers

25 years hight street experience

A Hayat

A Hayat

Immigration Solicitor

205 satisfied customers

13 years specialist skill in UK Immigration & Nationality Law

Paul Richmond

Paul Richmond

Barrister

114 satisfied customers

LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)

Awan-Legal

Awan-Legal

Solicitor

95 satisfied customers

Specialist in immigration law with the highest level of accreditation in this area and with many years experience.

< Previous | Next >

Related UK Immigration Law Questions
I am a refugee want to apply for a citizenship in Uk I am
I am a refugee want to apply for a citizenship in Uk I am trying to apply online, It need two references one any British citizen and another a professional to counter sign my photo, can I go and ask a… read more
frantzgregory
frantzgregory
812 satisfied customers
I have a specific question about coming to the UK to take
I have a specific question about coming to the UK to take courses on a student visa. Can you help me with that? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
Valid UK passport stolen in europe. including I-90 completed
valid UK passport stolen in europe. including I-90 completed and I-551 verification stamped therein.. (police theft report filed and in our possession). and m my computer w/ all documentation stolen a… read more
frantzgregory
frantzgregory
812 satisfied customers
I am reading this thread as it applies to my situation
Hi! I am reading this thread as it applies to my situation almost perfectly. My fiance (to be) received PiP and DLA and ESA (was one suplanted by the other? UK benefits not my strong suit) and lives i… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
My wife and i are considering retiring to the UK from
My wife and i are considering retiring to the UK from Australia. My wife has british citizenship, however I don't. What steps can i take to get indefinite leave to remain in the UK. We will be buying a property over there and be self funded retirees. Time frame for all this happening is over next 2-3 years. Thanks, ***** ***** … read more
frantzgregory
frantzgregory
812 satisfied customers
I require my British passport to be renewed as soon as
I require my British passport to be renewed as soon as possible. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
I became a US citizen in 1999 but only hold a US passport.
I became a US citizen in 1999 but only hold a US passport. How do I resume my British citizenship? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
My 18 year old daughter is a US citizen and does not have
Hi...my 18 year old daughter is a US citizen and does not have any dual citizenship. She has applied to the Royal Central School of Speech and Drama in London to attend an Acting Diploma Program. The … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,850 satisfied customers
I am a lawyer in Cape Town South Africa and have a visa
Hi I am a lawyer in Cape Town South Africa and have a visa question in respect of my niece Lara Reed that is on a 6 month family Uk Visa in London. She is on a fiancé visa with her fiancé that has net… read more
frantzgregory
frantzgregory
812 satisfied customers
My wife has property in UK left from a former husband who
My wife has property in UK left from a former husband who passed away , but we have a problem in which she can not come to UK to sign the papers because she was denied a visa before which she did reme… read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
I've been living with my partner for 8 years in a house we
I've been living with my partner for 8 years in a house we owned since then in the USA. I'm a British citizen. I believe I could sponsor her on a partners visa and then after 2 x 2-1/2 years (5 years … read more
frantzgregory
frantzgregory
812 satisfied customers
We are just wondering which visa to apply for as there so
Hi, we are just wondering which visa to apply for as there so many for my husband to be able to join me and family here in the uk ? … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
I have a question around moving from the US to the U.K. Can
Hello Pearl. I have a question around moving from the US to the U.K. Can you assist with that topic … read more
Thomas
Thomas
Solicitor
7,691 satisfied customers
If somebody obtains Indefinite leave to remain through
If somebody obtains Indefinite leave to remain through living with a partner although they are not married can they lose it if they separate from their partner … read more
Thomas
Thomas
Solicitor
7,691 satisfied customers
My naturalization refused under good character requirement.
Hi my naturalization refused under good character requirement. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers
In year 2012 I was still living in Nigerian then. I was
hello in year 2012 I was still living in Nigerian then … read more
frantzgregory
frantzgregory
812 satisfied customers
I am 75 and wish to marry my girlfriend sher is Chineese and
I am 75 and wish to marry my girlfriend sher is Chineese and 56 years of age. She is a school teacher … read more
Thomas
Thomas
Solicitor
7,691 satisfied customers
As a tier one entrepreneur visa holder, can I invest in a
as a tier one entrepreneur visa holder, can I invest in a medical surgery? I am not a doctor. … read more
JimLawyer
JimLawyer
Senior Solicitor & Consultant
Graduate Diploma In Law (Advanced)
229 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x