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

Customer Question
Hello JA: Hello. How can I...
Hello
JA: Hello. How can I help?
Customer: 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?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am a US citizen but have indefinate leave to remain. we've not filed anything
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of
Submitted: 1 month ago.Category: UK Immigration Law
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Answered in 11 hours by:
11/7/2017
Solicitor: Thomas, Solicitor replied 1 month ago
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,626
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

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Customer reply replied 1 month ago
She's currently working in Dubai
Solicitor: Thomas, Solicitor replied 1 month 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

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Customer reply replied 1 month ago
Correct. Her EEA children will be with her, if that helps?
Solicitor: Thomas, Solicitor replied 1 month ago

Hi,

Thanks.

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

Tom

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Customer reply replied 1 month ago
No
Solicitor: Thomas, Solicitor replied 1 month 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

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Customer reply replied 1 month 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 1 month 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

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Customer reply replied 1 month ago
Thank you for your help
Solicitor: Thomas, Solicitor replied 1 month ago
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