Innovator Visa: Since April 2019 only 14 applicants have been approved

The United Kingdom’s new innovator visa was brought to life on 29 March 2019. The Immigration Rules describe the scheme in fairly simple terms as a category “for more experienced businesspeople seeking to establish a business in the UK” who have an “an innovative, viable and scalable business idea which is supported by an endorsing body”.

The criteria and eligibility for this visa scheme has been baffling entrepreneurs all over the world who once considered the United Kingdom as a country to establish their business. The proposed three-point criteria have proven to be quite complex and difficult to obtain in practical terms.

Unfortunately, after eight months of the commencement of the scheme, the Home Office has not received a good response in terms of the number of applications. The Innovator visa has seen an overall of 14 applications in its first six months of operation. If compared to the 997 applications for its predecessor visa, Tier 1 (Entrepreneur), over the same period last year, the scheme has proven unsuccessfully in its mission to  “enhance the UK’s offer to overseas entrepreneurial talent“.

Recent figures published by the Home Office indicate that there were ten entry clearance applications for an Innovator visa between June and September 2019, in a slight improvement on the four applications recorded in April-June 2019. The only good side of that is that 12 out of those 14 applicants have been approved. Applicants who do meet the criteria for endorsement seem fairly likely to be waved through.

The issue with the scheme is that the visa category is extremely unappealing to the “clientele” it was originally designed. Far too many restrictions and lack clarity seem to place a burden on entrepreneurs to most of them are unwilling to commit. It makes the application more of a gamble than a business decision.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – UK Visas

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Sole Representative Visa: Guidelines for preparation of Business Plan

The first step towards a successful Sole Representative Visa application is building a strong and solid Business Plan. A suitable and comprehensive business plan can be the difference between a visa granted and a refusal of your case.

A foreign businessperson might have profound knowledge of the business they are conducting and wanting to bring to the United Kingdom. Though it is highly likely they do not know what precisely the Home Office is looking for when assessing a Representative of an Overseas Business visa application. For that, as part of our packages, we engage professional business plan writers who are strongly experienced in visa applications. As our client, this increases your chances of success in getting your visa and then being able to set up your business in the UK.

Our professional business plan writers have in-depth knowledge of the United Kingdom market and have been in the field for a long time. With that expertise and experience, we are able to foresee what the British government may require. For instance, our business plans cover the investment figures and how the money is going to be spent.

Providing a clear and professional business plan can also mean that, you might not need to undergo a visa interview, saving you time, money and hassle. The benefits of a quality business plan are not just from a visa application perspective: you have access to valuable information on how to run your business once it is established in the United Kingdom. It not just allows you to brainstorm possible ways of dealing with challenges, the ideal business plan will anticipate them for your benefit. Our professionals develop detailed researches that may supplement the information you already have.

As part of your Sole Representative Visa application process, the Home Office expects you to present a business plan outlining the business model, initial investment and other key aspects for the grant of the visa. It is a reassurance that your business would be successful in the United Kingdom and also benefit the local economy.

Within the executive content, the Home Office will have access from an introduction of the business to its objectives. The business plan will introduce the company’s details in regards to funding sources, location and ownership. The market analysis will be in charge of explaining to the caseworker the industry overview, market segmentation, target market strategy and other aspects. The sales and marketing strategy side of the business plan explains the marketing, advertising and sales strategies and forecast. The business plan will also explore the company’s organisational structure by laying out management team and professional qualifications. Lastly, the financial plan within the business plan will thoroughly state a break-even analysis, project profit and loss, cash flow and balance sheet for the near and long-term future.

At first sight, the sole representative visa application can often be underestimated in terms of its complexity. Nonetheless, at a closer look, the process proves to be quite challenging, as the rules do not lay down minimum requirements as to investment and companies’ size.  The main reasons applications are refused range from:

  1. Investment and market-focus in Europe rather than the United Kingdom itself;
  2. Number of employees in the parent company;
  3. Lack of leadership within the parent company if the main director is to be appointed the sole representative.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

British Nationality (Hong Kong): Registration of minors born outside the UK

Before Hong Kong return to China’s sovereignty, the UK government passed the British Nationality (Hong Kong) Act 1990, which allowed the Secretary of State to register as British citizens persons recommended to him for that purpose by the Governor of Hong Kong. The persons who obtained nationality through that Act were granted status of British citizens, while their spouses and children were granted the status of British citizens by descent.

Children born outside the United Kingdom to British citizens otherwise than by descent, are automatically entitled to British nationality by descent and can pursue a British passport without the need for any previous application for citizenship. British Nationality (Hong Kong)

Children born outside the United Kingdom to British citizens by descent might be entitled to British nationality, nevertheless are required to apply for registration to confirm their entitlement. For children born outside the UK, the first step is to consider whether the person has an entitlement under section 3(5) of the British Nationality Act 1981, which gives British citizenship otherwise than by descent. If no entitlement arises from there, the next step is to consider whether there is an entitlement under section 3(2). Finally, if no entitlement exists, consideration must be drawn to an application under section 3(1).

  1. Children born to British citizens who have resided in the United Kingdom

The requirements for a child to be entitled to registration as a British citizen under section 3(5) are:

  • They were born outside the UK;
  • At the time of the birth, they had a parent who was a British citizen by descent;
  • They are under the age of 18 when the application is made;
  • The child and both of their parents were in the UK at the beginning of the 3 year period ending with the date of the application;
  • The child and both of their parents have not been absent from the UK for more than 270 days in that 3 year period;
  • The consent of both parents is given to the application;
  • children aged 10 or over on the date of application are of good character.
  1. Children born to British citizen whose parents have resided in the United Kingdom

The requirements for a child to be entitled to registration as British citizens under section 3(2) are:

  • They were born outside the UK;
  • Either parent (the parent in question) was a British citizen by descent at the time of the child’s birth
  • The mother or father of the parent in question (the child’s grandparent) became or but for their death would have become, a British citizen otherwise than by descent either on 1 January 1983 or at the time of the parent’s birth;
  • The parent in question must have lived in the UK for a continuous period of 3 years at any time before the child’s birth;
  • The parent in question must have been in the UK at the beginning of that 3-year period;
  • The parent in question must not have been absent from the UK for more than 270 days in that 3-year period;
  • The child must also be of good character if over the age of 10.
  1. The law in relation to section 3(1)

Registration under section 3(1) is more complex and relies entirely on the Secretary of State’s discretion. The Home Secretary may exercise their discretion to register people as British citizens under section 3(1) of the British Nationality Act 1981 if:

  • the applicant is under 18 at the date of the application
  • if aged 10 years or over on the date of application the applicant is of good character see good character requirements
  • they think fit to register them

These are the only statutory requirements. It is possible to register a child under circumstances that would normally lead to the refusal of an application if this is justified in the particular circumstances of any case.

Equally, if there is good reason to do so, it is possible to refuse to register a child under circumstances that would usually lead to the grant of an application. In particular, the Home Secretary may refuse to grant a certificate where it would not be in the public interest to grant citizenship. This could be for reasons relating to their actions, behaviour, personal circumstances or associations such as family relationships.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – British Nationality (Hong Kong)

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Portuguese Residence By Investment: Secure your future via obtaining EU Residence

Portuguese Residency  Permit by Investment  grants the right to live, work and study in Portugal, with visa-free access within the Schengen zone. The program provides a wide range of investment options, including creation of at least 10 jobs via investing into business; investment of €1,000,000 or purchase of real estate within a range of €280,000 – €500,000, depending on where it was built within low GDP or low populated density areas.

In order to become a permanent resident of Portugal our clients are primarily choosing one of the qualifying investments, which is investment into property, usually our clients are investing in average €350,000 into property projects in Portugal.

Nowadays, international investors developed interest in the island of Madeira, just 900 km off the Portuguese mainland, may as well be the best venue in the country for investment residency.

Madeira features a favourable climate as well as rich history and culture and established as all-year tourist destination. The island has even better real estate prices than mainland Portugal and impressive corporate tax benefits authorised by the EU.

While the property prices in Lisbon and Algarve have gone up sharply, the Madeira real estate is generally 7% cheaper now than in 2010. Another benefit for foreign investors: Madeira processes Portuguese RIP applications faster.

Moreover, investors may mix both RIP and MIBC programmes with the Non-Habitual Resident tax scheme. This provides lucrative 10-year personal tax exemption on income generated outside of Portugal – provided that some conditions followed by investor.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – Portuguese Residence By Investment

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Tier 2 Sponsorship Licence: General Guidelines

Tier 2 Sponsorship Licence: Before recruiting talented staff from overseas, companies must be registered with the Home Office and bear a valid Tier 2 or 5 Sponsor Licence. Employers need to be fully aware that sponsor licences are followed by strict compliance obligations, which if not met, can result in a problematic scenarios. Tier 2 Sponsorship Licence

The point-based system was put in place to meet a growing need of employers to find talented professionals that are not available in the United Kingdom and European Union. In a range of sectors, such as agriculture, tech, hospitality and finance, the ability to recruit talent from outside the EEA is a necessity to meet British market demands. For that reason, a Tier 2 Sponsor Licence is a high priority for companies that are seeking to trade in key sectors of British economy.

Once a company is granted with a licence, it becomes registered with the Home Office as a sponsor and can begin to issue Certificates of Sponsorship (CoS) to NON-EU skilled staff subject to meeting the requirements.

Managing the legal side of sponsorship duties and responsibilities can be quite complex and daunting for companies.  Therefore, it is sensible to engage immigration experts who you can rely on to help manage your sponsor licence duties and responsibilities and keep you up to date with any changes to relevant regulations.

ELIGIBILITY REQUIREMENTS

A successful application for a Tier 2 licence involves evidencing the following:

  1. Your company is a legally operating business in the UK;
  2. Key personnel have been appointed, and they are of good character and dependable;
  3. Your HR systems can manage all sponsorship duties;
  4. Your business is offering employment positions suitable for Tier 2 skill requirements, which are genuine positions and meet minimum salary guidelines;

STEPS TO APPLY FOR A TIER 2 SPONSOR LICENCE

The first step when applying for a Tier 2 Sponsor Licence is to fill in the online application form, gather the required documents and send a bundle to the Home Office. It might be the case that one of the Home Office’s officials visits the company to examine its HR systems and check your business can meet its compliance requirements. We can provide mock audits of HR policies and procedures prior to the application for the licence, identifying any weaknesses and putting in place an action plan to rectify them.

REQUIRED DOCUMENTS

The required document list is extensive and depends on whether the company is a public body, start-up, franchise or SME.  Documents may include:

  1. If you are a food business, proof you are registered with and approved by a food authority;
  2. Start-ups must provide evidence of their corporate bank account;
  3. Proof you have employer’s liability insurance of at least £5 million from an authorised insurer;
  4. Proof of listing on the London Stock Exchange

WHAT HAPPENS IF THE APPLICATION IS REFUSED – Tier 2 Sponsorship Licence

In the event of an unsuccessful application for a licence, in most of the cases, there is a 6-month cooling-off where the company will not be able to apply again. It is very important that all steps and compliance are taken before the application is submitted.

There is no right of appeal against a refusal of a Tier 2 Sponsor Licence. The only option, should a company wish to challenge the decision, is via judicial review.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – Tier 2 Sponsorship Licence

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.

Sole Representative Visa: Detailed Guidelines of Visa Extension

As sole representative visa holder of an overseas business in the UK, the applicant will be granted an initial 3-year leave to enter Great Britain. With this leave comes duties that will be placed on the representative, have they wish to extend their leave for two extra years. 

During the first three years of their leave, the representative will have the duty to set up the UK branch or subsidiary of the overseas business and be required to provide evidence of ongoing business inland.

The documentary evidence must necessarily show that: 

  1. The company has generated business, principally with firms in the UK, since entry to the UK or their last extension of stay: the evidence must be in the form of accounts, copies of invoices or letters from firms who they have done business with, including indications of the value of transactions; 
  1. The company has a valid Companies House certificate of registration as a UK establishment (branch or subsidiary); 
  1. Or a certificate of incorporation (for a subsidiary) with either a copy of the share register or a letter from the company’s accountants confirming that all shares are held by the parent company 

Not only that. A successful application must also demonstrate that the representative is still involved in the business with the same responsibilities as to when the initial leave was granted.

The Home Office will ask for evidence that:  

  1. they continue as a senior employee with full authority to take operational decisions; 
  1. they are in receipt of a salary from their employer by providing evidence of the salary paid in the previous 12 months and confirmation of how that salary was paid: for example, whether basic or commission, and the number of hours paid; 
  1. the overseas business still has its headquarters and principal place of business outside the UK; 
  1. they are still needed by the employer: the employer must certify this in a letter; 
  1. they have established and are in charge of a branch or subsidiary in the same type of activity as the parent company – they must show: 

Finally, a successful applicant will need to show that they still have a valid leave under the same category and: 

  1. only intend to work for the same employer in the same job as their entry clearance was granted for; 
  1. intend to work full-time for the employer as a representative of an overseas business; 
  1. Can maintain and accommodate themselves and their dependants adequately without recourse to public funds. 

One important point to be aware of and vigilant during the applicant’s residency in the United Kingdom is the amount of time a person is allowed to spend overseas without breaking continuity of residence inland for the purpose of indefinite leave to remain applications, upon completion of 5 years under the Sole Representative Visa category. According to Immigration Rules, an applicant for indefinite leave to remain must have not been absent from the UK for more than 180 days during any 12 month period.  

If you are in the United Kingdom on a Sole Representative visa leave, contact us to book a consultation and find out the other requirements and documents necessary for your application. 

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – SOLE REPRESENTATIVE VISA

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.