This visa is for those Turkish nationals who wish to :
Start a new Business in the UK
Come to the UK to help run a business
To be eligible for this type of visa to enter the UK you have to be able to show:
You can use your own money (you can also use funds from a third party such as a family member, as long as you have permission to use them). These funds have to be held in one place (and must be free to use). You can only apply under this visa alone without any "business partners".
This type of visa does not require for you to prove your level of English language skills or any maintenance. However, it is expected that your business will provide enough funds so you can maintain yourself and your family (if you are bringing any with you.
In addition, you will have to show that the funds you have collected has the backing of research in the relevant field. In other words, which ever business field you pick you must have done research in the relevant costs and location, this will be reflected in the amount of money for your investment. While it might seem to be an easier option than the Tier 1 visa, the fact there is on minimum requirement puts on more strain on the applicant, which in turn they may need to search for help for advice and guidance.
It is possible to switch into a Turkish Businessperson visa with any other type of point-based or non-point-based system, as long as the potential applicant is legally in the UK (and holds a valid Turkish nationality).
This type of visa has its own version of a genuineness test. It is the proof provided to the genuineness of the intention to start a new business, the clarity of the business plan, the research made and any relevant previous or current experience in that particular business.
For this you will have to show:
A successful extension To be eligible for a possible extensions after your initial 12 months of residence, you will be expected to show that:
If there are doubts about your 3 year extension the Home Office may issue you an "emergency" 12 month visa when:
For extensions in this route you will have to demonstrate to the Home Office that you are fulfilling your obligations. In other words, you have genuinely started or joined a business in the UK.
Furthermore, you will also have to show that you have invested the relevant amount of funds into your business (new or existing) and that you genuinely intend to continue in that business.
The Home Office will consider:
For a Turkish national who is in the UK under a Businessperson visa settlement requires:
Note that the Home Office may also questions (and be sceptical) of the validity of businesses that are being passed on between friends and family members. It may imply fraud for the purpose of supporting a Turkish Businessperson application.
It is also possible to use your previous leave (for example if the previous visa was a Tier 2 visa), however the most recent period must be made from a Turkish Businessperson visa.
This type of visa does not require for the applicant to complete the Life in the UK Test nor proof of English or a specific maintenance requirement. However, if the applicant has proof of their English skills it will be considered a plus by the Home Office.
Is it possible to apply with someone else
No, this visa does not give the ability to apply with a partner. You would need to apply under Tier 1 (Entrepreneur) route as business partners. Under this route you can apply alone, join an existing company or take over an existing one.
Do I have to explain where the money came from
Origin of funds should be provided to improve the process application. Especially if the money has been provided from a family member or a friend.
Where should I keep the money
You should keep your money in a regulated financial institution and be sure that you can transfer the money when you come to the UK.
How long can I stay in the UK
With a successful initial application you will be granted a visa for 12 months. After that you can apply for a 3 year extension. However, if your business is not established to the margin of what the Home Office would consider "acceptable" you would be given an "emergency" 12 month extension. During that time you are expected to improve and if necessary fix any problems you had. After that you can apply for settlement after 4 years. You can apply for British Citizenship in the 6 year.
Are there any restrictions on my visa
You cannot access public funds nor can you take any other form of employment besides the one you have now. Nor can you switch into this visa if you already operate a business as a Tier 1 (entrepreneur)
Is it possible to leave the UK during the visa period
Yes, you can spend up to 180 days per one year outside the UK. However, if you will wish to apply for British Citizenship you should consider not leaving for than 90 days per year.
Can someone else provide or support my application
Yes, it is possible to depend on money that was provided to you by a family member(s) or a friend. However, the relevant person will need to provide their contact details and confirm that the money can be invested in the proposed business in the UK.
When should I invest my funds
You should start investing when you come to the UK.
Can I operate more than one business
No, until you receive your settlement (ILR) you should continue working in your original business.
When should I consider applying for settlement and/or British citizenship
You can apply for settlement in the UK after 4 years of residence, on the condition that your business is still active and functioning. You can apply for Naturalisation (British Citizenship) after 6 years of residence and if you have not left he UK for more than 90 days per year.
Is it possible for me to bring my family with me to the UK
Yes, you can bring your spouse, civil partner and children under 18. For those dependants who live in the UK they can apply from the inside.
Where can I invest my funds
You can create, take over or join any business you wish as long it is not related to property, its development or management or you can join an existing active company.
Can I switch into this visa
Yes, you can switch into this visa as long as you are a Turkish national who is in the UK lawfully under any other immigration category (Note those who have a Tier 1 Entrepreneur visa and are running a business cannot switch into a businessperson visa) and meets the necessary requirements.
We were approached by an Australian national who was currently holding a valid Tier 2 visa however, he wished to switch into Tier 1 Entrepreneur. Before coming to us our client has already made purchases for his future café...(Read more)
Contacted us seeking advice in regards to her refusal. Our client was refused on the basis of her business plan as it did not convince the Entry Clearance Officer that she had a Genuine Intention of setting up a business in the UK...(Read more)