Business-related migration

 

Tier 5 business visas cover temporary sponsored workers (and their family members) who can remain in the UK for no longer than two years, depending on the category of entry.

Visit our immigration law pages to find out about other visa types.

Legal requirements

Tier 5 applications are made under the points-based system which requires applicants to gain points in certain categories in order for their application to be successful. The points required differ for each type of application but include sponsorship, age and the ability to financially support oneself for the duration of the applicants' stay in the UK.

The applicant must be sponsored by their employers. To do this, the prospective sponsor must first apply for a license from the UK Border Authority and then apply for certificates of sponsorship. The applicant must have a valid certificate to be accepted.

Once successful, the applicant is entitled to 24 months residence in the UK.

Sole Representatives

Sole Representatives of an overseas firm are not part of Tier 5 but come under the Immigration Rules. They are people who wish to come to the UK for the purpose of looking into establishing a British subsidiary of their existing company. There are certain rules that they must adhere to in order for the application to be successful:

·         The company must be a genuine existing enterprise

·         Travel must be for the company’s benefit, not the sole representative

·         The activity must be proportionate

·         The purpose must not be to relocate the company primarily to the UK

·         The sole representative must be of appropriate seniority, but not a controlling shareholder

An application under Tier 5 or as a Sole Representative can be expensive. Failure to properly complete the application can result in the application being refused by the Home Office which will mean that you need to resubmit the application with a new fee.

Using an Immigration Solicitor will mean that the form is properly completed and will reduce the chance of your application being refused by the Home Office.

If you would like to obtain legal advice on how to make an application under Tier 5 or as a Sole Representative Caven can put you in touch with a local specialist immigration solicitor free of charge. Please call us on 0808 1493 114 or complete the web-form above to speak to an advisor.

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