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How employers should prepare for and transition to the new immigration system
Ilda de Sousa
Starting a new venture in the UK requires consideration of how to establish the business and employ non-European nationals.
Whether you are setting up a new UK business, relocating your business to the UK or you are planning to set up a branch or subsidiary of a parent company, an immigration application should not cause you any undue problems. We regularly assist companies to relocate to the UK and have the necessary experience and expertise to ensure the UK start up proceeds as smoothly as possible.
To begin with, you will be required to make an application to allow a senior employee to come to the UK to set up the new UK entity. We can provide you with expert assistance advising you on the procedure, the requirements and what it takes to make the application to the relevant overseas post. We will then make the necessary representations in support of your application to ensure you are able to begin the process of relocating your business to the UK. Once the company has established a genuine trading presence we can then assist with an application for a sponsor licence to transfer migrants from your overseas company to the UK.
If you need a visa to work in the UK, then you may wish to consider either the Tier 1 Start-Up or Innovator visas.
Start-up visas can be endorsed by UK universities - usually for their own graduates, but in principle any applicant can apply to be endorsed. There are also business endorsing bodies.
The Innovator visa will allow you to apply to set up a business in the UK as long as you can show that this is innovative, viable and scaleable. As an innovator, you will first need to be endorsed by one of the recognised business endorsing bodies, which will support your application and take responsibility for ensuring your business is progressing.
If you are seeking flexibility to operate a business or businesses in the UK without the restrictions created by the Start-up and Innovator categories, and you have the resources to make the investor visa a viable option, it may be more appropriate to consider the Tier 1 (Investor) visa, which gives the most flexibility to live and work in the UK.
You may also wish to expand your business into the UK or for endorsement under the Global Talent category.
As an entrepreneur, you may need to run several businesses with multiple investment streams and it may be more appropriate to consider the Tier 1 (Investor) visa, which gives the most flexibility to live and work in the UK. As an entrepreneur, understanding the UK tax regime should be one of the most important considerations. Our private client team can provide all the tax planning for you and your business. In addition, our corporate and commercial team and employment team will be able to assist you with setting up and starting your business venture in the UK.
"Always prompt and factual" Kingsley Napley LLP provides "an excellent level of service"
Legal 500 UK
Kingsley Napley leads the immigration outfits in the UK"
Who's Who Corporate Immigration
..'The practice has gone from strength to strength.'the group is 'at the top of its game,' while clients are keen to highlight that the department is 'extremely informative and good at reporting policy changes'..."
Chambers UK, A Client's Guide to the UK Legal Profession
Interviewees agree that Kingsley Napley is home to a superb team of immigration lawyers"
Chambers UK, A Client's Guide to the UK Legal Profession
Absolutely superb”
Chambers UK, A Client's Guide to the UK Legal Profession
Top of the tree, with admirable depth and breadth”
Chambers UK, A Client's Guide to the UK Legal Profession
Genuinely ground-breaking work that requires this firm’s impressive brainpower”
Chambers UK, A Client's Guide to the UK Legal Profession
Kingsley Napley LLP has ‘enormous experience and great depth of practice"
Legal 500 UK
For more information about our immigration services please contact Nicolas Rollason or a member of the team.
sought after for its ‘excellent expertise in immigration’
Legal 500
They give their clients realistic advice - if there is no case to go to court, they will suggest another route; if there is a case, they'll fight it very hard
Chambers UK, A Client's Guide to the Legal Profession
The practice has gone from strength to strength." "the group is "at the top of its game," whilst clients are keen to highlight that the department is "extremely informative and good at reporting policy changes.
Chambers UK, A Client's Guide to the Legal Profession
Interviewees agree that Kingsley Napley is home to a superb team of immigration lawyers.
Chambers UK, A Client's Guide to the Legal Profession
Kingsley Napley LLP has ‘enormous experience and great depth of practice’
Legal 500 UK
Ilda de Sousa
Elli Graves
Katie Newbury
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