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Admitting third country nationals for business purposes
National Contribution from the United Kingdom
Home Office Science
December 2014
Disclaimer: The following responses have been provided primarily for the purpose of completing a Synthesis
Report for the above-titled European Migration Network (EMN) Focused Study. The contributing EMN
National Contact Points have provided information that is, to the best of their knowledge, up-to-date,
objective and reliable within the context and confines of this study. The information may thus not provide a
complete description and may not represent the entirety of the official policy of an EMN National Contact
Point’s Member State.
2 Admitting third country nationals for business purposes
Contents
Top-line ‘factsheet’ 3
1. National frameworks for admitting third country nationals for business purposes 6
1.1 Immigrant investors: Overview of national policies 6
1.2 Immigrant investors national policies: Pre-arrival stage (admission criteria)
and stay (renewal) 9
1.3: Immigrant business owners: Overview of national policies 11
1.4: Immigrant business owners national policies: Pre-arrival stage (admission
criteria) and stay (renewal) 14
1.5: Other business persons: Overview of national policies 19
1.6: Other business persons national policies: Pre-arrival stage (admission criteria)
and stay (renewal) 22
2. Measures to prevent misuse / abuse of immigration channels for
business purposes 26
3. Evaluation of policies to admit third country nationals for business purposes,
challenges and barriers 31
3.1 Immigrant investors 31
3.2 Business owners 33
3.3 Other business people 34
3.4 Challenges and obstacles to admitting third country nationals for
business purposes 35
4. Good practices and lessons learned 37
Annex A 38
Annex B 45
3 Admitting third country nationals for business purposes
Top-line ‘factsheet’
This study gives an overview of the UK policies in relation to admission and stay of third country nationals coming to the UK for the purpose of business.
Investors
The UK makes specific provision for the admission of immigrant investors through the Tier 1 (Investor) category of entry and stay, which is defined in the UK’s Immigration Rules as being for “high net worth individuals making a substantial investment in the UK”.
An applicant seeking initial entry or stay as a Tier 1 (Investor) must have funds that are under their own control and held in a regulated financial institution amounting to no less than £2 million. Successful visa applicants can stay in the UK for a maximum of three years. They can apply for a two-year extension if they are already in this category.
There has been a steady increase in the number of applications and admissions in the Tier 1 (Investor) category. The number of applications has risen from 173 in 2009 to 604 in 2013 and the number of admissions from 110 in 2009 to 315 in 2013.
Business owners
The Tier 1 (Entrepreneur) category of entry and stay is defined in the UK’s Immigration Rules as being “for migrants who wish to establish, join or take over one or more businesses in the UK”.
There are different eligibility rules depending on whether an applicant has access to £50,000 or £200,000.
Where an applicant was previously granted permission to stay under the Tier 1 (Post-study work) category they can apply if they have access to £50,000.
Individuals can also apply with access to £50,000 when funding is being made available by a UK government department, a recognised UK seed funding competition, or a UK-regulated venture capital business. In these cases the investment fund cannot include an individual’s own money or any money from third parties.
Individuals with access to £200,000 of their own or third party funding can also apply.
The Tier 1 (Graduate entrepreneur) category of entry and stay is defined in the UK’s Immigration Rules as being for:
4 Admitting third country nationals for business purposes
UK graduates who have been identified by higher education institutions as having developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK; and
graduates who have been identified by UK Trade and Investment as elite global graduate entrepreneurs to establish one or more businesses in the UK.
There are no minimal capital requirements for applicants under the Tier 1 (Graduate entrepreneur) category.
Those granted a Tier 1 (Entrepreneur) visa may stay in the UK for three years and four months. They can apply for a two-year extension if they are already in this category.
There has been a large increase in the number of entrepreneur applications and admissions. There were 179 entrepreneur applications in 2009 compared with 2,454 in 2013. The number of admissions has risen from 125 in 2009 to 805 in 2013.
Conditions for investors and entrepreneurs
Applicants must be over the age of 16. There are no English language requirements for investors but entrepreneurs must meet the English language requirement. It is possible for individuals who have been granted Tier 1 investor or entrepreneur visas to bring their dependants, as long the main applicant can financially support the dependant while they are in the UK. As with any non-European Economic Area (EEA) migrants admitted in accordance with the Immigration Rules it is a condition of stay that Tier 1 investors and entrepreneurs and their family members do not have recourse to public funds.
Other business persons
In the UK the pre-defined six ‘Mode 4’ categories on temporary business persons covered by the EU free-trade agreements do exist but under broader categories. Business visitors for the establishment of business purposes and business sellers fall under the heading of prospective entrepreneur visitors and business visitors respectively. The UK’s Immigration Rules provide for the admission of intra-corporate transferees and graduate trainees though the Tier 2 (Intra-company transfer) category under the points-based system. The UK’s arrangements for the admission of independent professionals and contractual service suppliers are implemented through the Tier 5 (International agreement) sub-category of the UK’s points-based system.
Misuse of immigration channels for business purposes
The UK’s immigration services have not encountered significant levels of abuse of the Tier 1 (Investor) category. The UK’s immigration services have, however, encountered significant levels of abuse of the Tier 1 (Entrepreneur) category. This is not sector specific, although retail, restaurant and information technology are common sectors. It is typically connected with those who have been admitted to the UK for the purpose of study and who seek to use the route as a means of extending their stay. At the admissions stage checks are made on a Tier 1 investor or entrepreneur applicant’s immigration history, criminal record and if they genuinely have access to funds.
5 Admitting third country nationals for business purposes
Where a person admitted to the UK as a Tier 1 investor or entrepreneur was found to have breached the conditions of their leave to remain, the usual consequence would be curtailment of their permission to remain leaving them liable to removal. An individual who fails to comply with a condition attached to their leave to remain, or who is found to have obtained entry by deception, would also be liable to a re-entry ban and/or prosecution for an offence under the Immigration Act 1971.
6 Admitting third country nationals for business purposes
1. Section 1: National frameworks for admitting third country nationals for business purposes
Section 1.1: Immigrant investors: Overview of national policies (Maximum 1 page)
This section asks for information on the national institutional framework and the main policy objectives in relation to immigrant investors from third countries. It will provide a mapping of the national stakeholders involved in the design and implementation of the policies to attract such investors, and the incentives that apply.
European Migration Network (EMN) National Contact Points (NCPs) are asked to answer the following questions, at times guided by a non-exhaustive list of prompts.
Q1. How does the national legislation of your Member State define immigrant investors?
The UK makes specific provision for the admission of immigrant investors through the Tier 1 (Investor) category of entry and stay, which is defined in the UK’s Immigration Rules as being for “high net worth individuals making a substantial investment in the UK”. They must be from outside the European Economic Area (EEA) and Switzerland.
Q2a. Does your Member State have a specific policy, programme or scheme for immigrant investors?
Yes.
Q2b. If yes, please provide more information about the specific policy, programme or scheme, including a) the name of the policy / programme / scheme; b) its main policy objectives (neutral, pro-active); whether it targets c) specific investment types, e.g. real estate, transfer of capital, national funds / bonds, business investments, endowment to public projects, mixed investments, joint ventures, etc. or d) economic sectors / geographical areas / strategic partners; and whether e) a quota / limitation system is in place to govern the number of entries or permits that can be issued to migrant investors?
a) Name of policy / programme and legal basis
The Tier 1 (Investor) category. This is a category of entry and stay under the UK’s points-based system. The requirements to be met by applicants are set out in the Immigration
7 Admitting third country nationals for business purposes
Rules, which are made pursuant to the Immigration Act 1971 and which can be found at: http://www.legislation.gov.uk/ukpga/1971/77/contents
b) Main policy objectives
To provide for the entry and stay of high net worth individuals making a substantial investment in the UK
c) Type of investment (e.g. real estate, transfer of capital, national funds / bonds, business investments, endowment to public projects, mixed investments, joint ventures, etc.)
Those admitted under this category of stay are required to demonstrate that they have invested the required level of funds in UK Government bonds or in share or loan capital in active and trading companies that are registered in the UK. Most types of investments are allowed, with some exceptions: individuals with a Tier 1 (Investor) visa cannot invest in companies mainly engaged in property investment, property management or property development. Investment must be in either unit trusts or private companies (not bank accounts or offshore companies).
d) Priority national economic sectors / priority national geographical areas / countries of origin targeted / strategic partners required.
The UK’s requirements for immigrant investors make no specification as to priority sectors or regions, nor are specific countries of origin targeted.
e) Quotas in place
There is no upper limit on the number of immigrant investors that can be admitted under this route.
Q3a. What is/are the main actor(s) and institution(s) involved in the development of policies to attract immigrant investors? If multiple authorities are involved, how are they coordinated? Is there an official mandate – e.g. an Action Plan – governing the involvement of these authorities?
The Home Office has primary responsibility for the development of policies to attract immigrant investors. UK Visas and Immigration, a Directorate of the Home Office, administers the Tier 1 (Investor) category of entry and stay. Other government departments involved in the development of policies to attract immigrant investors include the Department of Business, Innovation and Skills and Her Majesty’s Treasury.
Q3b. Which actor / institution is responsible for the promotion of the policy with the target group?
The Home Office.
Q4a. Does your Member State have specific measures in place to attract immigrant investors?
Yes.
8 Admitting third country nationals for business purposes
Q4b. If yes, please complete the table below with regard to the (applicable) policy measures in place to attract immigrant investors in your Member State.
Measures Brief description of the measure in the Member State
What do these specific measures entail?
(Active promotion / information
dissemination / campaigns / events
including in third countries, etc.)
The UK makes specific provision for the admission on immigrant investors through
the Tier 1 (Investor) route.
Does a list of specific procedural
facilitations for admission exist? If yes,
please explain what they entail
(reduced costs, shortened processing
time, reduced documentary
requirements, minimum residence period
required [per year], possibility of renewal,
etc.)
Yes. Immigrant investors will be granted permission to stay for an initial period of 3
years and may be granted a further extension of stay if they invest the minimum
required level of investment (£2 million) in the UK. They may qualify for permanent
residence after this 5-year period. There are two additional procedural facilitations:
(i) the granting of permanent residence is conditional on the investor not having
been absent from the UK for more than 180 days in any 12 months for each year of
their stay, as opposed to the 90-day maximum permitted absence applied to other
categories of stay; and
(ii) investors may qualify for permanent residence on an accelerated basis if their
level of investment is higher (i.e. after 3 years if they invest £5 million and after 2
years if they invest £10 million).
Are there specific tax incentives?
(Benefits, exemptions, etc.)
No.
Does the possibility exist for immigrant
investors to be accompanied by family
members?
Are family members allowed to access
the labour market?
Yes, by partners and children under the age of 18.
Yes.
Are immigrant investors granted access
to social benefits?
No. As with any non-EEA national admitted in accordance with the Immigration
Rules, it is a condition of stay that a Tier 1 (Investor) migrant and their family
members will not have recourse to public funds within the meaning of the
Immigration Rules.
Are immigrant investors granted access
to citizenship?
Yes, but they are subject to the same qualifying requirements as any other applicant
for British citizenship.
Other (please state)
Q5a Does your Member State have any bilateral or other agreements in place with third countries to attract immigrant investors?
No. Q5b. Does your Member State share information with other Member States? Does your Member State consult other Member States on the issuing of the documents listed in Q4.b to immigrant investors?
No. The UK Government primarily consult with stakeholders in the UK.
Section 1.2: Immigrant investors national policies: Pre-arrival stage (admission criteria) and stay (renewal)
Section 1.2 aims at providing an overview of the admission criteria applied by Member States in order to admit immigrant investors from third countries to the national territory. The section also examines whether Member States require investors to submit an
9 Admitting third country nationals for business purposes
investment plan and the specific procedures in place with regard to this. Finally, this section also touches on criteria linked to the renewal / withdrawal of their residence permit / long-stay visa.
Q6a. Please indicate which of the list act as criteria to admit immigrant investors in your Member State in the table below. All listed requirements imply a Yes/No answer: in affirmative cases, EMN NCPs are asked to describe the criteria. If possible, EMN NCPs should also explain whether the same criteria apply to third country nationals admitted to the national territory under a different immigration channel (family reunification, study, etc.) but willing to change their status into immigrant investors.
Admission criteria Explanation Do the same criteria apply to third country
nationals present in your Member State who
have another status and are willing to change it
into investor?
Minimum financial amount
to invest (please indicate the
financial amounts applied to
each of the investment types
identified above in Question
2b point c)
An applicant seeking initial entry or stay
through the Tier 1 (Investor) route must
have funds that are under their own
control and held in a UK-regulated
financial institution amounting to no less
than £2 million.
Yes. There are, however, some restrictions
on which categories can ‘switch’ to investor
status. For example, a person admitted to
the UK as a visitor cannot change their
status in this way.
Investment plan
If yes, please complete the
table in Q6b
No investment plan is required. N/A
Expected impact of
proposed investment in the
Member State (economy,
public life, etc.)
No such requirement is applied. N/A
Minimum education /
professional skills
None. N/A
Language knowledge
(certification, pre-entry tests,
mandatory courses, etc.)
None. N/A
Age requirement for
applicants (minimum /
maximum)
Must be at least 16 years of age and in full
control of the investment funds.
Must be at least 16 years of age and in full
control of the investment funds.
Security / health /
background checks in place
(origin of investment, fraud
checks, previous bogus
activities, etc.)
Applicants must provide evidence of the
source of the funds and / or evidence that
they have held the funds themselves for at
least 90 days. Checks on conduct and
criminality are carried out in the same way
as for applicants in other immigration
categories.
Applicants must invest their funds via a UK-
regulated financial institution within 3
months of entering the UK. These
institutions carry out their own background
checks on the investor. Those who fail to
invest within this timeframe may have their
stay in the UK curtailed.
Applicants must provide evidence of the
source of the funds and / or evidence that
they have held the funds themselves for at
least 90 days. Checks on conduct and
criminality are carried out in the same way
as for applicants in other immigration
categories.
Other (please state)
10 Admitting third country nationals for business purposes
Q6b. In case an investment plan is required, EMN NCPs are asked to complete the table below. All listed requirements imply a Yes/No answer; in affirmative cases, EMN NCPs are asked to describe the requirements with additional information.
Investment plan requirements Explanation
Information required on legal
aspects of the investment
N/A
Information required on the
commercial and financial aspects
(nature of the investment, origin of the
capital to invest, target groups,
preliminary contracts, performance
indicators, etc.)
N/A
National institution responsible for
the assessment/ approval
N/A
Duration of examination / due
diligence phase
N/A
Documentation required (if a list
exists, please report it here)
N/A
Review period N/A
Other
Q7. If the criteria for admission are satisfied what initial document is issued? Please provide any detail on:
- type of document issued (e.g. short-stay visa, authorisation to stay, long-stay visa, residence permit, etc.)
- its duration - whether it is longer than the usual duration that applies to other categories of third
country nationals - whether its validity differs (and how) from its renewal.
The applicant is issued with a long-stay visa for three years. Under current arrangements, on admission to the UK this document will also amount to a residence permit. It can be extended for a further two years. These durations are the same as for most other economic routes of entry for third country nationals.
Q8. Where and by which institution / organisation (internal or abroad) are the documents issued? (For example, diplomatic mission in the third country; other responsible representative; intermediary agency, etc.)
The document is issued by UK Visas and Immigration entry clearance officers located at British diplomatic missions overseas.
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Q9. EMN NCPs are asked to provide information on the criteria to be met in case of extension of the document issued for the stay of immigrant investors. Please provide details of the type of document issued and its duration.
Renewal criteria Explanation
What are the requirements related to
the purpose of stay (investment) that
need to be met in order to prolong /
extend the initial authorisation of
stay / long-stay visa / residence
permit?
A person applying for an extension of stay in the Tier 1 (Investor) category must
demonstrate that they have invested £2 million in the UK, in permitted forms of
investment, and the remainder may be in other forms of investment.
An applicant using their own money to invest, must should be able to show:
how much money they have and where it is being held;
where the money came from if they have not had the money for at least 3
months (e.g. they inherited it from a relative);
that the money can be transferred to the UK and converted to sterling (if it
is not already in the UK).
An applicant using their partner’s money must provide:
a certificate of marriage or civil partnership, or in the case of unmarried or
same-sex relationships, proof that they are in a long-term (at least 2 years)
relationship;
a statement from their partner confirming that they will allow them to
control the funds in the UK;
a letter from a legal adviser stating that the declaration is valid.
The investment must have been made within 3 months of the applicant’s arrival.
The applicant must also demonstrate that they have maintained the value of the
investment, i.e. if they sell part of their investment portfolio such that it falls below
£2 million, they will be expected to purchase new qualifying investments to rectify
the shortfall.
Section 1.3: Immigrant business owners: Overview of national policies
This section asks for information on the national institutional framework and the main policy objectives in relation to immigrant business owners from third countries. It will provide a mapping of the national stakeholders involved in the design and implementation of the policies to attract business owners, and the incentives that apply.
Q9. How does the national legislation of your Member State define immigrant business owners?
The UK makes specific provision for the admission of immigrant business owners through:
the Tier 1 (Entrepreneur) category of entry and stay, which is defined in the UK’s Immigration Rules as being for ”migrants who wish to establish, join or take over one or more businesses in the UK”.
the Tier 1 (Graduate entrepreneur) category of entry and stay, which is defined in the
12 Admitting third country nationals for business purposes
UK’s Immigration Rules as being for: “(i) UK graduates who have been identified by higher education institutions as having developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK; and
(ii) graduates who have been identified by UK Trade and Investment as elite global graduate entrepreneurs to establish one or more businesses in the UK”.
Q10a. Does your Member State have a specific policy, programme or scheme for immigrant business owners?
Yes.
Q10b. If yes, please provide more information about the specific policy, programme or scheme, including a) the name of the policy / programme / scheme: b) its main policy objectives (neutral, pro-active); whether it targets c) specific type of businesses; and / or d) economic sectors / geographical areas / strategic partners; and whether e) a quota / limitation system is in place to govern the number of entries or permits that can be issued to immigrant business owners?
a) Name of policy / programme
As in answer to Q9.
b) Main policy objectives
As in answer to Q9.
c) Type of business (e.g. any specific sector, knowledge-based sector, start-up / spin-off, etc.)
The UK requirements in respect of immigrant business owners make no specification in terms of sectors. There are lower financial thresholds for applicants who have received funding from specific regulated sources, and these provisions are intended to support the establishment of start-ups.
d) Priority national economic sectors / priority national geographical areas / countries of origin targeted / strategic partners required
The UK’s requirements for immigrant investors make no specification as to priority sectors or regions, nor are specific countries of origin targeted.
e) Quotas in place
The Tier 1 (Graduate entrepreneur) category is subject to an upper limit on numbers (currently 2,000 places per year). There is no upper limit applied to the Tier 1 (Entrepreneur) category.
Q11a. What is / are the main actor(s) and institution(s) involved in the development of policies to attract immigrant business owners? If multiple authorities are involved, how
13 Admitting third country nationals for business purposes
are they coordinated? Is there an official mandate – e.g. an Action Plan – governing the involvement of these authorities?
The Home Office has primary responsibility for the development of policies to attract immigrant business owners. UK Visas and Immigration, a Directorate of the Home Office, administers the relevant categories of entry and stay. Other government departments involved in the development of policies to attract immigrant business owners include the Department of Business, Innovation and Skills and Her Majesty’s Treasury.
Q11b. Which actor / institution is responsible for the promotion of the policy with the target group?
The Home Office.
Q12a. Does your Member State have specific measures to attract immigrant business owners?
Yes.
Q12b. If yes, please complete the table below (next page) with regard to the policy measures in place to attract immigrant business owners in your Member State.
Measures Brief description of the measure in the Member State
What do these specific measures entail? (active
promotion / information dissemination /
campaigns / events including in third countries,
etc.)
UK Trade and Investment (an Executive Agency of the Department for
Business, Innovation and Skills) operates a Global Entrepreneur Programme
aimed at helping overseas entrepreneurs and early stage technology
businesses or start-ups that want to relocate their business to the UK. It also
operates the Sirius Programme (see: http://www.siriusprogramme.com/)
aimed at attracting graduate entrepreneurs to the UK and awarding places
under the Tier 1 (Graduate entrepreneur) category.
Does a list of specific procedural facilitations for
admission exist? If yes, please explain what they
entail (reduced costs, shortened processing time,
reduced documentary requirements, minimum
residence period required [per year], possibility of
renewal, etc.)
Yes. Immigrant business owners admitted under the Tier 1 (Entrepreneur)
category will be granted permission to stay for an initial period of 3 years
and may be granted a further extension of stay for 2 years if their business
meets the relevant extension criteria, which are to have registered the
business, invested funds, and created the equivalent of at least 2 full-time
jobs for resident workers in the UK. They may qualify for permanent
residence after this 5-year period.
A Tier 1 (Entrepreneur) applicant may qualify for permanent residence on an
accelerated basis if their level of investment is higher (i.e. after 3 years if they
have created 10 full-time jobs or their business has generated a total
turnover of £5 million over a 3-year period).
Do specific support measures exist? (financial /
logistic, business support to applicants to
establish a business plan, recognition of
qualifications, etc.)
A proportion (i.e. 100) of the places available under the Tier 1 (Graduate
entrepreneur) category is reserved for non-EEA nationals who are accepted
onto the Sirius Programme administered by UK Trade and Investment. The
Sirius programme provides talented graduate entrepreneurs with an
opportunity to win a place at a leading UK accelerator, obtain mentoring,
financial support, help with scaling their business, receiving investments and
gaining clients, and the possibility of a visa endorsement. Further details of
the support provided under this programme are set out at the link above.
Are there specific tax incentives? (Benefits,
exemptions, etc.)
There are no tax incentives specifically linked to admission under these
categories of entry and stay.
14 Admitting third country nationals for business purposes
Are immigrant business owners granted access
to social benefits?
No. As with any non-EEA national admitted in accordance with the
Immigration Rules, it is a condition of stay that a Tier 1 (Entrepreneur)
migrant and their family members will not have recourse to public funds
within the meaning of the Immigration Rules.
Are immigrant business owners granted access
to citizenship?
Yes, but they are subject to the same qualifying requirements as any other
applicant for British citizenship.
Does the possibility exist for immigrant
business owners to be accompanied by family
members?
Are family members allowed to access the
labour market?
Yes, by partners and children under the age of 18.
Yes.
Other (please state)
Q13a Does your Member State have any bilateral or other agreements in place with third countries to attract immigrant business owners?
No.
Q13b. Does your Member State share information and coordinate its policies with other Member States? Does your Member State consult other Member States on the issuing of the documents listed in Q15 to immigrant business owners?
No.
Section 1.4: Immigrant business owners national policies: Pre-arrival stage (admission criteria) and stay (renewal)
Section 1.4 aims at providing an overview of the admission criteria applied by Member States in order to admit immigrant business owners from third countries to the national territory. The section also examines whether Member States require business owners to submit a business plan and the specific procedures in place with regard to this. Finally, this section also touches on criteria linked to the renewal / withdrawal of their residence permit / long-stay visa.
Q14a. Please indicate the criteria to admit immigrant business owners in your Member State in the table below. All listed requirements imply a Yes/No answer; in affirmative cases, EMN NCPs are asked to describe the criteria. If possible, EMN NCPs should also explain whether the same criteria apply to third country nationals admitted to the national territory under a different immigration channel (family reunification, study, etc.) but willing to change their status into immigrant investors. If possible, EMN NCPs should also explain whether the same criteria apply to third country nationals admitted to the national territory under a different immigration channel (family reunification, study, etc.) but willing to change their status into immigrant investors.
Admission criteria Explanation Do the same criteria apply to third
country nationals present in your
Member State who have another
status and are willing to change it
into business owners?
Evidence of entrepreneurial skills
(experience in running businesses,
turnover of activities in the country
No. The reduced funding threshold where
funding is from specified sources (see below)
applies on the basis that the organisation
Yes, but there are restrictions on
the ability of those admitted on
some other basis to switch into
15 Admitting third country nationals for business purposes
of origin, etc.) providing the funding will have carried out
its own assessment of the applicant’s
entrepreneurial skills.
the Tier 1 (Entrepreneur) category.
For example, those admitted to
the UK as a student will only be
permitted to switch into the Tier 1
(Entrepreneur) category if they are
in receipt of funding from a
recognised seed funding
competition or a UK government
department. Those admitted to
the UK as a visitor cannot switch
into the Tier 1 (Graduate
entrepreneur) or Tier 1
(Entrepreneur) categories, unless
they were admitted specifically
under the ‘prospective
entrepreneur’ visit category.
Minimum level of educational
achievement / professional skills
(please specify)
Those applying for leave to enter or stay
under the Tier 1 (Graduate entrepreneur)
category must have a degree qualification,
and their application must be endorsed by a
UK higher education institution or by UK
Trade and Investment.
There are no minimum educational
requirements for those applying under the
Tier 1 (Entrepreneur) category, but the
applicant’s educational and professional
history may be taken into account in
assessing the genuineness of their intention
to establish a business.
Those applying for leave to enter
or stay under the Tier 1 (Graduate
entrepreneur) category must have
a degree qualification, and their
application must be endorsed by
a UK higher education institution
or by UK Trade and Investment.
There are no minimum educational
requirements for those applying
under the Tier 1 (Entrepreneur)
category, but the applicant’s
educational and professional
history may be taken into account
in assessing the genuineness of
their intention to establish a
business.
Evidence of capital (minimum sum
required)
There are no minimum capital requirements
for applicants under the Tier 1 (Graduate
entrepreneur) category.
Those applying under the Tier 1
(Entrepreneur) category must have access to:
(i) £200,000; or
(ii) £50,000 where this is being made
available by a UK government department; a
recognised UK seed funding competition; or
by a UK-regulated venture capital business;
or where the applicant was previously
granted permission to stay under the Tier 1
(Post-study work) category of stay.
There are no minimum capital
requirements for applicants under
the Tier 1 (Graduate entrepreneur)
category.
Those applying under the Tier 1
(Entrepreneur) category must have
access to:
(i) £200,000; or
(ii) £50,000 where this is being
made available by a UK
government department; a
recognised UK seed funding
competition; or by a UK-regulated
venture capital business; or where
the applicant was previously
granted permission to stay under
the Tier 1 (Post-study work)
category of stay.
Contribution to the economy /
employment of the Member State
(national interest, ‘jobs created’,
contribution to specific sector,
innovativeness of activity,
introduction of new technologies,
etc.)
No ‘economic need test’ is applied to initial
applications under these categories of stay
but those admitted under the Tier 1
(Entrepreneur) category will be expected to
show that they have created at least 2 full-
time jobs in order to qualify for an extension
of stay.
No ‘economic need test’ is applied
to initial applications under these
categories of stay but those
admitted under the Tier 1
(Entrepreneur) category will be
expected to show that they have
created at least 2 full-time jobs in
16 Admitting third country nationals for business purposes
order to qualify for an extension
of stay.
Business plan If a business plan is
required, please complete the table
in Q14b
The UK’s Immigration Rules make no
prescription as to the form and content of
business plans submitted in support of an
application under the Tier 1 (Entrepreneur)
category. Such applications are, however,
subject to a ‘genuineness’ test, and the
applicant’s business plan may be requested
and its credibility taken into account in
applying that test.
The UK’s Immigration Rules make
no prescription as to the form and
content of business plans
submitted in support of an
application under the Tier 1
(Entrepreneur) category. Such
applications are, however, subject
to a ‘genuineness’ test, and the
applicant’s business plan may be
requested and its credibility taken
into account in applying that test.
Language knowledge (certification,
pre-entry tests, mandatory courses,
etc.)
Applicants under the Tier 1 (Graduate
entrepreneur) and Tier 1 (Entrepreneur)
categories are expected to demonstrate a
knowledge of English equivalent to level B1
or above of the Council of Europe's
Common European Framework for Language
Learning.
Applicants under the Tier 1
(Graduate entrepreneur) and Tier
1 (Entrepreneur) categories are
expected to demonstrate a
knowledge of English equivalent
to level B1 or above of the
Council of Europe's Common
European Framework for
Language Learning.
Age requirement for applicants
(minimum / maximum)
At least 16 years. At least 16 years.
Insurance requirement (personal
and/or for the investment)
None. None.
Security / background checks in
place (fraud checks, tax avoidance,
previous bogus activities, money
origin / money laundering, etc.)
Standard background checks as per other
immigration categories.
Standard background checks as
per other immigration categories.
Q14b. In case a business plan is required, EMN NCPs are asked to complete the table below. All listed requirements imply a Yes/No answer; in affirmative cases, EMN NCPs are asked to describe the requirements with additional information:
Business plan Explanation
National institution responsible for the
approval / self-assessment
N/A
Information required on legal aspects of
the business (form of the business,
principal activity, subsidiary of existing
activity)
N/A The UK’s Immigration Rules make no prescription as to the form and
content of business plans submitted in support of an application under the Tier
1 (Entrepreneur) category. Such applications are, however, subject to a
‘genuineness’ test, and the applicant’s business plan may be requested as a part
of this test and its credibility taken into account.
Information required on the commercial
and financial aspects (type of business /
services, origin of the capital to invest,
target groups, preliminary contracts, nature
of the investment, performance indicators,
feasibility analysis, etc.)
N/A
17 Admitting third country nationals for business purposes
Duration of examination of the business
plan
N/A
Documentation required (please provide
a list of the documents required)
N/A
Review period N/A
Other
Q15. If the criteria for admission are satisfied what initial document is issued? Please provide any detail on:
- type of document issued (e.g. short-stay visa, authorisation to stay, long-stay visa, residence permit, etc.);
- its duration; - whether it is longer than the usual duration that applies to other categories of third
country nationals; - whether its validity differs (and how) from its renewal.
The applicant is issued with a long-stay visa for three years. Under current arrangements, on admission to the UK this document will also amount to a residence permit. It can be extended for a further two years. These durations are the same as most other economic routes of entry for third country nationals. Q16. Where and by which institution / organisation (internal or abroad) are the documents issued? (For example, diplomatic mission in the third country; other responsible representative; intermediary agency, etc.)
The document is issued by UK Visas and Immigration entry clearance officers located at British diplomatic missions overseas.
Q17. EMN NCPs are asked to complete the information requested in the table below in relation to registration of businesses by immigrant business owners in your Member State.
Registration of businesses by immigrant
business owners in your Member State
Explanation
National institution responsible for the
registration of the business in the Member
State
The registration of companies established in the UK is the responsibility of
Companies House, an Executive Agency of the Department of Business,
Innovation and Skills. The UK’s Immigration Rules require a person granted
entry or stay as a Tier 1 (Entrepreneur) to have been registered with
Companies House as the director of a business, or to have been registered
as self-employed with Her Majesty’s Revenue and Customs within six months
of their entry to the UK, or the date on which they were first granted leave
to remain as a Tier 1 (Entrepreneur).
Type of business (main business, subsidiary
or branch. Please explain whether it is a
transparent or non-transparent entity for tax
reasons, i.e. determining if the business
owner registers himself/herself as an
individual or as a legal entity).
There is no restriction on the type of business, but the entrepreneur must be
registered as stated above.
18 Admitting third country nationals for business purposes
Place of registration of business (in the
Member State or in the country of origin / a
third country. Is it mandatory for a third
country national to be present in a country
when registering a business or can this be
done outside (using an agent / third party)?
The registration scheme operated by Companies House applies to all UK
businesses, not just those owned by non-EEA nationals. While there are
specific arrangements for overseas companies establishing a branch in the
UK, these would not normally apply in the case of a Tier 1 (Entrepreneur)
migrant, who would normally be establishing a new business, or taking over
an existing one, in the UK.
Main requirements for registration of
business (capital, employees. Please state
whether the requirements are different from
those applied to EU nationals)
The requirements for the registration of a new company are set out at:
http://www.companieshouse.gov.uk/infoAndGuide/companyRegistration.shtml
Does your Member State impose
restrictions to admit immigrant business
owners based on the type of business, the
specific sector or their country of origin?
No.
Other (health, etc.)
Q18. EMN NCPs are asked to provide information on the criteria to be met in case of extension of the document issued for the stay of immigrant business owners. Please provide details of the type of document issued and its duration.
Renewal criteria Explanation
What are the requirements related to
the purpose of stay (business) that need
to be met in order to prolong / extend
the initial authorisation of stay / long-
stay visa / residence permit?
In order to qualify for an extension of stay as a Tier 1 (Entrepreneur) migrant,
the applicant will need to demonstrate that:
they have registered as self-employed or as the director of a
business in the UK;
they have invested £200,000 (or £50,000 if they qualified for
their initial grant of leave on the basis of that level of funding)
in one or more businesses in the UK;
their business has created the equivalent of two new full-time
jobs for persons permanently resident in the UK.
Is there a requirement that a business is
active during the extension of permits?
If so, what indicators are used to assess
this? (Volumes of turnover, amount of paid
taxes, staff employed, compliance of
immigrant investors and their investment,
etc.)
Who assesses this information?
Yes. In addition to the above, the UK’s Immigration Rules require a person
granted entry or stay as a Tier 1 (Entrepreneur) to have been registered with
Companies House as the director of a business, or to have been registered
as self-employed with Her Majesty’s Revenue and Customs within six months
of their entry to the UK, or the date on which they were first granted leave
to remain as a Tier 1 (Entrepreneur). They must also be so registered within
the three months before they apply for an extension. The jobs they have
created (see above) must have existed for at least 12 months during their
grant of leave to remain.
Subject to the above requirements, there is no requirement that a person
present as a Tier 1 (Entrepreneur) migrant be continuously economically
active as an entrepreneur for the duration of their leave.
Information submitted in support of an application for an extension of stay
as a Tier 1 (Entrepreneur) migrant will be assessed by UK Visas and
Immigration caseworkers.
Are there time-related requirements
during which a business needs to have
been started up, taxes paid and staff
employed in order to get the validity of
the document extended?
As above.
19 Admitting third country nationals for business purposes
Section 1.5: Other business persons: Overview of national policies
This section examines the conditions for the admission of other third country nationals who travel to the EU for business reasons (‘other business persons’). These categories include (but are not limited to) the temporary admission of third country nationals under international trade agreements (i.e. the pre-defined six ‘Mode 4’ categories tackled by the EU free-trade agreements listed in Annex 2). Other business persons may be admitted either on a short-stay visa or long-stay visa.
Q19. How are the following categories (listed in Annex 2) defined under the national legislation of your Member State?
Categories of other immigrant
business persons
Definitions
Business visitors for establishment
purposes (BVEP)
See below.
Intra-corporate transferees (ICT)1 See below.
Business sellers (BS) See below.
Independent professionals (IP) See below.
Contractual services suppliers (CSS) See below.
Graduate trainees (GT) See below.
Other (please describe)
Q20. Does your Member State have a specific policy (programme, scheme) for other business persons as defined by the study template? EMN NCPs are asked to complete only the sections that are relevant to their national context.
Categories of
other
immigrant
business
persons
Is there a specific policy for these categories of
other business persons?
Is it based on tailored multilateral / bilateral
trade agreements with third countries?
Name of policy /
programme
What are its main policy
objectives (include
information on priority
national economic sectors
/ geographical areas /
countries of origin if
relevant)
Are there
any quotas
in place?
Business
visitors for
establishment
purposes
(BVEP)
Non-EEA nationals seeking entry to the UK
for purposes connected with the
establishment of a business may be
admitted under the UK’s arrangements for
prospective entrepreneurs if they are
applying to secure funding from one of the
specified funding sources in the Tier 1
Prospective
entrepreneur.
There are no sector-
or region-specific
objectives in relation
to these categories of
stay.
No.
1 For intra-corporate transferees, please indicate where the scope of current legislation (and the definition used therein) differs
from Directive 2014/66/EU on intra-corporate transferees.
20 Admitting third country nationals for business purposes
(Entrepreneur) route (listed seed
competitions, UK government departments
and UK-regulated venture capital firms).
Non-EEA nationals seeking entry to the UK
specifically for the purpose of establishing a
UK branch or subsidiary of an overseas
business may qualify for entry under the
separate ‘Representative of an Overseas
Business’ category.
These categories are not specifically
modelled on commitments under relevant
trade agreements.
Representative
of an
overseas
business.
Intra-
corporate
transferees
(ICT)
The UK’s Immigration Rules provide for the
admission of intra-corporate transferees
through the Tier 2 (Intra-company transfer)
category under the UK’s points-based
system.
This category is not specifically modelled on
commitments under relevant trade
agreements but has the effect of
implementing those commitments.
Tier 2 (Intra-
company
transfer).
There are no sector-
or region-specific
objectives in relation
to this category of
stay.
No.
Business
sellers (BS)
Non-EEA nationals seeking entry to the UK
for purposes of selling goods and services
may be admitted under the UK’s
arrangements for business visitors provided
that the activities they will be engaged in
are consistent with the permitted activities
of business visitors (see
https://www.gov.uk/business-visitor-
visa/eligibility) and that their stay will not
exceed 6 months.
Business
visitor.
There are no sector-
or region-specific
objectives in relation
to this category of
stay.
No.
Independent
professionals
(IP)
The UK’s arrangements for the admission of
independent professionals are currently
restricted to implementing its commitments
under the EU-CARIFORUM2 Economic
Partnership Agreement (EPA). These
commitments are implemented though the
Tier 5 (International agreement) sub-
category of the UK’s points-based system.
Tier 5
(International
agreement).
Provision is restricted
to the sectoral
coverage of the UK’s
scheduled
commitments in the
EU-CARIFORUM EPA.
No.
Contractual
services
suppliers
(CSS)
The UK’s arrangements for the admission of
contractual service suppliers are currently
restricted to implementing its commitments
under the General Agreement on Trade in
Services (GATS) and other bilateral free-
trade agreements currently in force. These
commitments are implemented though the
Tier 5 (International agreement) sub-
category of the UK’s points-based system.
Tier 5
(International
agreement).
Provision is restricted
to the sectoral
coverage of the UK’s
scheduled
commitments in the
relevant agreements.
No.
2 The CARIFORUM is a regional organisation of 15 independent countries in the Caribbean region (Antigua and Barbuda,
Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, Saint Vincent and the Grenadines, Saint Christopher and Nevis, Surinam, and Trinidad and Tobago). The agreement aims to promote the gradual integration of the CARIFORUM states into the world economy, in accordance with their political choices and development priorities.
21 Admitting third country nationals for business purposes
Graduate
trainees (GT)
The UK’s Immigration Rules provide for the
admission of graduate trainees in the
context of an intra-corporate transfer
through the Tier 2 (Intra-company transfer)
category under the UK’s points-based
system.
This category is not specifically modelled on
commitments under relevant trade
agreements but has the effect of
implementing the UK’s commitments in
respect of graduate trainees under the GATS
and bilateral free-trade agreements.
Tier 2 (Intra-
company
transfer).
There are no sector-
or region-specific
objectives in relation
to this category of
stay.
No.
Other (please
describe)
Q21. Considering the specific policy (programme, scheme) in the previous question, what are the actor(s) and institution(s) involved in the development and implementation of policies on other business persons? If multiple authorities are involved, how are they coordinated? Is there an official mandate – e.g. an Action Plan – governing the involvement of these authorities? Which actor / institution is responsible for the promotion of such policy abroad?
Categories of
other
immigrant
business
persons
Actors / institutions involved in
the development of these policies
Actors /
institutions
involved in the
implementatio
n of these
policies
If multiple
authorities are
involved, how
do they
coordinate?
Is there an
official
mandate
governing
their roles?
Actors / institutions
responsible for the
promotion of such
policy abroad
Business
visitors for
establishment
purposes
(BVEP)
The Home Office is the lead
department responsible for the
development of policies in
relation to the admission of
non-EEA nationals. Policies on
the admission of non-EEA
nationals for economic
purposes are developed in
consultation with other
government departments, in
particular the Department for
Business, Innovation and Skills
(BIS) and Her Majesty’s
Treasury (HMT) through the
Home Affairs Committee.
Major reviews are likely to
involve consultation with
external stakeholders including
the Confederation of British
Industry.
The Home
Office.
UK Trade and
Investment, an
Executive Agency
of the Department
of Business
Innovation and
Skills, promotes
trade and
investment with
the UK and, in
doing so, promotes
awareness of
relevant
immigration
arrangements.
Intra-
corporate
transferees
(ICT)
As above.
Business
sellers (BS)
As above.
22 Admitting third country nationals for business purposes
Independent
professionals
(IP)
The European Commission is
the lead actor in the
negotiation of the ‘Mode 4’
content of trade agreements to
which the UK is party. The
Department of Business,
Innovation and Skills is
responsible for representing
the UK’s position in such
negotiations, but consults with
the Home Office on Mode 4
issues.
The Home
Office.
Contractual
services
suppliers
(CSS)
As for business visitors, etc.
Graduate
trainees (GT)
As for business visitors, etc.
Other (please
describe)
Section 1.6: Other business persons national policies: Pre-arrival stage (admission criteria) and stay (renewal)
Section 1.6 aims at providing an overview of the admission criteria applied by Member States in order to admit sub-categories within other business persons from third countries to the national territory.
Q22. What are the criteria for the admission of other business persons to your Member State? Please answer by completing the table below entering in the last column useful information on any pre-entry assessment that may be required (labour market test, proof of minimum period of employment, evidence of commitment to return after the temporary stay, minimum education / professional skills, language knowledge, qualifications / certifications, entry quotas, age requirement, insurance requirement, etc.).
Categories of other business persons
Are these categories admitted / endorsed in your systems (under a different name)? (Yes / No)
If yes, under which name are they registered in your systems?
What is the maximum duration of their stay?
What kind of document is issued when admitting other business persons?
Is there a (exhaustive) list of admission criteria? If yes, please indicate the criteria.
Business
visitors for
establishment
purposes
(BVEP)
Yes. Prospective
entrepreneu
r.
6 months. A visa if the visitor
is a national of a
country subject to
a mandatory visa
requirement. Leave
to enter is
See:
https://www.gov.uk/pros
pective-entrepreneur
23 Admitting third country nationals for business purposes
otherwise granted
at the port of
entry.
Intra-corporate
transferees
(ICT)
Yes. Tier 2 (Intra-
company
transfer)
5 years in the
long-term ICT
category (and
up to 9 years if
the worker is
paid over
£153,500).
12 months in
the short-term
ICT category.
6 months in the
‘skills transfer’
ICT category
Users of the
route will
generally be
required to
spend a period
of at least 12
months outside
the UK between
separate stays
as an in-
company
transferee.
Periods of stay
in the UK as an
intra-company
transferee do
not confer an
entitlement to
permanent
residence.
A visa. In the case
of long-term
transfers this will
confer entry and
stay for a period of
up to 5 years.
Extensions of stay
up to the
maximum period
permitted may be
granted if the
requirements of
the category
continue to be
met.
Key criteria are that:
the worker is
sponsored by a UK
entity that is licensed
as a sponsor by UK
Visas and
Immigration;
the worker’s
employment meets
the required skill level
(graduate level
employment);
the worker will be
paid the appropriate
rate for the job, and
the remuneration
meets the minimum
threshold (£41,000
for the long-term
category and £24,500
for the short-term
category);
the worker has been
employed by the
sending entity for a
minimum of 12
months prior to the
date of application
(except in the case of
applications in the
‘skills transfer’ or
‘graduate trainee’
categories).
Business sellers
(BS)
As for
business
visitors for
establishment
purposes.
Independent
professionals
(IP)
Yes. Tier 5
(Internationa
l
agreement).
Up to 6 months
in any 12
months.
A visa. Key criteria are:
the worker is
sponsored by a UK
entity that is licensed
as a sponsor by UK
Visas and Immigration
(the UK entity will, in
such cases, be the
client of the service
provider);
the worker is coming
to provide services to
the sponsoring entity
under a contract;
the worker meets the
skills requirements
out in the UK’s
24 Admitting third country nationals for business purposes
relevant Mode 4
commitments (which,
in this case are
confined to the EU-
CARIFORUM
agreement);
the worker is a
national of, and
established in, the
territory of a party to
the relevant
agreement, and the
service being
provided is covered
by the UK’s sectoral
commitments under
that agreement.
Contractual
services
suppliers (CSS)
Yes. Tier 5
(Internationa
l
agreement).
6 months in
any 12-month
period.
A visa. As for independent
professionals, except
that the worker will be
an employee of the
sending entity, and must
have been employed by
that entity for at least 12
months prior to the date
of the posting.
The work must meet the
skills thresholds and be
covered by the UK’s
scheduled commitments
in a relevant agreement,
including the GATS and
similar bilateral
agreements that are
currently in force.
Graduate
trainees (GT)
Yes. Tier 2 (Intra-
company
transfer).
12 months. A visa. Key criteria are that:
the worker is
sponsored by a UK
entity that is licensed
as a sponsor by UK
Visas and
Immigration;
the worker’s
employment meets
the required skill
level, and the work
the migrant is coming
to do is part of a
structured graduate
training programme,
with clearly defined
progression towards a
managerial or
specialist role within
the organisation;
a maximum of 5
trainees per sponsor
per year may be
admitted in this
25 Admitting third country nationals for business purposes
category;
the worker will be
paid the appropriate
rate for the job, and
the remuneration
meets the minimum
threshold (£24,500);
the worker has been
employed by the
sending entity for a
minimum of 3 months
prior to the date of
application.
Other (please
describe)
Q23. EMN NCPs are asked to provide information on the criteria to be met in case of extension of the document issued for the stay of other business persons. Please provide details of the type of document issued and its duration.
Categories of other
immigrant business persons
What are the requirements related to the purpose of stay (business) that need to be met in order to
prolong / extend the initial documents issued?
Business visitors for
establishment purposes
(BVEP)
As for initial entry requirements. Maximum stay cannot exceed 6 months.
Intra-corporate transferees
(ICT)
As for initial entry requirements. Maximum stay cannot exceed 5 years, except where worker
is paid at least £153,500.
Business sellers (BS) As for initial entry requirements. Maximum stay cannot exceed 6 months.
Independent professionals
(IP)
As for initial entry requirements. Maximum stay cannot exceed 6 months in any 12-month
period.
Contractual services suppliers
(CSS)
As for initial entry requirements. Maximum stay cannot exceed 6 months in any 12-month
period.
Graduate trainees (GT) As for initial entry requirements. Maximum stay cannot exceed 12 months.
requirements
26 Admitting third country nationals for business purposes
2. Measures to prevent misuse / abuse of immigration channels for business purposes
This section aims to provide an overview of the measures carried out by Member States for monitoring, detecting and preventing misuse of the migration channels in place for immigrant investors, immigrant business owners and other business persons and to explore and map the specific mechanisms in place.
Q24. Please provide the following information with respect to the prevention and detection of misuse and abuse of immigration channels for immigrant investors, business owners and other business persons at admission stage and during stay. EMN NCPs are first asked to provide the definitions of misuse and abuse according to their national legislation and to identify differences where possible.
Issue Immigrant investors Immigrant
business
owners
Other
immigrant
business
persons
Does your national legislation
provide for a definition of
misuse and / or abuse?
If yes, do they differ? Please
describe
If no, how are they defined in
practice?
The Immigration Act 1971:
establishes that those admitted to the UK for a particular
purpose may have conditions attached to their stay
(which may include restrictions on taking employment);
defines offences connected with illegal entry, facilitating
illegal entry, failing to observe a condition attached to
stay and obtaining leave to enter or stay by deception.
In addition, any person applying for leave to remain in the UK is
subject to general provisions aimed at countering abuse and
ensuring that those granted entry and stay comply with the
conditions of their stay. These are set out in Part 9 of the
Immigration Rules34
and include provision for applications to be
refused where:
a person has made false representations in connection with
their application;
they have previously overstayed;
they have previously failed to comply with a condition
attached to their leave.
As immigrant
Investors.
As immigrant
Investors.
3 See: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/302674/20140410_Immigration_Rules_-_Part_9_MASTER.pdf
27 Admitting third country nationals for business purposes
What are the specific
measures in place in your
Member States to monitor,
detect and prevent misuse /
abuse at admission stage? (In
addition to the criteria to be
satisfied as reported under
Section 1.2)
In addition to checks on the applicant’s previous immigration
history and criminal record, Tier 1 (Investor) applications are
subject to checks to establish that they genuinely have access
to the required funds. At the extension stage, additional checks
are made to establish that the applicant has invested the funds
in the manner required by the Immigration Rules.
In addition to
checks on the
applicant’s
previous
immigration
history and
criminal record,
Tier 1
(Entrepreneur)
applications
are subject to
checks to
establish that
they genuinely
have access to
the required
funds, and that
they have a
genuine
intention of
engaging in
entrepreneurial
activity. At the
extension
stage,
additional
checks are
made to
establish that
the applicant
has invested
the funds in
the manner
required by the
Immigration
Rules.
Sponsors must
apply to UK
Visas and
Immigration for
an allocation of
certificates to
sponsor
migrants, and
must justify the
number of
certificates
requested.
What are the entities
responsible for the
monitoring of compliance of
immigrant business owners
and immigrant investors and
what are their specific
responsibilities? (Labour
inspectorate, labour exchange
office, tax authorities, ministry
of interior, migration services)
Does a national referral
mechanism (or its
equivalent) exist? (Yes / No)
If yes, how is information
shared between stakeholders
involved?
Is there an obligation to
inform about misuse / abuse
identified by other
institutions (migration
services, police, tax authority,
etc.)
Checks on Tier 1 (Investor) migrants are the responsibility of the
UK’s immigration services (UK Visas and Immigration, the Border
Force, and Immigration Enforcement). There are currently no
formal protocols under which other stakeholders (e.g. financial
institutions) are required to notify the immigration services of
suspected abuse.
Checks on Tier 1
(Entrepreneur)
migrants are the
responsibility of
the UK’s
immigration
services (UK
Visas and
Immigration,
the Border
Force, and
Immigration
Enforcement).
There no formal
protocols under
which other
stakeholders
(e.g. financial
institutions) are
required to
notify the
immigration
services of
suspected
abuse, although
In addition to
the
information
aside,
sponsors are
required to
comply with
monitoring
and reporting
duties in
respect of the
migrants they
are
sponsoring.
UK Visas and
Immigration
conducts
checks
(largely on a
risk-assessed
basis) on
licensed
sponsors of
Tier 2 and Tier
5 migrants to
28 Admitting third country nationals for business purposes
the UK’s
immigration
services does
work with other
agencies such as
Her Majesty’s
Revenue and
Customs and
the police to
investigate
suspected abuse
of this route.
check that
they are
complying
with their
sponsorship
obligations.
What is the frequency of
control? Identify whether
labour is available.
On individual applications on a risk-assessed basis. On a risk-
assessed basis.
On a risk-
assessed basis.
What are the main sectors
where misuse / abuse
occurs? (Real estate, transfer
of capital, national funds /
bonds, business investments,
etc.)
Please list the top three
The UK’s immigration services have not encountered significant
levels of abuse of the Tier 1 (Investor) category
The UK’s
immigration
services have
encountered
significant levels
of abuse the
Tier 1
(Entrepreneur)
category. This is
not sector
specific,
although retail,
restaurant, and
information
technology are
common
sectors. It is,
however,
typically
connected with
those who have
been admitted
to the UK for the
purpose of
study and who
seek to use the
route as a
means of
extending their
stay. Checks
against the tax
records of those
who have been
granted leave as
entrepreneurs
suggest that few
have gone on to
engage in
genuine
entrepreneurial
activity, and that
a significant
proportion have
taken
employment in
breach of their
The UK’s
immigration
services have
not detected
significant
levels of
abuse of its
business
visitor and
intra-
company
arrangements,
although it is
suspected
that there
exists some
degree of
inappropriate
use of the
intra-
company
transfer route
by employers
(particularly in
the
information
technology
sector) using
it to transfer
workers from
their overseas
operations to
undertake
work for
which
resident
labour is
available.
29 Admitting third country nationals for business purposes
conditions,
typically at low
skill levels.
Abuse of the
route typically
takes the form
of applications
that are based
on bogus
sources of
funding; and,
where
applicants
succeed in
securing an
extension of
stay on this
basis, working in
breach of
conditions
attached to a
Tier 1
(Entrepreneur)’s
stay.
If misuse / abuse is detected,
what are the penalties
imposed on the third
country national concerned?
(Withdrawal of long-stay visa /
residence permit, loss of any
other related right / benefit,
loss of the certificate of
establishment, legal
proceedings, fines, removal
order, confiscation of activities
/ revenues, etc.)
Where a person admitted to the UK as a Tier 1 (Investor)
migrant was found to have breached the conditions of their
leave (e.g. by claiming public funds) or to no longer meet the
requirements of the Immigration Rules under which they were
admitted (e.g. by failing to invest), the usual consequence
would be the curtailment of their permission to remain, leaving
them liable to removal.
A Tier 1 (Investor) migrant who fails to comply with a condition
attached to their leave, or is found to have obtained entry by
deception, would also be liable to a re-entry ban and / or
prosecution for an offence under the Immigration Act 1971.
As for
immigrant
investors.
It is a condition
of a Tier 1
(Entrepreneur)
migrant that
they may only
work for the
business or
businesses they
have taken over
or established.
As for
immigrant
investors. In
addition, a
migrant
admitted on
the basis of
sponsorship
may become
liable to
curtailment of
stay and
removal if
their
employer’s
licence is
withdrawn for
failure to
comply with
sponsorship
obligations.
What other circumstances
might result in the
withdrawal / non-renewal of
a long-stay visa / residence
permit?
Q25a. Is there any evidence of the effectiveness of the measures used in your Member State to monitor, detect and prevent misuse / abuse and the problems / challenges faced (lack of instruments, lack of cross-analysis, access to data, etc.)?
None published.
30 Admitting third country nationals for business purposes
Q25b. If yes, please indicate to which immigrant business persons the evidence refers to (investors, business owners, other business people) and please summarise the main findings here and include a reference to the source in an annex to your national report.
31 Admitting third country nationals for business purposes
3. Evaluation of policies to admit third country nationals for business purposes, challenges and barriers
This section aims to explore the impact of policies to admit immigrant investors (Section 3.1), business owners (Section 3.2) and other business people (Section 3.3) on the economy / society of the Member States. In particular, the questions below aim to understand to what extent such policies (programmes or schemes) have been evaluated and what are the results achieved.
Section 3.1: Immigrant investors
Q26a. Have any evaluations or studies in your Member State considered the effectiveness of national policies to attract immigrant investors?
Yes.
Q26b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide also any other evidence / indicator that may be available in your Member State in this regard (media reporting, media debates, assessment by experts, etc.).
The Migration Advisory Committee (MAC), an independent, non-departmental, advisory body sponsored by the Home Office, published a report on the Tier 1 (Investor) category in February 2014, see: https://www.gov.uk/government/publications/the-investment-limits-and-economic-benefits-
of-the-tier-1-investor-route-feb-2014
The report found that the economic benefits of the route were unclear (although there are likely to be some). It reported that direct investment itself is not of great benefit to the UK but found the benefits of the route appear to lie in the indirect consumption by the investor, and associated taxation, predominantly value added tax.
The report recommended some reforms to deliver clearer economic benefit to the UK. These include:
raising the investment threshold; encouraging alternative investments; auctioning some slots; and altering the residency requirements.
32 Admitting third country nationals for business purposes
In particular, the previous £1 million investment threshold was too low – it had not been raised since 1994.The MAC recommended raising it in line with earnings growth since 1994, yielding a threshold of £2 million and also alternative investments should be considered. These include infrastructure bonds and venture capital.
The UK Government implemented some changes to the route on 6 November 2014, including doubling the investment threshold to £2 million. It intends to consult further in due course on:
what sort of investment the route should encourage in order to deliver real economic benefits; and
other improvements to the route.
Q27a. Have any evaluations or studies in your Member State considered the effectiveness of the national policies to attract immigrant investors to the growth of the national economy and / or in competing with other larger economies, and have specific indicators been developed?
Yes.
Q27b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide any other evidence / indicator that may be available in your Member State in this regard (media reporting, media debates, assessment by experts, etc.).
The above report concluded that “the UK offer is sufficiently attractive vis-à-vis other countries, including those who offer citizenship at relatively low cost”.
Q28a. Have any evaluations or studies in your Member State considered the impact of the national policies to attract immigrant investors on other social issues (employment, access to housing, discrimination, etc.) and have specific indicators been developed?
Yes.
Q28b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide any other evidence / indicator that may be available in your Member State in this regard (media reporting, media debates, assessment by experts, etc.).
Again the above report, which found that Tier 1 (Investor) migrants in particular do not add to the demand on the NHS because they make use of private health care services. As for other services the report found that “the presence of Tier 1 investors in the UK will increase demand on other public services, such as transport and policing. However, we are not able to estimate the degree to which such services are used, though inevitably given the number of Tier 1 (Investor) migrants and their dependants the impact is likely to be small.”
33 Admitting third country nationals for business purposes
Q29. What evidence exists (policy documents, political discourses, media coverage, non-governmental organisations (NGO) campaigns, case law examples, etc.) that immigrant investors are perceived as abusing national migration rules in your Member State?
The UK’s immigration services have not encountered significant levels of abuse of the Tier 1 (Investor) category.
Section 3.2: Business owners
Q30a. Have any evaluations or studies in your Member State considered the effectiveness of national policies to attract immigrant business owners?
No.
Q30b If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide also any other evidence / indicator that may be available in your Member State and provide any examples of good practice in this regard.
Q31a. Have any evaluations or studies in your Member State considered the effectiveness of the national policies to attract immigrant business owners to the growth of the national economy, and / or in competing with other larger economies, and have specific indicators been developed?
For this question please consider also the contribution of immigrant business owners who are already present on the territory of your Member State.
No.
Q31b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide any other evidence / indicator that may be available in your Member State and provide any examples of good practice in this regard.
Q32a. Have any evaluations or studies in your Member State considered the impact of the national policies to attract immigrant business owners on other social issues (employment, social security, discrimination, etc.) and have specific indicators been developed?
No.
Q32b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
34 Admitting third country nationals for business purposes
If no, please provide any other evidence / indicator that may be available in your Member State in this regard (media reporting, media debates, assessment by experts, etc.).
Q33. What evidence exists (policy documents, political discourses, media coverage, NGO campaigns, case law examples, etc.) that immigrant business owners are perceived as abusing national migration rules in your Member State?
As described above, the UK’s immigration services have encountered significant levels of abuse of the Tier 1 (Entrepreneur) category. This is typically connected with those who have been admitted to the UK for the purpose of study and who seek to use the route as a means of extending their stay. Checks against the tax records of those who have been granted leave as entrepreneurs suggest that few have gone on to engage in genuine entrepreneurial activity, and that a significant proportion have taken employment in breach of their conditions, typically at low skill levels. In July 2014 the Government announced additional restrictions on switching from Tier 1 (Post-study work) and Tier 4 to Tier 1 (Entrepreneur) visas and these were implemented as a result of the abuse.
Section 3.3: Other business persons
Q34a. Have any evaluations or studies in your Member State considered the effectiveness of national policies to attract other immigrant business persons?
No.
Q34b If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide any other evidence / indicator that may be available in your Member State and provide any examples of good practice in this regard.
Q35a. Have any evaluations or studies in your Member State considered the effectiveness of the national policies to attract other immigrant business persons to the growth of the national economy, and / or in competing with other larger economies, and have specific indicators been developed?
No.
Q35b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.
If no, please provide any other evidence / indicator that may be available in your Member State and provide any examples of good practice in this regard.
Q36. Does any evidence exist on the impact of other immigrant business persons on increased volume of trade, increased mobility, increased visibility, etc. for your Member State? European Migration Network (EMN) National Contact Points (NCPs) are asked to corroborate information provided with any available data or source.
No.
35 Admitting third country nationals for business purposes
Q37. What evidence exists (policy documents, political discourses, media coverage, NGO campaigns, case law examples, etc.) that other immigrant business persons are perceived as abusing national migration rules in your Member State?
The UK’s immigration services have not detected significant levels of abuse of its business visitor and intra-company arrangements.
Section 3.4: Challenges and obstacles to admitting third country nationals for business purposes
This section examines the existing challenges and obstacles for the design and implementation of specific policies aiming to attract immigrant investors, immigrant business owners and other immigrant business persons, and those challenges and barriers reported by the business community. EMN NCPs are asked to address any obstacle to their admission (eligibility criteria, investment plan, business plan, obtaining visa, etc.) or to other macro-level areas such as visa policy, education, trade, etc.).
EMN NCPs are asked to present the findings and analysis of any existing studies / evaluations or evidence collected in any other way and to provide any available statistics in the corresponding tables in Annex 1.
Q38. What are the main challenges related to the admission of immigrant investors, immigrant business owners and other immigrant business persons in your Member State?
Categories of
immigrant
business persons
Challenges for national stakeholders associated with the
design and implementation of policies for immigrant
business persons.
If possible studies should be included (sourced as
appropriate).
Challenges for applicant at both admission (pre-
arrival) and stay stages (e.g. documentation required,
waiting times, restrictions, etc.)
If possible, the views of the business community, of the
immigrant community and studies should be included
(sourced as appropriate).
Immigrant
investors
How to maximise the benefit of the route to the UK
economy, considering:
forms of investment;
benefit to UK companies;
tax revenue;
pressure on the UK housing market;
residency requirements and expenditure by investors while they are in the UK.
The UK has had representations that applicants
would like greater choice of forms of investment,
and greater allowed absences from the UK.
Immigrant
business
owners
Establishing that applicants have a genuine business
and applications are not fraudulent.
Applicants may be interviewed face-to-face if
there are concerns their business activity is not
genuine.
Business visitors
for
establishment
purposes (BVEP)
Intra-corporate
transferees (ICT)
Ensuring transferees are not displacing resident
workers.
36 Admitting third country nationals for business purposes
Business sellers
(BS)
Independent
professionals
(IP)
Contractual
services
suppliers (CSS)
Graduate
trainees (GT)
Other (please
describe)
7
37 Admitting third country nationals for business purposes
4. Good practices and lessons learned
This Synthesis Report will highlight any good practices of Member States that have successfully attracted and facilitated the arrival of immigrant investors, immigrant business owners and other business persons. This section will also tackle the extent to which these practices have favoured the (positive) contribution of third country nationals to the national economy, their likelihood to be promoted and replicated in other Member States, and also the extent to which they have created monitoring mechanisms to detect misuse / abuse of these migration channels.
This section will include also lessons learned from the practical implementation of specific policies, programmes or schemes for the targeted categories of third country national. Lessons learned may also address assessments of the expected and / or unintended (positive and negative) consequences of specific policies, programmes or scheme. (For example, a so-called investor programme has facilitated the admission of wealthy third country nationals to boost the national economy in the real-estate sector. However, as consequence, although third country nationals have invested their money many properties remain empty due to inflated market rates.)
If there are specific examples of good practices that you would like to highlight, please do so below.
No specific examples.
38 Admitting third country nationals for business purposes
Annex 1 Statistics on migrant investor and business owners
Statistics from Member States will be used in the Synthesis Report to contextualise the statistics provided in this annex.
Source : https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables
Table 1 below shows that there has been a steady increase in the number of applications and admissions in the Tier 1 (Investor) category. The number of applications has risen from 173 in 2009 to 604 in 2013 and the number of admissions from 110 in 2009 to 315 in 2013. The proportion of visa refusals has decreased from 11 per cent in 2009 to 5 per cent in 2013. The Migration Advisory Committee (MAC) report suggests that the increases in applications could have been for a number of reasons including:
the added incentives brought about by changes in April 2011 such as increased allowable absences from the UK;
displacement from the Tier 1 (General) route, which closed at the end of March 2011; or
the increasingly high profile of the route meant that more applicants became aware of it.
The UK entrepreneur figures include individuals who intend to start a business in the UK as well as those who own a business. There has been a large increase in the number of Tier 1 (Entrepreneur) applications and admissions. There were 179 entrepreneur applications in 2009 compared with 2,454 in 2013. The number of admissions have risen from 125 in 2009 to 805 in 2013. There was a particularly large increase in applications between 2012 (978 applications) and 2013 (2,454 applications). Policy changes that may have affected the numbers of applications include:
the closure of the Tier 1 (Post-study work) route in April 2012; the introduction of specified funding options and accelerated settlement in April
2011; in December 2012 the English language requirement for Tier 1 (Entrepreneur) was
lowered from C1 to B1 and switching from the student route was tightened; in April 2012 the new route for Tier 1 (Graduate entrepreneurs) was opened.
Graduate entrepreneurs are only included in the 2013 data and only 24 graduate entrepreneurs are in the figures so do not account for the sharp increase in applications. There has also been an increase in the proportion of Tier 1 (Entrepreneur) visas refused. Around 30 per cent of applications were refused in 2009 compared with 50 per cent in 2013. This could be due to the concern around abuse in this category. This was a large increase in refusals compared with 2012, when around 20 per cent of applications were refused.
39 Admitting third country nationals for business purposes
The UK does not have residence permits so data on extensions of stay by previous broad category are provided in the table below. There has been a sharp increase in applicants switching from work and study routes to entrepreneur routes: Tier 1 (Entrepreneur) or Tier 1 (Graduate entrepreneur) routes. In 2011 there were 172 switches from the work route and 177 from the study route compared with 2,397 switches from the work route in 2013 and 859 switches from the study route in 2013.
40 Admitting third country nationals for business purposes
Table 1: Number of applications, visas issued and admissions for Tier 1 investors and entrepreneurs
Indicators 2009 2010 2011 2012 2013 Source / further
information
Statistics on immigrant investors5 6
Number of visa applications (national D-type visas) 173 233 383 507 604 Table vi _01_q Entry clearance
visa applications and
resolution by category: Tier 1
(Investor)
Number of visa issued (national D-type visas) 153 211 331 470 565 Table vi_04 Entry clearance visa
issued by category: Tier 1
(Investor)
Number of visa refused (national D-type visas) 19 18 30 37 33 Table vi _01_q Entry clearance
visa applications and
resolution by category: Tier 1
(Investor)
Number of applications for residence permits N/A
Number of residence permits issued (perhaps an estimate e.g. admissions)
The UK does not have residence permits, data included admissions to provide an estimate
110 145 185 295 315 Table ad_03 Passengers given
leave to enter the UK in work
categories: Tier 1 (Investor)
Number of residence permits refused / withdrawn (perhaps an estimate e.g. admissions)
N/A
Average age of migrant investors who were granted residence permits (and national D-type
visas)
42 43 41 40 41 Home office internal
management information –
average age by application year
5 For Ireland and the UK statistics refer to the relevant visas on immigrant investors, but please indicate the name of the visa category to which the data refer.
6 The applications-grants-refusals data is not ‘cohort’ data so the sum of the grants and refusals will not total the number of applications. This is because some of the grants/refusals will be for
applications made the previous year, while not all of the applications made in a year will have a grant/refusal in the same year.
41 Admitting third country nationals for business purposes
Statistics on immigrant business owners7 – these figures relate to the Tier 1 (Entrepreneur) and Tier 1 (Graduate entrepreneur) visa categories, neither of which are limited to individuals who
own a business. They include those who intend to start a business in the UK. Graduate entrepreneurs are only included in 2013 data but do not account for the increase in applicants as only 24
applicants were graduate entrepreneurs.
Number of visa applications (national D-type visas) 179 259 580 978 2,454 Table vi _01_q Entry clearance
visa applications and
resolution by category: Tier 1
(Entrepreneur)
Number of visa issued (national D-type visas) 118 189 421 701 1,179 Table vi_04 Entry clearance visa
issued
by category: Tier 1
(Entrepreneur)
N umber of visa refused (national D-type visas) 51 59 130 191 1,190 Table vi _01_q Entry clearance
visa applications and
resolution by category: Tier 1
(Entrepreneur)
Number of applications for residence permits
N/A
Number of residence permits issued (perhaps an estimate e.g. admissions)
The UK does not have resident permits data included admissions to provide an estimate
125 180 315 475 805 Table ad_03 Passengers given
leave to enter in the UK in
work categories: Tier 1
(Entrepreneur)
Number of residence permits refused / withdrawn (perhaps an estimate e.g. admissions)
N/A
Number of residence permits reflecting a change of status into business owner (specifying, if
possible, from which category – i.e. student, family member, beneficiary of international
protection, etc.). The UK does not have residence permits so data on extensions of stay by
previous broad category are provided. The rows below show the numbers of people granted
extensions of stay in the Tier 1 (Entrepreneur) or Tier 1 (Graduate entrepreneur) routes, who
were previously in a different route.
Table expc_01_w Grants of
extension by previous category
excluding dependants
7 For Ireland and the UK, statistics refer to the relevant visas on business owners, but please indicate the name of the visa category to which the data refer.
42 Admitting third country nationals for business purposes
Work 172 440 2,397
Study 177 348 859
Family 0 0 0
Other 6 5 47
Total 355 793 3,303
Average age of immigrant business owners 40 40 38 37 35 Home Office internal
management information –
average age by application
year
Statistics on other immigrant business persons corresponding to Annex 2 (EU Mode 4 categories) and other immigrant business persons as recognised by Member States
Number of third country nationals admitted under EU ‘Mode 4’ categories or equivalent
categories indicated in Q22. If available data can be broken down according to the categories in
Annex 2, please provide them in a separate spreadsheet
See separate document
Number of visa applications (national D-type visas)
Number of visa issued (national D-type visas)
Number of visa refused (national D-type visas)
Number of visa applications (Schengen C-type visas)
Number of visa issued (Schengen C-type visas)
Number of visa refused (Schengen C-type visas)
43 Admitting third country nationals for business purposes
Table 2: Indications of the average length of time needed for each of the following indicators
The table below is not intended to provide detailed, ‘hard’ statistics on the average length of time taken, but rather approximate indications. In case concrete statistics or data are available, however, please provide them separately.
- Please indicate with ‘X’ the (approximate) average length of time needed for each of the indicators.
Average length of time expected (in days) A few days
From a few
days to a
week
Up to two weeks Up to a month More than a
month
Average time expected between lodging an application and the final decision for a visa
application of an immigrant investor (national D-type visa)
Average time expected between lodging an application and the final decision for a visa
application of an immigrant business owner (national D-type visa)
Average time expected for registering a business (from application to
establishment)
If possible to change status: The average time expected for third country nationals
already present in the Member State to change their status to immigrant investor
(from family reasons, study reasons, asylum, etc.)
If possible to change status: The average time expected for third country nationals
already present in the Member State to change their status to immigrant business owner
(from family reasons, study reasons, asylum, etc.)
Please indicate if statistics are available on businesses established by immigrant business owners and by business visitors for establishment purposes (BVEPs) such as: total number of businesses established by third country nationals; number of full-time equivalents (FTEs) created by immigrant investors and business owners; number of survived / closed businesses; share of businesses per size (share of 1, 2–10, 11–19, 20–49, 50+ employees). If possible, EMN NCPs are asked to indicate whether data refer to newly admitted business owners or whether they also include those third country nationals already living in their Member States.
Data not available.
Please indicate if statistics are available on the economic effects of immigrant investments or businesses, such as: the share of immigrant investments out of total annual national investments; number of FTEs created / supported as a result of investments by
44 Admitting third country nationals for business purposes
third country nationals; the tax contribution to the national revenue systems of immigrant business owners and investors; the increased economic ties / trade volumes with specific third countries as a result of immigrant business owners and investors.
According to the Office of National statistics in 2011, 1 per cent (21,100) of businesses in the UK were foreign-owned but contributed to 28 per cent (£270 billion) of the UK value added. See:
http://www.ons.gov.uk/ons/rel/abs/annual-business-survey/foreign-ownership/info-business-ownership.html
45 Admitting third country nationals for business purposes
Annex 2 Table 1: Temporary movement of natural persons under international trade agreements – the EU ‘Mode 4’ categories
Category Criteria Length of stay
Business visitors for
establishment
purposes
Natural persons working in a senior position who:
- are responsible for setting up an enterprise;
- do not offer or provide services or engage in any other economic activity than that required for establishment
purposes;
- do not receive remuneration from a source located within the host Party.
Up to 90 days in any 12-month period
Intra-corporate
transferees8
Natural persons who:
- have been employed by a juridical person or have been partners in it for at least 1 year;
- are temporarily transferred to an enterprise, the host entity, that may be a subsidiary, branch or head company
of the juridical person in the territory of the other Party;
- belong to one of the following categories.
1. Managers
Persons holding a senior position, who primarily direct the management of the host entity, receiving general
supervision or guidance principally from the board of directors of the business or equivalent. That position shall
include:
– directing the host entity or a department or sub-division of the host entity;
– supervising and controlling the work of other supervisory, professional or managerial employees;
– having the authority to recommend hiring, dismissing or other personnel action.
2. Specialists
Persons working within a juridical person who possess specialised knowledge essential to the host entity’s areas of
activity, techniques or management. In assessing such knowledge, account shall be taken not only of knowledge
specific to the host entity, but also of whether the person has a high level of qualifications including adequate
professional experience referring to a type of work or activity requiring specific technical knowledge, including
possible membership of an accredited profession.
Up to 3 years
Graduate trainees /
trainee employees9
Natural persons with a university degree who are transferred to a host entity for career development purposes or
in order to obtain training in business techniques or methods, and are paid during the transfer. Up to 1 year
8 Definition as in Directive 2014/66/EU
9 Directive 2014/66/EU
46 Admitting third country nationals for business purposes
Business sellers
Natural persons who:
- are representatives of a services or goods supplier of one Party;
- are seeking entry and temporary stay in the territory of the other Party for the purpose of negotiating the sale
of services or goods, or entering into agreements to sell services or goods for that supplier;
- do not engage in making direct sales to the general public;
- do not receive remuneration from a source located within the host Party;
- are not commission agents.
Up to 90 days in any 12-month period
Contractual services
suppliers
Natural persons who:
- are employed by a juridical person of one Party, which itself is not an agency for placement and supply services
of personnel nor acting through such an agency, has not established in the territory of the other Party and has
concluded a bona fide contract to supply services with a final consumer in the latter Party, requiring the presence
on a temporary basis of its employees in that Party, in order to fulfil the contract to provide services;
- must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has
obtained a service contract not exceeding 12 months;
- should be offering such services as employees of the juridical person supplying the services for at least the year
immediately preceding the date of submission of an application for entry into the other Party;
- must possess, at the date of submission of an application for entry into the other Party, at least 3 years
professional experience in the sector of activity that is the subject of the contract.
- must possess a university degree or a qualification demonstrating knowledge of an equivalent level;
- must possess a professional qualification where this is required to exercise an activity pursuant to the laws,
regulations and legal requirements of the Party where the service is supplied;
- shall not receive remuneration for the provision of services in the territory of the other Party other than the
remuneration paid by the juridical person employing the natural person.
A cumulative period of not more than 6
months or, in the case of Luxembourg,
25 weeks in any 12-month period or for
the duration of the contract, whichever is
less.
Independent
professionals
Natural persons who:
- are engaged in the supply of a service;
- are established as self-employed in the territory of a Party who have not established in the territory of the other
Party;
- have concluded a bona fide contract (other than through an agency for placement and supply services of
personnel) to supply services with a final consumer in the latter Party, requiring their presence on a temporary
basis in that Party in order to fulfil the contract to provide services;
- must be engaged in the supply of a service on a temporary basis as self-employed persons established in the
other Party;
- must have obtained a service contract for a period not exceeding 12 months;
- must possess, at the date of submission of an application for entry into the other Party, at least 6 years
professional experience in the sector of activity that is the subject of the contract;
- must possess a university degree or a qualification demonstrating knowledge of an equivalent level;
- must possess a professional qualification where this is required to exercise an activity pursuant to the laws,
regulations or legal requirements of the Party where the service is supplied.
A cumulative period of not more than 6
months or, in the case of Luxembourg,
25 weeks in any 12-month period or for
the duration of the contract, whichever is
less.
ISBN:
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