Can Dependants Start a Business in the UK?

The dependant visa allows holders to live, study, work, and establish a business in the UK. However, there are some limitations that dependant visa holders should be aware of before start a business.

Firstly, the right to stay in the UK and run a business is completely depending on the main visa holder remaining here. As such, once the main visa holder’s immigration permission expires, any dependants will lose their right to remain here unless they apply for a visa in their own right.

Secondly, there are some restrictions on the types of business activities that dependant visa holders can undertake. For example, the rules specifically prevent dependants from working as professional sportspersons or as sports coaches unless they are a dependant of a person with a UK Ancestry visa.

And thirdly, Dependant visa holders do not benefit from the valuable business support available under other routes. For example, Innovator Founder visa holders receive lots of business help and support from an approved endorsing body.

It is also important to bear in mind that dependant visa holders running a family business in the UK may not be able to employ the main visa holder. There are two main reasons for this. The main visa holder (e.g. a Skilled Worker visa holder) will be subject to strict restrictions on changing employers or working in a second job. In addition, the main visa holder, as a foreign national, would need to be sponsored in order to acquire a Skilled Worker visa, and this means the business would need a sponsor licence.

Switching to a business visa

If you don't want to have those limitations mentioned above as a dependant visa holder to start a business, you can also consider switching to UK business visa routes as follows

• Innovator Founder visa
• UK Expansion Worker visa (Global Business Mobility)
• Self-Sponsorship visa

Innovator Founder visa

The Innovator Founder visa is aimed at foreign nationals who wish to establish a business in the UK. Applicants must be 18 or over, meet the English language requirements, and have a unique, innovative, viable, and scalable business idea. The business idea must also be endorsed by an approved endorsing body. If your Innovator Founder visa is approved, you will be able to stay in the UK for up to 3 years, at which point you can either extend your visa or apply for permanent settlement (ILR).

UK Expansion Worker visa (Global Business Mobility)

The UK Expansion Worker visa is part of the Global Business Mobility visa scheme. The Expansion Worker visa enables an employee of an overseas business to come to the UK to set up a branch or subsidiary. Applicants must have a Certificate of Sponsorship (CoS) from their employer, meaning that the employer must apply for and secure a sponsor licence first.

To make a successful application for an Expansion Worker visa, applicants must have an eligible job¹, have worked for their overseas employer for at least 12 months (there are some exceptions to this rule), and meet the minimum salary requirements (currently at least £45,800 per year or the ‘going rate’ for the specific role).

UK Expansion Worker visa holders can stay in the UK for up to 12 months. This can be further extended up to a maximum of 2 years overall. It is important to consider that you will not be able to apply for permanent settlement in the UK on this visa. If this is your intention, you will need to apply to switch to a different UK visa that counts towards ILR before your visa expires.

Self-Sponsorship visa

Another increasingly popular immigration route to consider is the ‘self-sponsorship’ visa. There is currently no official UK Self Sponsorship visa. However, you can start a business in the UK as a Dependant visa holder and have your UK business sponsor you. Once your UK business has been established, you will need to apply for a sponsor licence allowing you to issue yourself with a Certificate of Sponsorship. After you have a Certificate of Sponsorship, you can apply for a Skilled Worker visa. To acquire a Skilled Worker visa, you will need to show you have an eligible job and that you meet the salary and the English language requirements.

As a Skilled Worker visa holder, you can live and work in the UK for up to 5 years. At the end of the 5-year period, you can then either renew your visa or apply for permanent settlement.

Speak directly to one of our immigration lawyers for a free telephone consultation on 020 3744 2797 or by email at info@reissedwards.co.uk.

References

¹ GOV.UK: Eligible jobs