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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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My friend and I have opened a company. We are both directors

Resolved Question:

My friend and I have opened a company. We are both directors with 50/50 equity.
I hold a tier 4 visa, and finishing my studies this may. My friend holds a visitor visa.
We want to apply for an entrepreneur visa, but we also want to start a business operations sooner. Can we first start a business (receiving paymens and etc) and then apply for an entrepreneur visa?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Abyl, I regret to say that you cannot start a business on either a Tier 4 visa or upon a visitor visa. Starting a business would infringe the terms attached to both visas. Neither allow for the starting of a business. The student visa allows a limited number of hours to be worked as an employee, but it certainly doesn't allow you to start a business.
Expert:  Buachaill replied 1 year ago.
2. Accordingly, I would suggest you apply for an Entrepreneur visa in order that you can then start a business. Be aware that your business must be approved for an Entrepreneur visa and you must invest a minimum amount of capital. However, until your Entrepreneur visa has been approved, you cannot simply start a business on your current Tier 4 visa. Similarly a visitor visa only allows a a person to spend time in the UK on tourism purposes. It does not allow a business to be started.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the answer as unless you Rate the Answer your Expert will receive no payment for answering your question.
Customer: replied 1 year ago.
Yes, its 200,000 GBP. But if I have already invested £50,000 can I declare them as an investment and show the left £150,000?
Expert:  Buachaill replied 1 year ago.
4. Yes, you can declare the £50k as an investment. However, you need to be careful not to show that you have been flouting the visa laws. Be aware that Immigration & Visas will not look kindly on someone who ignores the law. You are meant to act in accordance with the migration laws. So, you shouldn't have had any personal involvement in the business when your visa did not allow you to work in it.
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