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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Thanks for your response. Youve got me 50% of the way there.

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Thanks for your response. You've got me 50% of the way there. In-terms of formation:
- Are there any financial (e.g. minimum net worth, minimum investment amount, etc.) or other requirements (e.g. nationality) I must meet to 'qualify' as an investor in a UK startup?
- Am I correct to assume that holding the title of 'Director' will not be considered 'employment'?
- As a 'Director', would I be entitled to a salary in addition to share distributions or does that cross the 'employment' threshold?
- What type(s) of company formation / What business entity type(s) will this work with (e.g. LLP, etc.)?

The other 50% I need answered is the visa question. I should have been more specific with the term 'partner'. The person I am going into business with is of no relation. She is just a business partner who happens to be a British national. I am joined in the UK by my wife and children (also American) who are dependents on my government orders, which end in September 2015. So I have a little more than one year to get the business profitable enough for me to quit my government job and pursue it full-time. If/when that time comes, what visa will I be eligible to pursue as a shareholder and Director of a UK company? Further, what requirements (e.g. minimum net worth, etc.) will I need to meet to obtain the visa?

Finally, if the business is registered in a similar manner but offshore in Jersey, what are my options for obtaining a UK visa to remain living in England?

Thank you.

There are no minimum capital requirements for establishing a business, the common way is by way of a limited company and you can form a company on the same day for less than a hundred pounds if you want.

Director is fine but drawing a salary would be employment and prohibited unless you are on a work visa.

I am afraid I do not deal with offshore matters and you would need to seek advice from a local lawyer there.

In terms of visa requirements, the tier 1 investor visa would be most appropriate for you and your family, but a minimum investment of £1 million is required, see here

Can I help further?
Customer: replied 3 years ago.

Hmmm. But I am not a millionaire. I would not qualify for an investor visa.


Could I leave the country and then have the company sponsor my visa... then draw a salary as the Director?

Yes, that is possible but such visas are subject to annual quotas and are very competitive. Your company would not be an established business or employer and I do not see it readily obtaining a sponsorship licence.

The other option is a Tier 1 Entrepreneur visa , see here

UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

How can I come back to the UK and work for the company I'm investing in under the entrepreneurs visa? The company will already be established.

You can use funds invested in a business that you’ve set up in the UK while under a different immigration category - the funds will need to have been invested no earlier than 12 months before your Tier 1 (Entrepreneur) application.

The above guidance appears here:

Hope this helps