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I am seeking advise regarding allowance to invest and or be

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Hello, I am seeking advise regarding allowance to invest and or be involved with a business whilst having a student visa here in the UK
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Not taken any step as of yet. What kind of paperwork? Currently live in the UK and of Nigerian citenzenship
JA: Have you talked to a lawyer about the student visa?
Customer: Not yet
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thats all for now

Hi How can I help?

I will read your question and respond

The Tier 4 visa has strict rules governing what international students can and cannot do during their period of leave in the UK. For example, Tier 4 students in the UK are not allowed to start a business, undertake business-related activity or be self-employed

If you do have plans to start a business after you have completed your studies, you will need to consider your visa options to remain in the UK. The primary route for individuals setting up their first UK business is the recently launched Start up visa.

If you have made an application for leave to remain under the Start-up route, you will be allowed to develop the idea while in the UK under the Tier 4 visa and awaiting the decision on your application.

Importantly, you will not be able to start trading with the Tier 4 visa. You must first await the decision on your Start Up visa application.

The Home Office is however in 2021 having back the Post Study Scheme visa - once you have completed your studies to allow you to work full time in the UK.

This will also allow you to start up a business. The visa would be valid for 2 years. It has not yet come into force.

Thank you for your question today.

Before you go, I would be grateful if you will give me a positive rating by clicking on the above stars and press submit. I would appreciate it

Customer: replied 1 year ago.
Hey, thanks. Lastly two things, one: after reading the tier 4 conditions it says voluntary work is acceptable as long as I do not get paid, is it possible to build a business brand all for free during the duration of the tier 4 visa whilst not trading, but then only begin trading after completion of university and or acceptance of "start up" visa application. Finally, obviously according to the immigration laws, it enables me to still buy and have shares in company as long as I do not posses enough shares to be considered a director (i.e 25%). Say for instance a friend was to start a company as they are of British nationality, could we then make an agreement that say after university, he agrees to sell me more shares so I have more ownership and can then apply for tier 1 visa etc? Would be interesting to know, thanks. And yes definitely will be sure to give you top rating, thanks for the help

You can both volunteer and do voluntary work in the UK. However voluntary work contributes to your work allowance on Tier 4 and so any hours you do must not exceed your Tier 4 limit during term-time, either on its own or combined with other types of paid or unpaid work.

The Tier 4 visa has strict rules governing what international students can and cannot do during their period of leave in the UK. For example, Tier 4 students in the UK are not allowed to start a business, undertake business-related activity or be self-employed

You must have the relevant visa to be able to open up a business/company.

There is no more Tier 1 Entrepreneur visa.

The UK Start-up visa is for non-EEA nationals who are new entrepreneurs and want to establish a business in the UK for the first time. You do not need to be a graduate or have secured any initial funding. However, you will need to have an innovative, viable and scalable business idea which has been approved by an endorsing body.

Start-up visas are one-off visas, valid for 2 years and the category does not lead directly to settlement in the UK. However, Start-up visa holders may extend their stay in the Innovator visa category and qualify for ILR three years later. Start-up visa applicants can bring their partner and any children under the age of 18 to the UK.

Who is the Start-up visa suitable for?

The Start-up visa category is suitable for early-stage, but high potential, entrepreneurs who are looking to start a business in the UK for the first time.

Generally, Start-up visa applicants will not already have started setting up their business in the UK. However, where they have, the new business should not yet have started trading. The only
exceptions to this are if the applicant has already been granted leave under the Start-up or Tier 1 (Graduate Entrepreneur) categories, or under the Tier 4 doctorate extension scheme.

If you are an experienced businessperson seeking to establish a business in the UK then the Innovator visa may be more appropriate. If you wish to join an already trading business then the Tier 2 General Skilled Worker visa may be more appropriate. If you wish to invest in an already trading business then you may wish to consider the Tier 1 Investor visa route. If you are a senior employee of an overseas business looking to establish a commercial presence in the UK then you may like to consider the Sole Representative of an Overseas Business visa.

Requirements for a Start-up visa

In order to qualify for a Start-up visa you will need to satisfy UK Visas and Immigration that:

  • You are at least 18 years old;
  • You have not previously established a business in the UK (unless you previously held leave as a Tier 1 Graduate Entrepreneur);
  • You have been endorsed by an approved UK endorsing body that has assessed your business idea for innovation, viability and scalability and is satisfied that you will spend the majority of your working time in the UK on developing your business venture;
  • Your endorsement letter was issued not more than 3 months before the date of your Start-up visa application;
  • You genuinely intend to undertake, and are capable of undertaking, any work or business activity in the UK stated in your application;
  • You are competent in the English language to at least CEFR Level B2 (equivalent to IELTS 5.5 in reading, writing, listening and speaking);
  • You have at least £945 available to support yourself (and £630 for each dependant) without relying on public funds.

Investment funds requirement for a Start-up visa

Start-up visa applicants do not need any funds to invest in their business. However, the requirement to have a ‘viable’ and ‘scalable’ business idea means that, in practice, you may need to have funds available to invest. Some endorsing bodies require a certain level of funding as a condition of endorsement.

Endorsement criteria for a UK Start-up visa

In order for your business proposal to be endorsed, an approved endorsing body will need to be satisfied that your business idea meets all of the following criteria:

  • Innovation: You have a genuine, original business plan that meets new or existing market needs and/or creates a competitive advantage;
  • Viability: You have, or are actively developing, the necessary skills, knowledge, experience and market awareness to successfully run the business;
  • Scalability: Your business plan has potential for job creation and growth into national markets.

The endorsing body will also need to be satisfied that you will spend the majority of your working time in the UK on developing business ventures.

List of approved Start-up visa endorsing bodies

The Home Office has published a list of endorsing bodies for Start-up visa applications. This list of endorsing bodies contains the names of all currently approved Start-up visa endorsing bodies, as well as links to their websites and, where available, details of their application process and endorsement criteria.

Thank you and have a nice evening

Customer: replied 1 year ago.
Are you able to begin the gain the start-up visa whilst still in university and under tier 4 visa or do I have to be graduate? Currently in going into final year next academic year so have 1 more year of university

You should be complete your course and then look to switch to start up. The most important part is finding a endorsing body

It is not a requirement that you must be graduate - but the endorsing body would wish to see your business idea

Thank you

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Customer: replied 1 year ago.
thanks soo much, yes sure thing. Will do

Thank you