2nd June 2017
Thrings was contacted by the client, a migrant living and working in the UK, for advice about his employment when this appeared to be at risk. At the time, he was in the UK under a Tier 2 (General) visa for skilled workers: his immigration permission to be in the UK was linked to his job, as was his family’s, which included children in school. Our client had already considered the possibility of setting up his own business as an alternative, but had not yet made any detailed plans. While receiving advice from Thrings, the matter was amplified when he was put at risk of redundancy.
Following further discussion with Thrings, the client decided to pursue a Tier 1 (Entrepreneur) visa and establish his own business. Thrings advised the migrant on how to switch from his present Tier 2 (General) visa to a Tier 1 (Entrepreneur) visa. This included advice on the required financial and other documents including, critically, a business plan. Drawing on our extensive knowledge of the immigration process, we worked with the client on several drafts of the business plan to ensure that it met not only the requirements of the business but also the requirements of the UK Home Office. Thrings also scrutinised and commented on the draft application, answered queries from the migrant, and acted as his representative in dealings with the Home Office.
The client submitted a high-quality, credible business plan and was granted a Tier 1 (Entrepreneur) visa – without having to attend a Home Office interview. He then established and now runs a successful small business, employing a number of staff. Our team was very pleased with the outcome, which was beneficial to our client, to those he employs and to his children, who were able to stay and continue their education in the UK.
For further commentary on this case, or to discuss any employment-related issue, please contact a member of Thrings’ Employment and Immigration team.