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The UK has significantly reshaped its immigration landscape in recent years. Indeed, the UK’s conservative government closed the Tier 1 (Investor) and (Entrepreneur) routes that once served as key entry points for global investors and entrepreneurs. Despite these changes, visa routes remain open for family offices and entrepreneurs seeking to establish a presence in the UK.
This article outlines the most relevant visa options for three common scenarios upon which we regularly advise our clients:
- Entrepreneurs intending to set up a business in the UK;
- Overseas businesses seeking to open a subsidiary in the UK; and
- Family offices wishing to oversee UK-based investments.
Key Routes at a Glance
Innovator Founder visa
The Innovator Founder visa offers an opportunity for entrepreneurs to build and scale a start-up in the UK. It requires a truly innovative business idea and has a rigorous process to secure the visa. To qualify applicants must:
- Be endorsed by a Home Office-approved Endorsing Body.
- Present a business idea that is new, innovative, viable, and scalable, with genuine potential to grow in national and international markets.
- Demonstrate that they possess the skills, experience, and market awareness required to run the business successfully.
This visa has a three-year path to Indefinite Leave to Remain (ILR, aka permanent residence) for high-performing startups. Spouses and children under 18 can be included as dependants.
UK Expansion Worker visa
This UK Expansion Worker visa is intended for overseas businesses seeking to establish a UK branch or subsidiary. It allows senior or specialist employees of the overseas business to relocate to the UK to manage the expansion. Founders may also apply for this visa as long as the overseas business continues to operate. To qualify, the business must:
- Operate the same type of business overseas as it intends to establish in the UK.
- Have been trading for at least three years, in most cases.
- Nominate an employee who has worked for the overseas business for at least 12 months. The 12 month employment requirement is waived if the employee earns £73,900 or more annually, or if they are a Japanese or Australian national applying under their respective free trade agreements.
The visa is granted for 12 months initially and may be extended by a further 12 months. As this is a temporary visa, it does not lead to ILR. However, once the UK entity is successfully established and trading, the company can apply for a Skilled Worker sponsor licence, enabling the employee to switch into a route that can lead to ILR after five years. Spouses and children under 18 can be included as dependants.
Skilled Worker visa
The Skilled Worker visa allows UK-based employers to sponsor overseas workers. To qualify, the UK-based employer must have a Skilled Worker sponsor licence, and the job must be at least RQF Level 6 or above (equivalent to degree level) and offer a minimum salary of at least £41,700 per annum. This route offers a path to ILR after five years of continuous residence in the UK. Spouses and children under 18 can be included as dependants.
Case Studies
To illustrate how these visa routes can be applied in real-world scenarios, we explore three common situations encountered by our Asian clients. These case studies provide a high level overview of securing a UK visa for entrepreneurs, expanding companies, and high-net-worth individuals.
Case Study 1: A Shenzhen based entrepreneur would like to build a novel AI business in the UK.
The Innovator Founder visa is the natural starting point for such an entrepreneur. He will be required to demonstrate that his proposed business idea is new, innovative, viable, and scalable.
- “New” means that he cannot join or continue an existing trading business.
- “Innovative” means the business should have a unique selling point or offer something distinct from anything else in the UK market. For example, a novel AI technology, a new AI-based business model, or a creative AI solution to a problem. This innovation requirement is the most difficult aspect to satisfy.
- “Viable” means the business has potential to succeed, i.e. he has or will obtain the necessary skills, knowledge, and market awareness to make the business succeed.
- “Scalable” requires the business to have potential to grow, create jobs, and possibly expand beyond the UK into international markets.
The entrepreneur will need to articulate how his idea meets these criteria in a detailed business plan. There is no minimum investment amount, but the entrepreneur will need to show that he has sufficient funds to start the business and implement the business plan.
The gatekeepers for the Innovator Founder visa are the endorsing bodies. These are organisations authorised by the UK government to review business proposals for the Innovator Founder visa. The entrepreneur will generally be required to submit his detailed business plan, be interviewed, and present his business to a panel at an endorsing body. The endorsing body will then assess if the idea is indeed new, innovative, viable, and scalable. If they are convinced, they should issue the entrepreneur with an endorsement letter.
Once the entrepreneur has obtained an endorsement letter, he can submit his Innovator Founder visa application. If successful, he would be granted a three year visa and can bring his spouse and children to the UK as his dependants.
Case Study 2: A Shanghai consumer-tech company would like to expand to the UK.
For existing trading businesses with no presence in the UK, the UK Expansion Worker route is normally the most suitable visa route. The Shanghai company would first need to identify a suitably senior or specialist employee who will be responsible for establishing the UK subsidiary. For example, a senior employee with the job title “Head of Europe” should meet the requirements.
The UK subsidiary should be incorporated and must then apply for an Expansion Worker sponsor licence. This application will require the submission of detailed evidence for the Shanghai company, including its trading activity and finances for the previous three years. If the UK Expansion Worker sponsor licence is approved, the Head of Europe can submit her application for a UK Expansion Worker visa. The visa is issued for up to 12 months, during which time the UK subsidiary should begin trading.
The UK Expansion Worker is a temporary category as UK subsidiaries are expected to apply for a Skilled Worker sponsor licence once they begin trading. Accordingly, once the subsidiary begins trading, the business should apply for a Skilled Worker sponsor licence and once granted the Head of Europe can switch to a Skilled Worker visa. The Head of Europe’s spouse and children under the age of 18 can join her in the UK at the Expansion Worker visa and Skilled Worker visa stages.
Case Study 3: A Family office wants to oversee their investments in the UK. The principal also wants to spend time in the UK.
Historically, the Tier 1 (Investor) visa was ideal for family offices. It allowed their principals to live in the UK and send their children to some of the best private schools in the world. Following the closure of the Investor visa, there is no perfect route for such individuals. However, the Skilled Worker visa can technically be used for “self-sponsorship”.
Self-sponsorship is where an individual sets up their own UK company and sponsors themselves as a Skilled Worker. This is complex as self-sponsorship does not come from an official policy change and is not a separate route, but rather an interpretation of the existing Skilled Worker visa.
For example, self-sponsorship can be a way for an HNW individual to incorporate a family office in the UK and sponsor themselves as its CEO. This option requires significant groundwork as the principal must incorporate a UK entity, secure office space, implement the necessary HR systems, hire suitable staff, open a UK corporate bank account, register the company with the UK’s tax authority, and then apply for a Skilled Worker sponsor licence. If that sponsor licence application is successful, the family office can then sponsor the principal as its CEO. The CEO’s spouse and children under the age of 18 can be included as dependants.
Self-sponsorship is a complex and developing area that is receiving increased scrutiny from the UK government. If you are considering self-sponsorship, please obtain professional advice.
Conclusion
Despite the closure of the Tier 1 (Investor) and (Entrepreneur) visas, Asian entrepreneurs, businesses, and investors still have viable routes to launch ventures, expand operations, and manage private wealth from within the UK. The Innovator Founder visa offers a compelling route for entrepreneurs with innovative ideas. The UK Expansion Worker visa enables established companies to enter the UK market. Whereas for family offices and high-net-worth individuals, self-sponsorship under the Skilled Worker route can provide a unique solution to establish a UK base.
What we have outlined above is only a very high level overview. There are of course many other visa categories, and strong rumours that the current Labour government may introduce a new Investor visa in 2026/27. As immigration policy continues to evolve following the 2025 white papers, professional guidance is essential to navigating the nuances, ensuring a smooth initial visa application, and optimising the path to a British passport.
Should you wish to discuss any of the issues raised in this article, please contact Madni Chaudhary, Lynsey Blyth, or Dhana Sabanathan.
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