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Admitting third country nationals for business purposes

National Contribution from the United Kingdom

Home Office Science

December 2014

Disclaimer: The following responses have been provided primarily for the purpose of completing a Synthesis

Report for the above-titled European Migration Network (EMN) Focused Study. The contributing EMN

National Contact Points have provided information that is, to the best of their knowledge, up-to-date,

objective and reliable within the context and confines of this study. The information may thus not provide a

complete description and may not represent the entirety of the official policy of an EMN National Contact

Point’s Member State.

2 Admitting third country nationals for business purposes

Contents

Top-line ‘factsheet’ 3

1. National frameworks for admitting third country nationals for business purposes 6

1.1 Immigrant investors: Overview of national policies 6

1.2 Immigrant investors national policies: Pre-arrival stage (admission criteria)

and stay (renewal) 9

1.3: Immigrant business owners: Overview of national policies 11

1.4: Immigrant business owners national policies: Pre-arrival stage (admission

criteria) and stay (renewal) 14

1.5: Other business persons: Overview of national policies 19

1.6: Other business persons national policies: Pre-arrival stage (admission criteria)

and stay (renewal) 22

2. Measures to prevent misuse / abuse of immigration channels for

business purposes 26

3. Evaluation of policies to admit third country nationals for business purposes,

challenges and barriers 31

3.1 Immigrant investors 31

3.2 Business owners 33

3.3 Other business people 34

3.4 Challenges and obstacles to admitting third country nationals for

business purposes 35

4. Good practices and lessons learned 37

Annex A 38

Annex B 45


Top-line ‘factsheet’

This study gives an overview of the UK policies in relation to admission and stay of third country nationals coming to the UK for the purpose of business.

Investors

The UK makes specific provision for the admission of immigrant investors through the Tier 1 (Investor) category of entry and stay, which is defined in the UK’s Immigration Rules as being for “high net worth individuals making a substantial investment in the UK”.

An applicant seeking initial entry or stay as a Tier 1 (Investor) must have funds that are under their own control and held in a regulated financial institution amounting to no less than £2 million. Successful visa applicants can stay in the UK for a maximum of three years. They can apply for a two-year extension if they are already in this category.

There has been a steady increase in the number of applications and admissions in the Tier 1 (Investor) category. The number of applications has risen from 173 in 2009 to 604 in 2013 and the number of admissions from 110 in 2009 to 315 in 2013.

Business owners

The Tier 1 (Entrepreneur) category of entry and stay is defined in the UK’s Immigration Rules as being “for migrants who wish to establish, join or take over one or more businesses in the UK”.

There are different eligibility rules depending on whether an applicant has access to £50,000 or £200,000.

Where an applicant was previously granted permission to stay under the Tier 1 (Post-study work) category they can apply if they have access to £50,000.

Individuals can also apply with access to £50,000 when funding is being made available by a UK government department, a recognised UK seed funding competition, or a UK-regulated venture capital business. In these cases the investment fund cannot include an individual’s own money or any money from third parties.

Individuals with access to £200,000 of their own or third party funding can also apply.

The Tier 1 (Graduate entrepreneur) category of entry and stay is defined in the UK’s Immigration Rules as being for:


UK graduates who have been identified by higher education institutions as having developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK; and

graduates who have been identified by UK Trade and Investment as elite global graduate entrepreneurs to establish one or more businesses in the UK.

There are no minimal capital requirements for applicants under the Tier 1 (Graduate entrepreneur) category.

Those granted a Tier 1 (Entrepreneur) visa may stay in the UK for three years and four months. They can apply for a two-year extension if they are already in this category.

There has been a large increase in the number of entrepreneur applications and admissions. There were 179 entrepreneur applications in 2009 compared with 2,454 in 2013. The number of admissions has risen from 125 in 2009 to 805 in 2013.

Conditions for investors and entrepreneurs

Applicants must be over the age of 16. There are no English language requirements for investors but entrepreneurs must meet the English language requirement. It is possible for individuals who have been granted Tier 1 investor or entrepreneur visas to bring their dependants, as long the main applicant can financially support the dependant while they are in the UK. As with any non-European Economic Area (EEA) migrants admitted in accordance with the Immigration Rules it is a condition of stay that Tier 1 investors and entrepreneurs and their family members do not have recourse to public funds.

Other business persons

In the UK the pre-defined six ‘Mode 4’ categories on temporary business persons covered by the EU free-trade agreements do exist but under broader categories. Business visitors for the establishment of business purposes and business sellers fall under the heading of prospective entrepreneur visitors and business visitors respectively. The UK’s Immigration Rules provide for the admission of intra-corporate transferees and graduate trainees though the Tier 2 (Intra-company transfer) category under the points-based system. The UK’s arrangements for the admission of independent professionals and contractual service suppliers are implemented through the Tier 5 (International agreement) sub-category of the UK’s points-based system.

Misuse of immigration channels for business purposes

The UK’s immigration services have not encountered significant levels of abuse of the Tier 1 (Investor) category. The UK’s immigration services have, however, encountered significant levels of abuse of the Tier 1 (Entrepreneur) category. This is not sector specific, although retail, restaurant and information technology are common sectors. It is typically connected with those who have been admitted to the UK for the purpose of study and who seek to use the route as a means of extending their stay. At the admissions stage checks are made on a Tier 1 investor or entrepreneur applicant’s immigration history, criminal record and if they genuinely have access to funds.


Where a person admitted to the UK as a Tier 1 investor or entrepreneur was found to have breached the conditions of their leave to remain, the usual consequence would be curtailment of their permission to remain leaving them liable to removal. An individual who fails to comply with a condition attached to their leave to remain, or who is found to have obtained entry by deception, would also be liable to a re-entry ban and/or prosecution for an offence under the Immigration Act 1971.


1. Section 1: National frameworks for admitting third country nationals for business purposes

Section 1.1: Immigrant investors: Overview of national policies (Maximum 1 page)

This section asks for information on the national institutional framework and the main policy objectives in relation to immigrant investors from third countries. It will provide a mapping of the national stakeholders involved in the design and implementation of the policies to attract such investors, and the incentives that apply.

European Migration Network (EMN) National Contact Points (NCPs) are asked to answer the following questions, at times guided by a non-exhaustive list of prompts.

Q1. How does the national legislation of your Member State define immigrant investors?

The UK makes specific provision for the admission of immigrant investors through the Tier 1 (Investor) category of entry and stay, which is defined in the UK’s Immigration Rules as being for “high net worth individuals making a substantial investment in the UK”. They must be from outside the European Economic Area (EEA) and Switzerland.

Q2a. Does your Member State have a specific policy, programme or scheme for immigrant investors?

Yes.

Q2b. If yes, please provide more information about the specific policy, programme or scheme, including a) the name of the policy / programme / scheme; b) its main policy objectives (neutral, pro-active); whether it targets c) specific investment types, e.g. real estate, transfer of capital, national funds / bonds, business investments, endowment to public projects, mixed investments, joint ventures, etc. or d) economic sectors / geographical areas / strategic partners; and whether e) a quota / limitation system is in place to govern the number of entries or permits that can be issued to migrant investors?

a) Name of policy / programme and legal basis

The Tier 1 (Investor) category. This is a category of entry and stay under the UK’s points-based system. The requirements to be met by applicants are set out in the Immigration


Rules, which are made pursuant to the Immigration Act 1971 and which can be found at: http://www.legislation.gov.uk/ukpga/1971/77/contents

b) Main policy objectives

To provide for the entry and stay of high net worth individuals making a substantial investment in the UK

c) Type of investment (e.g. real estate, transfer of capital, national funds / bonds, business investments, endowment to public projects, mixed investments, joint ventures, etc.)

Those admitted under this category of stay are required to demonstrate that they have invested the required level of funds in UK Government bonds or in share or loan capital in active and trading companies that are registered in the UK. Most types of investments are allowed, with some exceptions: individuals with a Tier 1 (Investor) visa cannot invest in companies mainly engaged in property investment, property management or property development. Investment must be in either unit trusts or private companies (not bank accounts or offshore companies).

d) Priority national economic sectors / priority national geographical areas / countries of origin targeted / strategic partners required.

The UK’s requirements for immigrant investors make no specification as to priority sectors or regions, nor are specific countries of origin targeted.

e) Quotas in place

There is no upper limit on the number of immigrant investors that can be admitted under this route.

Q3a. What is/are the main actor(s) and institution(s) involved in the development of policies to attract immigrant investors? If multiple authorities are involved, how are they coordinated? Is there an official mandate – e.g. an Action Plan – governing the involvement of these authorities?

The Home Office has primary responsibility for the development of policies to attract immigrant investors. UK Visas and Immigration, a Directorate of the Home Office, administers the Tier 1 (Investor) category of entry and stay. Other government departments involved in the development of policies to attract immigrant investors include the Department of Business, Innovation and Skills and Her Majesty’s Treasury.

Q3b. Which actor / institution is responsible for the promotion of the policy with the target group?

The Home Office.

Q4a. Does your Member State have specific measures in place to attract immigrant investors?

Yes.

http://www.legislation.gov.uk/ukpga/1971/77/contents


Q4b. If yes, please complete the table below with regard to the (applicable) policy measures in place to attract immigrant investors in your Member State.

Measures Brief description of the measure in the Member State

What do these specific measures entail?

(Active promotion / information

dissemination / campaigns / events

including in third countries, etc.)

The UK makes specific provision for the admission on immigrant investors through

the Tier 1 (Investor) route.

Does a list of specific procedural

facilitations for admission exist? If yes,

please explain what they entail

(reduced costs, shortened processing

time, reduced documentary

requirements, minimum residence period

required [per year], possibility of renewal,

etc.)

Yes. Immigrant investors will be granted permission to stay for an initial period of 3

years and may be granted a further extension of stay if they invest the minimum

required level of investment (£2 million) in the UK. They may qualify for permanent

residence after this 5-year period. There are two additional procedural facilitations:

(i) the granting of permanent residence is conditional on the investor not having

been absent from the UK for more than 180 days in any 12 months for each year of

their stay, as opposed to the 90-day maximum permitted absence applied to other

categories of stay; and

(ii) investors may qualify for permanent residence on an accelerated basis if their

level of investment is higher (i.e. after 3 years if they invest £5 million and after 2

years if they invest £10 million).

Are there specific tax incentives?

(Benefits, exemptions, etc.)

No.

Does the possibility exist for immigrant

investors to be accompanied by family

members?

Are family members allowed to access

the labour market?

Yes, by partners and children under the age of 18.

Yes.

Are immigrant investors granted access

to social benefits?

No. As with any non-EEA national admitted in accordance with the Immigration

Rules, it is a condition of stay that a Tier 1 (Investor) migrant and their family

members will not have recourse to public funds within the meaning of the

Immigration Rules.

Are immigrant investors granted access

to citizenship?

Yes, but they are subject to the same qualifying requirements as any other applicant

for British citizenship.

Other (please state)

Q5a Does your Member State have any bilateral or other agreements in place with third countries to attract immigrant investors?

No. Q5b. Does your Member State share information with other Member States? Does your Member State consult other Member States on the issuing of the documents listed in Q4.b to immigrant investors?

No. The UK Government primarily consult with stakeholders in the UK.

Section 1.2: Immigrant investors national policies: Pre-arrival stage (admission criteria) and stay (renewal)

Section 1.2 aims at providing an overview of the admission criteria applied by Member States in order to admit immigrant investors from third countries to the national territory. The section also examines whether Member States require investors to submit an


investment plan and the specific procedures in place with regard to this. Finally, this section also touches on criteria linked to the renewal / withdrawal of their residence permit / long-stay visa.

Q6a. Please indicate which of the list act as criteria to admit immigrant investors in your Member State in the table below. All listed requirements imply a Yes/No answer: in affirmative cases, EMN NCPs are asked to describe the criteria. If possible, EMN NCPs should also explain whether the same criteria apply to third country nationals admitted to the national territory under a different immigration channel (family reunification, study, etc.) but willing to change their status into immigrant investors.

Admission criteria Explanation Do the same criteria apply to third country

nationals present in your Member State who

have another status and are willing to change it

into investor?

Minimum financial amount

to invest (please indicate the

financial amounts applied to

each of the investment types

identified above in Question

2b point c)

An applicant seeking initial entry or stay

through the Tier 1 (Investor) route must

have funds that are under their own

control and held in a UK-regulated

financial institution amounting to no less

than £2 million.

Yes. There are, however, some restrictions

on which categories can ‘switch’ to investor

status. For example, a person admitted to

the UK as a visitor cannot change their

status in this way.

Investment plan

If yes, please complete the

table in Q6b

No investment plan is required. N/A

Expected impact of

proposed investment in the

Member State (economy,

public life, etc.)

No such requirement is applied. N/A

Minimum education /

professional skills

None. N/A

Language knowledge

(certification, pre-entry tests,

mandatory courses, etc.)

None. N/A

Age requirement for

applicants (minimum /

maximum)

Must be at least 16 years of age and in full

control of the investment funds.

Must be at least 16 years of age and in full

control of the investment funds.

Security / health /

background checks in place

(origin of investment, fraud

checks, previous bogus

activities, etc.)

Applicants must provide evidence of the

source of the funds and / or evidence that

they have held the funds themselves for at

least 90 days. Checks on conduct and

criminality are carried out in the same way

as for applicants in other immigration

categories.

Applicants must invest their funds via a UK-

regulated financial institution within 3

months of entering the UK. These

institutions carry out their own background

checks on the investor. Those who fail to

invest within this timeframe may have their

stay in the UK curtailed.

Applicants must provide evidence of the

source of the funds and / or evidence that

they have held the funds themselves for at

least 90 days. Checks on conduct and

criminality are carried out in the same way

as for applicants in other immigration

categories.



Q6b. In case an investment plan is required, EMN NCPs are asked to complete the table below. All listed requirements imply a Yes/No answer; in affirmative cases, EMN NCPs are asked to describe the requirements with additional information.

Investment plan requirements Explanation

Information required on legal

aspects of the investment

N/A

Information required on the

commercial and financial aspects

(nature of the investment, origin of the

capital to invest, target groups,

preliminary contracts, performance

indicators, etc.)

N/A

National institution responsible for

the assessment/ approval

N/A

Duration of examination / due

diligence phase

N/A

Documentation required (if a list

exists, please report it here)

N/A

Review period N/A

Other

Q7. If the criteria for admission are satisfied what initial document is issued? Please provide any detail on:

- type of document issued (e.g. short-stay visa, authorisation to stay, long-stay visa, residence permit, etc.)

- its duration - whether it is longer than the usual duration that applies to other categories of third

country nationals - whether its validity differs (and how) from its renewal.

The applicant is issued with a long-stay visa for three years. Under current arrangements, on admission to the UK this document will also amount to a residence permit. It can be extended for a further two years. These durations are the same as for most other economic routes of entry for third country nationals.

Q8. Where and by which institution / organisation (internal or abroad) are the documents issued? (For example, diplomatic mission in the third country; other responsible representative; intermediary agency, etc.)

The document is issued by UK Visas and Immigration entry clearance officers located at British diplomatic missions overseas.


Q9. EMN NCPs are asked to provide information on the criteria to be met in case of extension of the document issued for the stay of immigrant investors. Please provide details of the type of document issued and its duration.

Renewal criteria Explanation

What are the requirements related to

the purpose of stay (investment) that

need to be met in order to prolong /

extend the initial authorisation of

stay / long-stay visa / residence

permit?

A person applying for an extension of stay in the Tier 1 (Investor) category must

demonstrate that they have invested £2 million in the UK, in permitted forms of

investment, and the remainder may be in other forms of investment.

An applicant using their own money to invest, must should be able to show:

how much money they have and where it is being held;

where the money came from if they have not had the money for at least 3

months (e.g. they inherited it from a relative);

that the money can be transferred to the UK and converted to sterling (if it

is not already in the UK).

An applicant using their partner’s money must provide:

a certificate of marriage or civil partnership, or in the case of unmarried or

same-sex relationships, proof that they are in a long-term (at least 2 years)

relationship;

a statement from their partner confirming that they will allow them to

control the funds in the UK;

a letter from a legal adviser stating that the declaration is valid.

The investment must have been made within 3 months of the applicant’s arrival.

The applicant must also demonstrate that they have maintained the value of the

investment, i.e. if they sell part of their investment portfolio such that it falls below

£2 million, they will be expected to purchase new qualifying investments to rectify

the shortfall.

Section 1.3: Immigrant business owners: Overview of national policies

This section asks for information on the national institutional framework and the main policy objectives in relation to immigrant business owners from third countries. It will provide a mapping of the national stakeholders involved in the design and implementation of the policies to attract business owners, and the incentives that apply.

Q9. How does the national legislation of your Member State define immigrant business owners?

The UK makes specific provision for the admission of immigrant business owners through:

the Tier 1 (Entrepreneur) category of entry and stay, which is defined in the UK’s Immigration Rules as being for ”migrants who wish to establish, join or take over one or more businesses in the UK”.

the Tier 1 (Graduate entrepreneur) category of entry and stay, which is defined in the


UK’s Immigration Rules as being for: “(i) UK graduates who have been identified by higher education institutions as having developed genuine and credible business ideas and entrepreneurial skills to extend their stay in the UK after graduation to establish one or more businesses in the UK; and

(ii) graduates who have been identified by UK Trade and Investment as elite global graduate entrepreneurs to establish one or more businesses in the UK”.

Q10a. Does your Member State have a specific policy, programme or scheme for immigrant business owners?

Yes.

Q10b. If yes, please provide more information about the specific policy, programme or scheme, including a) the name of the policy / programme / scheme: b) its main policy objectives (neutral, pro-active); whether it targets c) specific type of businesses; and / or d) economic sectors / geographical areas / strategic partners; and whether e) a quota / limitation system is in place to govern the number of entries or permits that can be issued to immigrant business owners?

a) Name of policy / programme

As in answer to Q9.

b) Main policy objectives

As in answer to Q9.

c) Type of business (e.g. any specific sector, knowledge-based sector, start-up / spin-off, etc.)

The UK requirements in respect of immigrant business owners make no specification in terms of sectors. There are lower financial thresholds for applicants who have received funding from specific regulated sources, and these provisions are intended to support the establishment of start-ups.

d) Priority national economic sectors / priority national geographical areas / countries of origin targeted / strategic partners required

The UK’s requirements for immigrant investors make no specification as to priority sectors or regions, nor are specific countries of origin targeted.

e) Quotas in place

The Tier 1 (Graduate entrepreneur) category is subject to an upper limit on numbers (currently 2,000 places per year). There is no upper limit applied to the Tier 1 (Entrepreneur) category.

Q11a. What is / are the main actor(s) and institution(s) involved in the development of policies to attract immigrant business owners? If multiple authorities are involved, how


are they coordinated? Is there an official mandate – e.g. an Action Plan – governing the involvement of these authorities?

The Home Office has primary responsibility for the development of policies to attract immigrant business owners. UK Visas and Immigration, a Directorate of the Home Office, administers the relevant categories of entry and stay. Other government departments involved in the development of policies to attract immigrant business owners include the Department of Business, Innovation and Skills and Her Majesty’s Treasury.

Q11b. Which actor / institution is responsible for the promotion of the policy with the target group?

The Home Office.

Q12a. Does your Member State have specific measures to attract immigrant business owners?

Yes.

Q12b. If yes, please complete the table below (next page) with regard to the policy measures in place to attract immigrant business owners in your Member State.

Measures Brief description of the measure in the Member State

What do these specific measures entail? (active

promotion / information dissemination /

campaigns / events including in third countries,

etc.)

UK Trade and Investment (an Executive Agency of the Department for

Business, Innovation and Skills) operates a Global Entrepreneur Programme

aimed at helping overseas entrepreneurs and early stage technology

businesses or start-ups that want to relocate their business to the UK. It also

operates the Sirius Programme (see: http://www.siriusprogramme.com/)

aimed at attracting graduate entrepreneurs to the UK and awarding places

under the Tier 1 (Graduate entrepreneur) category.

Does a list of specific procedural facilitations for

admission exist? If yes, please explain what they

entail (reduced costs, shortened processing time,

reduced documentary requirements, minimum

residence period required [per year], possibility of

renewal, etc.)

Yes. Immigrant business owners admitted under the Tier 1 (Entrepreneur)

category will be granted permission to stay for an initial period of 3 years

and may be granted a further extension of stay for 2 years if their business

meets the relevant extension criteria, which are to have registered the

business, invested funds, and created the equivalent of at least 2 full-time

jobs for resident workers in the UK. They may qualify for permanent

residence after this 5-year period.

A Tier 1 (Entrepreneur) applicant may qualify for permanent residence on an

accelerated basis if their level of investment is higher (i.e. after 3 years if they

have created 10 full-time jobs or their business has generated a total

turnover of £5 million over a 3-year period).

Do specific support measures exist? (financial /

logistic, business support to applicants to

establish a business plan, recognition of

qualifications, etc.)

A proportion (i.e. 100) of the places available under the Tier 1 (Graduate

entrepreneur) category is reserved for non-EEA nationals who are accepted

onto the Sirius Programme administered by UK Trade and Investment. The

Sirius programme provides talented graduate entrepreneurs with an

opportunity to win a place at a leading UK accelerator, obtain mentoring,

financial support, help with scaling their business, receiving investments and

gaining clients, and the possibility of a visa endorsement. Further details of

the support provided under this programme are set out at the link above.

Are there specific tax incentives? (Benefits,

exemptions, etc.)

There are no tax incentives specifically linked to admission under these

categories of entry and stay.

http://www.siriusprogramme.com/


Are immigrant business owners granted access

to social benefits?

No. As with any non-EEA national admitted in accordance with the

Immigration Rules, it is a condition of stay that a Tier 1 (Entrepreneur)

migrant and their family members will not have recourse to public funds

within the meaning of the Immigration Rules.

Are immigrant business owners granted access

to citizenship?

Yes, but they are subject to the same qualifying requirements as any other

applicant for British citizenship.

Does the possibility exist for immigrant

business owners to be accompanied by family

members?

Are family members allowed to access the

labour market?

Yes, by partners and children under the age of 18.

Yes.


Q13a Does your Member State have any bilateral or other agreements in place with third countries to attract immigrant business owners?

No.

Q13b. Does your Member State share information and coordinate its policies with other Member States? Does your Member State consult other Member States on the issuing of the documents listed in Q15 to immigrant business owners?

No.

Section 1.4: Immigrant business owners national policies: Pre-arrival stage (admission criteria) and stay (renewal)

Section 1.4 aims at providing an overview of the admission criteria applied by Member States in order to admit immigrant business owners from third countries to the national territory. The section also examines whether Member States require business owners to submit a business plan and the specific procedures in place with regard to this. Finally, this section also touches on criteria linked to the renewal / withdrawal of their residence permit / long-stay visa.

Q14a. Please indicate the criteria to admit immigrant business owners in your Member State in the table below. All listed requirements imply a Yes/No answer; in affirmative cases, EMN NCPs are asked to describe the criteria. If possible, EMN NCPs should also explain whether the same criteria apply to third country nationals admitted to the national territory under a different immigration channel (family reunification, study, etc.) but willing to change their status into immigrant investors. If possible, EMN NCPs should also explain whether the same criteria apply to third country nationals admitted to the national territory under a different immigration channel (family reunification, study, etc.) but willing to change their status into immigrant investors.

Admission criteria Explanation Do the same criteria apply to third

country nationals present in your

Member State who have another

status and are willing to change it

into business owners?

Evidence of entrepreneurial skills

(experience in running businesses,

turnover of activities in the country

No. The reduced funding threshold where

funding is from specified sources (see below)

applies on the basis that the organisation

Yes, but there are restrictions on

the ability of those admitted on

some other basis to switch into


of origin, etc.) providing the funding will have carried out

its own assessment of the applicant’s

entrepreneurial skills.

the Tier 1 (Entrepreneur) category.

For example, those admitted to

the UK as a student will only be

permitted to switch into the Tier 1

(Entrepreneur) category if they are

in receipt of funding from a

recognised seed funding

competition or a UK government

department. Those admitted to

the UK as a visitor cannot switch

into the Tier 1 (Graduate

entrepreneur) or Tier 1

(Entrepreneur) categories, unless

they were admitted specifically

under the ‘prospective

entrepreneur’ visit category.

Minimum level of educational

achievement / professional skills

(please specify)

Those applying for leave to enter or stay

under the Tier 1 (Graduate entrepreneur)

category must have a degree qualification,

and their application must be endorsed by a

UK higher education institution or by UK

Trade and Investment.

There are no minimum educational

requirements for those applying under the

Tier 1 (Entrepreneur) category, but the

applicant’s educational and professional

history may be taken into account in

assessing the genuineness of their intention

to establish a business.

Those applying for leave to enter

or stay under the Tier 1 (Graduate

entrepreneur) category must have

a degree qualification, and their

application must be endorsed by

a UK higher education institution

or by UK Trade and Investment.

There are no minimum educational

requirements for those applying

under the Tier 1 (Entrepreneur)

category, but the applicant’s

educational and professional

history may be taken into account

in assessing the genuineness of

their intention to establish a

business.

Evidence of capital (minimum sum

required)

There are no minimum capital requirements

for applicants under the Tier 1 (Graduate

entrepreneur) category.

Those applying under the Tier 1

(Entrepreneur) category must have access to:

(i) £200,000; or

(ii) £50,000 where this is being made

available by a UK government department; a

recognised UK seed funding competition; or

by a UK-regulated venture capital business;

or where the applicant was previously

granted permission to stay under the Tier 1

(Post-study work) category of stay.

There are no minimum capital

requirements for applicants under

the Tier 1 (Graduate entrepreneur)

category.

Those applying under the Tier 1

(Entrepreneur) category must have

access to:

(i) £200,000; or

(ii) £50,000 where this is being

made available by a UK

government department; a

recognised UK seed funding

competition; or by a UK-regulated

venture capital business; or where

the applicant was previously

granted permission to stay under

the Tier 1 (Post-study work)

category of stay.

Contribution to the economy /

employment of the Member State

(national interest, ‘jobs created’,

contribution to specific sector,

innovativeness of activity,

introduction of new technologies,

etc.)

No ‘economic need test’ is applied to initial

applications under these categories of stay

but those admitted under the Tier 1

(Entrepreneur) category will be expected to

show that they have created at least 2 full-

time jobs in order to qualify for an extension

of stay.

No ‘economic need test’ is applied

to initial applications under these

categories of stay but those

admitted under the Tier 1

(Entrepreneur) category will be

expected to show that they have

created at least 2 full-time jobs in


order to qualify for an extension

of stay.

Business plan If a business plan is

required, please complete the table

in Q14b

The UK’s Immigration Rules make no

prescription as to the form and content of

business plans submitted in support of an

application under the Tier 1 (Entrepreneur)

category. Such applications are, however,

subject to a ‘genuineness’ test, and the

applicant’s business plan may be requested

and its credibility taken into account in

applying that test.

The UK’s Immigration Rules make

no prescription as to the form and

content of business plans

submitted in support of an

application under the Tier 1

(Entrepreneur) category. Such

applications are, however, subject

to a ‘genuineness’ test, and the

applicant’s business plan may be

requested and its credibility taken

into account in applying that test.

Language knowledge (certification,

pre-entry tests, mandatory courses,

etc.)

Applicants under the Tier 1 (Graduate

entrepreneur) and Tier 1 (Entrepreneur)

categories are expected to demonstrate a

knowledge of English equivalent to level B1

or above of the Council of Europe's

Common European Framework for Language

Learning.

Applicants under the Tier 1

(Graduate entrepreneur) and Tier

1 (Entrepreneur) categories are

expected to demonstrate a

knowledge of English equivalent

to level B1 or above of the

Council of Europe's Common

European Framework for

Language Learning.

Age requirement for applicants

(minimum / maximum)

At least 16 years. At least 16 years.

Insurance requirement (personal

and/or for the investment)

None. None.

Security / background checks in

place (fraud checks, tax avoidance,

previous bogus activities, money

origin / money laundering, etc.)

Standard background checks as per other

immigration categories.

Standard background checks as

per other immigration categories.

Q14b. In case a business plan is required, EMN NCPs are asked to complete the table below. All listed requirements imply a Yes/No answer; in affirmative cases, EMN NCPs are asked to describe the requirements with additional information:

Business plan Explanation

National institution responsible for the

approval / self-assessment

N/A

Information required on legal aspects of

the business (form of the business,

principal activity, subsidiary of existing

activity)

N/A The UK’s Immigration Rules make no prescription as to the form and

content of business plans submitted in support of an application under the Tier

1 (Entrepreneur) category. Such applications are, however, subject to a

‘genuineness’ test, and the applicant’s business plan may be requested as a part

of this test and its credibility taken into account.

Information required on the commercial

and financial aspects (type of business /

services, origin of the capital to invest,

target groups, preliminary contracts, nature

of the investment, performance indicators,

feasibility analysis, etc.)

N/A


Duration of examination of the business

plan

N/A

Documentation required (please provide

a list of the documents required)

N/A

Review period N/A

Other

Q15. If the criteria for admission are satisfied what initial document is issued? Please provide any detail on:

- type of document issued (e.g. short-stay visa, authorisation to stay, long-stay visa, residence permit, etc.);

- its duration; - whether it is longer than the usual duration that applies to other categories of third

country nationals; - whether its validity differs (and how) from its renewal.

The applicant is issued with a long-stay visa for three years. Under current arrangements, on admission to the UK this document will also amount to a residence permit. It can be extended for a further two years. These durations are the same as most other economic routes of entry for third country nationals. Q16. Where and by which institution / organisation (internal or abroad) are the documents issued? (For example, diplomatic mission in the third country; other responsible representative; intermediary agency, etc.)

The document is issued by UK Visas and Immigration entry clearance officers located at British diplomatic missions overseas.

Q17. EMN NCPs are asked to complete the information requested in the table below in relation to registration of businesses by immigrant business owners in your Member State.

Registration of businesses by immigrant

business owners in your Member State

Explanation

National institution responsible for the

registration of the business in the Member

State

The registration of companies established in the UK is the responsibility of

Companies House, an Executive Agency of the Department of Business,

Innovation and Skills. The UK’s Immigration Rules require a person granted

entry or stay as a Tier 1 (Entrepreneur) to have been registered with

Companies House as the director of a business, or to have been registered

as self-employed with Her Majesty’s Revenue and Customs within six months

of their entry to the UK, or the date on which they were first granted leave

to remain as a Tier 1 (Entrepreneur).

Type of business (main business, subsidiary

or branch. Please explain whether it is a

transparent or non-transparent entity for tax

reasons, i.e. determining if the business

owner registers himself/herself as an

individual or as a legal entity).

There is no restriction on the type of business, but the entrepreneur must be

registered as stated above.


Place of registration of business (in the

Member State or in the country of origin / a

third country. Is it mandatory for a third

country national to be present in a country

when registering a business or can this be

done outside (using an agent / third party)?

The registration scheme operated by Companies House applies to all UK

businesses, not just those owned by non-EEA nationals. While there are

specific arrangements for overseas companies establishing a branch in the

UK, these would not normally apply in the case of a Tier 1 (Entrepreneur)

migrant, who would normally be establishing a new business, or taking over

an existing one, in the UK.

Main requirements for registration of

business (capital, employees. Please state

whether the requirements are different from

those applied to EU nationals)

The requirements for the registration of a new company are set out at:

http://www.companieshouse.gov.uk/infoAndGuide/companyRegistration.shtml

Does your Member State impose

restrictions to admit immigrant business

owners based on the type of business, the

specific sector or their country of origin?

No.

Other (health, etc.)

Q18. EMN NCPs are asked to provide information on the criteria to be met in case of extension of the document issued for the stay of immigrant business owners. Please provide details of the type of document issued and its duration.

Renewal criteria Explanation

What are the requirements related to

the purpose of stay (business) that need

to be met in order to prolong / extend

the initial authorisation of stay / long-

stay visa / residence permit?

In order to qualify for an extension of stay as a Tier 1 (Entrepreneur) migrant,

the applicant will need to demonstrate that:

they have registered as self-employed or as the director of a

business in the UK;

they have invested £200,000 (or £50,000 if they qualified for

their initial grant of leave on the basis of that level of funding)

in one or more businesses in the UK;

their business has created the equivalent of two new full-time

jobs for persons permanently resident in the UK.

Is there a requirement that a business is

active during the extension of permits?

If so, what indicators are used to assess

this? (Volumes of turnover, amount of paid

taxes, staff employed, compliance of

immigrant investors and their investment,

etc.)

Who assesses this information?

Yes. In addition to the above, the UK’s Immigration Rules require a person

granted entry or stay as a Tier 1 (Entrepreneur) to have been registered with

Companies House as the director of a business, or to have been registered

as self-employed with Her Majesty’s Revenue and Customs within six months

of their entry to the UK, or the date on which they were first granted leave

to remain as a Tier 1 (Entrepreneur). They must also be so registered within

the three months before they apply for an extension. The jobs they have

created (see above) must have existed for at least 12 months during their

grant of leave to remain.

Subject to the above requirements, there is no requirement that a person

present as a Tier 1 (Entrepreneur) migrant be continuously economically

active as an entrepreneur for the duration of their leave.

Information submitted in support of an application for an extension of stay

as a Tier 1 (Entrepreneur) migrant will be assessed by UK Visas and

Immigration caseworkers.

Are there time-related requirements

during which a business needs to have

been started up, taxes paid and staff

employed in order to get the validity of

the document extended?

As above.

http://www.companieshouse.gov.uk/infoAndGuide/companyRegistration.shtml


Section 1.5: Other business persons: Overview of national policies

This section examines the conditions for the admission of other third country nationals who travel to the EU for business reasons (‘other business persons’). These categories include (but are not limited to) the temporary admission of third country nationals under international trade agreements (i.e. the pre-defined six ‘Mode 4’ categories tackled by the EU free-trade agreements listed in Annex 2). Other business persons may be admitted either on a short-stay visa or long-stay visa.

Q19. How are the following categories (listed in Annex 2) defined under the national legislation of your Member State?

Categories of other immigrant

business persons

Definitions

Business visitors for establishment

purposes (BVEP)

See below.

Intra-corporate transferees (ICT)1 See below.

Business sellers (BS) See below.

Independent professionals (IP) See below.

Contractual services suppliers (CSS) See below.

Graduate trainees (GT) See below.

Other (please describe)

Q20. Does your Member State have a specific policy (programme, scheme) for other business persons as defined by the study template? EMN NCPs are asked to complete only the sections that are relevant to their national context.

Categories of

other

immigrant

business

persons

Is there a specific policy for these categories of

other business persons?

Is it based on tailored multilateral / bilateral

trade agreements with third countries?

Name of policy /

programme

What are its main policy

objectives (include

information on priority

national economic sectors

/ geographical areas /

countries of origin if

relevant)

Are there

any quotas

in place?

Business

visitors for

establishment

purposes

(BVEP)

Non-EEA nationals seeking entry to the UK

for purposes connected with the

establishment of a business may be

admitted under the UK’s arrangements for

prospective entrepreneurs if they are

applying to secure funding from one of the

specified funding sources in the Tier 1

Prospective

entrepreneur.

There are no sector-

or region-specific

objectives in relation

to these categories of

stay.

No.

1 For intra-corporate transferees, please indicate where the scope of current legislation (and the definition used therein) differs

from Directive 2014/66/EU on intra-corporate transferees.


(Entrepreneur) route (listed seed

competitions, UK government departments

and UK-regulated venture capital firms).


specifically for the purpose of establishing a

UK branch or subsidiary of an overseas

business may qualify for entry under the

separate ‘Representative of an Overseas

Business’ category.

These categories are not specifically

modelled on commitments under relevant

trade agreements.

Representative

of an

overseas

business.

Intra-

corporate

transferees

(ICT)

The UK’s Immigration Rules provide for the

admission of intra-corporate transferees

through the Tier 2 (Intra-company transfer)

category under the UK’s points-based

system.

This category is not specifically modelled on

commitments under relevant trade

agreements but has the effect of

implementing those commitments.

Tier 2 (Intra-

company

transfer).


or region-specific


to this category of

stay.

No.

Business

sellers (BS)


for purposes of selling goods and services

may be admitted under the UK’s

arrangements for business visitors provided

that the activities they will be engaged in

are consistent with the permitted activities

of business visitors (see

https://www.gov.uk/business-visitor-

visa/eligibility) and that their stay will not

exceed 6 months.

Business

visitor.


or region-specific


to this category of

stay.

No.

Independent

professionals

(IP)

The UK’s arrangements for the admission of

independent professionals are currently

restricted to implementing its commitments

under the EU-CARIFORUM2 Economic

Partnership Agreement (EPA). These

commitments are implemented though the

Tier 5 (International agreement) sub-

category of the UK’s points-based system.

Tier 5

(International

agreement).

Provision is restricted

to the sectoral

coverage of the UK’s

scheduled

commitments in the

EU-CARIFORUM EPA.

No.

Contractual

services

suppliers

(CSS)

The UK’s arrangements for the admission of

contractual service suppliers are currently

restricted to implementing its commitments

under the General Agreement on Trade in

Services (GATS) and other bilateral free-

trade agreements currently in force. These

commitments are implemented though the

Tier 5 (International agreement) sub-

category of the UK’s points-based system.

Tier 5

(International

agreement).

Provision is restricted

to the sectoral

coverage of the UK’s

scheduled

commitments in the

relevant agreements.

No.

2 The CARIFORUM is a regional organisation of 15 independent countries in the Caribbean region (Antigua and Barbuda,

Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Saint Lucia, Saint Vincent and the Grenadines, Saint Christopher and Nevis, Surinam, and Trinidad and Tobago). The agreement aims to promote the gradual integration of the CARIFORUM states into the world economy, in accordance with their political choices and development priorities.

https://www.gov.uk/business-visitor-visa/eligibility

https://www.gov.uk/business-visitor-visa/eligibility


Graduate

trainees (GT)

The UK’s Immigration Rules provide for the

admission of graduate trainees in the

context of an intra-corporate transfer

through the Tier 2 (Intra-company transfer)

category under the UK’s points-based

system.

This category is not specifically modelled on

commitments under relevant trade

agreements but has the effect of

implementing the UK’s commitments in

respect of graduate trainees under the GATS

and bilateral free-trade agreements.

Tier 2 (Intra-

company

transfer).


or region-specific


to this category of

stay.

No.

Other (please

describe)

Q21. Considering the specific policy (programme, scheme) in the previous question, what are the actor(s) and institution(s) involved in the development and implementation of policies on other business persons? If multiple authorities are involved, how are they coordinated? Is there an official mandate – e.g. an Action Plan – governing the involvement of these authorities? Which actor / institution is responsible for the promotion of such policy abroad?

Categories of

other

immigrant

business

persons

Actors / institutions involved in

the development of these policies

Actors /

institutions

involved in the

implementatio

n of these

policies

If multiple

authorities are

involved, how

do they

coordinate?

Is there an

official

mandate

governing

their roles?

Actors / institutions

responsible for the

promotion of such

policy abroad

Business

visitors for

establishment

purposes

(BVEP)

The Home Office is the lead

department responsible for the

development of policies in

relation to the admission of

non-EEA nationals. Policies on

the admission of non-EEA

nationals for economic

purposes are developed in

consultation with other

government departments, in

particular the Department for

Business, Innovation and Skills

(BIS) and Her Majesty’s

Treasury (HMT) through the

Home Affairs Committee.

Major reviews are likely to

involve consultation with

external stakeholders including

the Confederation of British

Industry.

The Home

Office.

UK Trade and

Investment, an

Executive Agency

of the Department

of Business

Innovation and

Skills, promotes

trade and

investment with

the UK and, in

doing so, promotes

awareness of

relevant

immigration

arrangements.

Intra-

corporate

transferees

(ICT)

As above.

Business

sellers (BS)

As above.


Independent

professionals

(IP)

The European Commission is

the lead actor in the

negotiation of the ‘Mode 4’

content of trade agreements to

which the UK is party. The

Department of Business,

Innovation and Skills is

responsible for representing

the UK’s position in such

negotiations, but consults with

the Home Office on Mode 4

issues.

The Home

Office.

Contractual

services

suppliers

(CSS)

As for business visitors, etc.

Graduate

trainees (GT)

As for business visitors, etc.

Other (please

describe)

Section 1.6: Other business persons national policies: Pre-arrival stage (admission criteria) and stay (renewal)

Section 1.6 aims at providing an overview of the admission criteria applied by Member States in order to admit sub-categories within other business persons from third countries to the national territory.

Q22. What are the criteria for the admission of other business persons to your Member State? Please answer by completing the table below entering in the last column useful information on any pre-entry assessment that may be required (labour market test, proof of minimum period of employment, evidence of commitment to return after the temporary stay, minimum education / professional skills, language knowledge, qualifications / certifications, entry quotas, age requirement, insurance requirement, etc.).

Categories of other business persons

Are these categories admitted / endorsed in your systems (under a different name)? (Yes / No)

If yes, under which name are they registered in your systems?

What is the maximum duration of their stay?

What kind of document is issued when admitting other business persons?

Is there a (exhaustive) list of admission criteria? If yes, please indicate the criteria.

Business

visitors for

establishment

purposes

(BVEP)

Yes. Prospective

entrepreneu

r.

6 months. A visa if the visitor

is a national of a

country subject to

a mandatory visa

requirement. Leave

to enter is

See:

https://www.gov.uk/pros

pective-entrepreneur

https://www.gov.uk/prospective-entrepreneur

https://www.gov.uk/prospective-entrepreneur


otherwise granted

at the port of

entry.

Intra-corporate

transferees

(ICT)

Yes. Tier 2 (Intra-

company

transfer)

5 years in the

long-term ICT

category (and

up to 9 years if

the worker is

paid over

£153,500).

12 months in

the short-term

ICT category.

6 months in the

‘skills transfer’

ICT category

Users of the

route will

generally be

required to

spend a period

of at least 12

months outside

the UK between

separate stays

as an in-

company

transferee.

Periods of stay

in the UK as an

intra-company

transferee do

not confer an

entitlement to

permanent

residence.

A visa. In the case

of long-term

transfers this will

confer entry and

stay for a period of

up to 5 years.

Extensions of stay

up to the

maximum period

permitted may be

granted if the

requirements of

the category

continue to be

met.

Key criteria are that:

the worker is

sponsored by a UK

entity that is licensed

as a sponsor by UK

Visas and

Immigration;

the worker’s

employment meets

the required skill level

(graduate level

employment);

the worker will be

paid the appropriate

rate for the job, and

the remuneration

meets the minimum

threshold (£41,000

for the long-term

category and £24,500

for the short-term

category);

the worker has been

employed by the

sending entity for a

minimum of 12

months prior to the

date of application

(except in the case of

applications in the

‘skills transfer’ or

‘graduate trainee’

categories).

Business sellers

(BS)

As for

business

visitors for

establishment

purposes.

Independent

professionals

(IP)

Yes. Tier 5

(Internationa

l

agreement).

Up to 6 months

in any 12

months.

A visa. Key criteria are:

the worker is

sponsored by a UK


as a sponsor by UK

Visas and Immigration

(the UK entity will, in

such cases, be the

client of the service

provider);

the worker is coming

to provide services to

the sponsoring entity

under a contract;

the worker meets the

skills requirements

out in the UK’s


relevant Mode 4

commitments (which,

in this case are

confined to the EU-

CARIFORUM

agreement);

the worker is a

national of, and

established in, the

territory of a party to

the relevant

agreement, and the

service being

provided is covered

by the UK’s sectoral

commitments under

that agreement.

Contractual

services

suppliers (CSS)

Yes. Tier 5

(Internationa

l

agreement).

6 months in

any 12-month

period.

A visa. As for independent

professionals, except

that the worker will be

an employee of the

sending entity, and must

have been employed by

that entity for at least 12

months prior to the date

of the posting.

The work must meet the

skills thresholds and be

covered by the UK’s

scheduled commitments

in a relevant agreement,

including the GATS and

similar bilateral

agreements that are

currently in force.

Graduate

trainees (GT)

Yes. Tier 2 (Intra-

company

transfer).

12 months. A visa. Key criteria are that:

the worker is

sponsored by a UK


as a sponsor by UK

Visas and

Immigration;

the worker’s

employment meets

the required skill

level, and the work

the migrant is coming

to do is part of a

structured graduate

training programme,

with clearly defined

progression towards a

managerial or

specialist role within

the organisation;

a maximum of 5

trainees per sponsor

per year may be

admitted in this


category;

the worker will be

paid the appropriate

rate for the job, and

the remuneration

meets the minimum

threshold (£24,500);

the worker has been

employed by the

sending entity for a

minimum of 3 months

prior to the date of

application.

Other (please

describe)

Q23. EMN NCPs are asked to provide information on the criteria to be met in case of extension of the document issued for the stay of other business persons. Please provide details of the type of document issued and its duration.

Categories of other

immigrant business persons

What are the requirements related to the purpose of stay (business) that need to be met in order to

prolong / extend the initial documents issued?

Business visitors for

establishment purposes

(BVEP)

As for initial entry requirements. Maximum stay cannot exceed 6 months.

Intra-corporate transferees

(ICT)

As for initial entry requirements. Maximum stay cannot exceed 5 years, except where worker

is paid at least £153,500.

Business sellers (BS) As for initial entry requirements. Maximum stay cannot exceed 6 months.

Independent professionals

(IP)

As for initial entry requirements. Maximum stay cannot exceed 6 months in any 12-month

period.

Contractual services suppliers

(CSS)

As for initial entry requirements. Maximum stay cannot exceed 6 months in any 12-month

period.

Graduate trainees (GT) As for initial entry requirements. Maximum stay cannot exceed 12 months.

requirements


2. Measures to prevent misuse / abuse of immigration channels for business purposes

This section aims to provide an overview of the measures carried out by Member States for monitoring, detecting and preventing misuse of the migration channels in place for immigrant investors, immigrant business owners and other business persons and to explore and map the specific mechanisms in place.

Q24. Please provide the following information with respect to the prevention and detection of misuse and abuse of immigration channels for immigrant investors, business owners and other business persons at admission stage and during stay. EMN NCPs are first asked to provide the definitions of misuse and abuse according to their national legislation and to identify differences where possible.

Issue Immigrant investors Immigrant

business

owners

Other

immigrant

business

persons

Does your national legislation

provide for a definition of

misuse and / or abuse?

If yes, do they differ? Please

describe

If no, how are they defined in

practice?

The Immigration Act 1971:

establishes that those admitted to the UK for a particular

purpose may have conditions attached to their stay

(which may include restrictions on taking employment);

defines offences connected with illegal entry, facilitating

illegal entry, failing to observe a condition attached to

stay and obtaining leave to enter or stay by deception.

In addition, any person applying for leave to remain in the UK is

subject to general provisions aimed at countering abuse and

ensuring that those granted entry and stay comply with the

conditions of their stay. These are set out in Part 9 of the

Immigration Rules34

and include provision for applications to be

refused where:

a person has made false representations in connection with

their application;

they have previously overstayed;

they have previously failed to comply with a condition

attached to their leave.

As immigrant

Investors.

As immigrant

Investors.

3 See: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/302674/20140410_Immigration_Rules_-_Part_9_MASTER.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/302674/20140410_Immigration_Rules_-_Part_9_MASTER.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/302674/20140410_Immigration_Rules_-_Part_9_MASTER.pdf


What are the specific

measures in place in your

Member States to monitor,

detect and prevent misuse /

abuse at admission stage? (In

addition to the criteria to be

satisfied as reported under

Section 1.2)

In addition to checks on the applicant’s previous immigration

history and criminal record, Tier 1 (Investor) applications are

subject to checks to establish that they genuinely have access

to the required funds. At the extension stage, additional checks

are made to establish that the applicant has invested the funds

in the manner required by the Immigration Rules.

In addition to

checks on the

applicant’s

previous

immigration

history and

criminal record,

Tier 1

(Entrepreneur)

applications

are subject to

checks to

establish that

they genuinely

have access to

the required

funds, and that

they have a

genuine

intention of

engaging in

entrepreneurial

activity. At the

extension

stage,

additional

checks are

made to

establish that

the applicant

has invested

the funds in

the manner

required by the

Immigration

Rules.

Sponsors must

apply to UK

Visas and

Immigration for

an allocation of

certificates to

sponsor

migrants, and

must justify the

number of

certificates

requested.

What are the entities

responsible for the

monitoring of compliance of

immigrant business owners

and immigrant investors and

what are their specific

responsibilities? (Labour

inspectorate, labour exchange

office, tax authorities, ministry

of interior, migration services)

Does a national referral

mechanism (or its

equivalent) exist? (Yes / No)

If yes, how is information

shared between stakeholders

involved?

Is there an obligation to

inform about misuse / abuse

identified by other

institutions (migration

services, police, tax authority,

etc.)

Checks on Tier 1 (Investor) migrants are the responsibility of the

UK’s immigration services (UK Visas and Immigration, the Border

Force, and Immigration Enforcement). There are currently no

formal protocols under which other stakeholders (e.g. financial

institutions) are required to notify the immigration services of

suspected abuse.

Checks on Tier 1

(Entrepreneur)

migrants are the

responsibility of

the UK’s

immigration

services (UK

Visas and

Immigration,

the Border

Force, and

Immigration

Enforcement).

There no formal

protocols under

which other

stakeholders

(e.g. financial

institutions) are

required to

notify the

immigration

services of

suspected

abuse, although

In addition to

the

information

aside,

sponsors are

required to

comply with

monitoring

and reporting

duties in

respect of the

migrants they

are

sponsoring.

UK Visas and

Immigration

conducts

checks

(largely on a

risk-assessed

basis) on

licensed

sponsors of

Tier 2 and Tier

5 migrants to


the UK’s

immigration

services does

work with other

agencies such as

Her Majesty’s

Revenue and

Customs and

the police to

investigate

suspected abuse

of this route.

check that

they are

complying

with their

sponsorship

obligations.

What is the frequency of

control? Identify whether

labour is available.

On individual applications on a risk-assessed basis. On a risk-

assessed basis.

On a risk-

assessed basis.

What are the main sectors

where misuse / abuse

occurs? (Real estate, transfer

of capital, national funds /

bonds, business investments,

etc.)

Please list the top three

The UK’s immigration services have not encountered significant

levels of abuse of the Tier 1 (Investor) category

The UK’s

immigration

services have

encountered

significant levels

of abuse the

Tier 1

(Entrepreneur)

category. This is

not sector

specific,

although retail,

restaurant, and

information

technology are

common

sectors. It is,

however,

typically

connected with

those who have

been admitted

to the UK for the

purpose of

study and who

seek to use the

route as a

means of

extending their

stay. Checks

against the tax

records of those

who have been

granted leave as

entrepreneurs

suggest that few

have gone on to

engage in

genuine

entrepreneurial

activity, and that

a significant

proportion have

taken

employment in

breach of their

The UK’s

immigration

services have

not detected

significant

levels of

abuse of its

business

visitor and

intra-

company

arrangements,

although it is

suspected

that there

exists some

degree of

inappropriate

use of the

intra-

company

transfer route

by employers

(particularly in

the

information

technology

sector) using

it to transfer

workers from

their overseas

operations to

undertake

work for

which

resident

labour is

available.


conditions,

typically at low

skill levels.

Abuse of the

route typically

takes the form

of applications

that are based

on bogus

sources of

funding; and,

where

applicants

succeed in

securing an

extension of

stay on this

basis, working in

breach of

conditions

attached to a

Tier 1

(Entrepreneur)’s

stay.

If misuse / abuse is detected,

what are the penalties

imposed on the third

country national concerned?

(Withdrawal of long-stay visa /

residence permit, loss of any

other related right / benefit,

loss of the certificate of

establishment, legal

proceedings, fines, removal

order, confiscation of activities

/ revenues, etc.)

Where a person admitted to the UK as a Tier 1 (Investor)

migrant was found to have breached the conditions of their

leave (e.g. by claiming public funds) or to no longer meet the

requirements of the Immigration Rules under which they were

admitted (e.g. by failing to invest), the usual consequence

would be the curtailment of their permission to remain, leaving

them liable to removal.

A Tier 1 (Investor) migrant who fails to comply with a condition

attached to their leave, or is found to have obtained entry by

deception, would also be liable to a re-entry ban and / or

prosecution for an offence under the Immigration Act 1971.

As for

immigrant

investors.

It is a condition

of a Tier 1

(Entrepreneur)

migrant that

they may only

work for the

business or

businesses they

have taken over

or established.

As for

immigrant

investors. In

addition, a

migrant

admitted on

the basis of

sponsorship

may become

liable to

curtailment of

stay and

removal if

their

employer’s

licence is

withdrawn for

failure to

comply with

sponsorship

obligations.

What other circumstances

might result in the

withdrawal / non-renewal of

a long-stay visa / residence

permit?

Q25a. Is there any evidence of the effectiveness of the measures used in your Member State to monitor, detect and prevent misuse / abuse and the problems / challenges faced (lack of instruments, lack of cross-analysis, access to data, etc.)?

None published.


Q25b. If yes, please indicate to which immigrant business persons the evidence refers to (investors, business owners, other business people) and please summarise the main findings here and include a reference to the source in an annex to your national report.


3. Evaluation of policies to admit third country nationals for business purposes, challenges and barriers

This section aims to explore the impact of policies to admit immigrant investors (Section 3.1), business owners (Section 3.2) and other business people (Section 3.3) on the economy / society of the Member States. In particular, the questions below aim to understand to what extent such policies (programmes or schemes) have been evaluated and what are the results achieved.

Section 3.1: Immigrant investors

Q26a. Have any evaluations or studies in your Member State considered the effectiveness of national policies to attract immigrant investors?

Yes.

Q26b. If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.

If no, please provide also any other evidence / indicator that may be available in your Member State in this regard (media reporting, media debates, assessment by experts, etc.).

The Migration Advisory Committee (MAC), an independent, non-departmental, advisory body sponsored by the Home Office, published a report on the Tier 1 (Investor) category in February 2014, see: https://www.gov.uk/government/publications/the-investment-limits-and-economic-benefits-

of-the-tier-1-investor-route-feb-2014

The report found that the economic benefits of the route were unclear (although there are likely to be some). It reported that direct investment itself is not of great benefit to the UK but found the benefits of the route appear to lie in the indirect consumption by the investor, and associated taxation, predominantly value added tax.

The report recommended some reforms to deliver clearer economic benefit to the UK. These include:

raising the investment threshold; encouraging alternative investments; auctioning some slots; and altering the residency requirements.

https://www.gov.uk/government/publications/the-investment-limits-and-economic-benefits-of-the-tier-1-investor-route-feb-2014

https://www.gov.uk/government/publications/the-investment-limits-and-economic-benefits-of-the-tier-1-investor-route-feb-2014


In particular, the previous £1 million investment threshold was too low – it had not been raised since 1994.The MAC recommended raising it in line with earnings growth since 1994, yielding a threshold of £2 million and also alternative investments should be considered. These include infrastructure bonds and venture capital.

The UK Government implemented some changes to the route on 6 November 2014, including doubling the investment threshold to £2 million. It intends to consult further in due course on:

what sort of investment the route should encourage in order to deliver real economic benefits; and

other improvements to the route.

Q27a. Have any evaluations or studies in your Member State considered the effectiveness of the national policies to attract immigrant investors to the growth of the national economy and / or in competing with other larger economies, and have specific indicators been developed?

Yes.


If no, please provide any other evidence / indicator that may be available in your Member State in this regard (media reporting, media debates, assessment by experts, etc.).

The above report concluded that “the UK offer is sufficiently attractive vis-à-vis other countries, including those who offer citizenship at relatively low cost”.

Q28a. Have any evaluations or studies in your Member State considered the impact of the national policies to attract immigrant investors on other social issues (employment, access to housing, discrimination, etc.) and have specific indicators been developed?

Yes.



Again the above report, which found that Tier 1 (Investor) migrants in particular do not add to the demand on the NHS because they make use of private health care services. As for other services the report found that “the presence of Tier 1 investors in the UK will increase demand on other public services, such as transport and policing. However, we are not able to estimate the degree to which such services are used, though inevitably given the number of Tier 1 (Investor) migrants and their dependants the impact is likely to be small.”


Q29. What evidence exists (policy documents, political discourses, media coverage, non-governmental organisations (NGO) campaigns, case law examples, etc.) that immigrant investors are perceived as abusing national migration rules in your Member State?

The UK’s immigration services have not encountered significant levels of abuse of the Tier 1 (Investor) category.

Section 3.2: Business owners

Q30a. Have any evaluations or studies in your Member State considered the effectiveness of national policies to attract immigrant business owners?

No.

Q30b If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.

If no, please provide also any other evidence / indicator that may be available in your Member State and provide any examples of good practice in this regard.

Q31a. Have any evaluations or studies in your Member State considered the effectiveness of the national policies to attract immigrant business owners to the growth of the national economy, and / or in competing with other larger economies, and have specific indicators been developed?

For this question please consider also the contribution of immigrant business owners who are already present on the territory of your Member State.

No.


If no, please provide any other evidence / indicator that may be available in your Member State and provide any examples of good practice in this regard.

Q32a. Have any evaluations or studies in your Member State considered the impact of the national policies to attract immigrant business owners on other social issues (employment, social security, discrimination, etc.) and have specific indicators been developed?

No.




Q33. What evidence exists (policy documents, political discourses, media coverage, NGO campaigns, case law examples, etc.) that immigrant business owners are perceived as abusing national migration rules in your Member State?

As described above, the UK’s immigration services have encountered significant levels of abuse of the Tier 1 (Entrepreneur) category. This is typically connected with those who have been admitted to the UK for the purpose of study and who seek to use the route as a means of extending their stay. Checks against the tax records of those who have been granted leave as entrepreneurs suggest that few have gone on to engage in genuine entrepreneurial activity, and that a significant proportion have taken employment in breach of their conditions, typically at low skill levels. In July 2014 the Government announced additional restrictions on switching from Tier 1 (Post-study work) and Tier 4 to Tier 1 (Entrepreneur) visas and these were implemented as a result of the abuse.

Section 3.3: Other business persons

Q34a. Have any evaluations or studies in your Member State considered the effectiveness of national policies to attract other immigrant business persons?

No.

Q34b If yes, please summarise the main findings here and include a reference to the evaluation or study in an annex to your national report.


Q35a. Have any evaluations or studies in your Member State considered the effectiveness of the national policies to attract other immigrant business persons to the growth of the national economy, and / or in competing with other larger economies, and have specific indicators been developed?

No.



Q36. Does any evidence exist on the impact of other immigrant business persons on increased volume of trade, increased mobility, increased visibility, etc. for your Member State? European Migration Network (EMN) National Contact Points (NCPs) are asked to corroborate information provided with any available data or source.

No.


Q37. What evidence exists (policy documents, political discourses, media coverage, NGO campaigns, case law examples, etc.) that other immigrant business persons are perceived as abusing national migration rules in your Member State?

The UK’s immigration services have not detected significant levels of abuse of its business visitor and intra-company arrangements.

Section 3.4: Challenges and obstacles to admitting third country nationals for business purposes

This section examines the existing challenges and obstacles for the design and implementation of specific policies aiming to attract immigrant investors, immigrant business owners and other immigrant business persons, and those challenges and barriers reported by the business community. EMN NCPs are asked to address any obstacle to their admission (eligibility criteria, investment plan, business plan, obtaining visa, etc.) or to other macro-level areas such as visa policy, education, trade, etc.).

EMN NCPs are asked to present the findings and analysis of any existing studies / evaluations or evidence collected in any other way and to provide any available statistics in the corresponding tables in Annex 1.

Q38. What are the main challenges related to the admission of immigrant investors, immigrant business owners and other immigrant business persons in your Member State?

Categories of

immigrant

business persons

Challenges for national stakeholders associated with the

design and implementation of policies for immigrant

business persons.

If possible studies should be included (sourced as

appropriate).

Challenges for applicant at both admission (pre-

arrival) and stay stages (e.g. documentation required,

waiting times, restrictions, etc.)

If possible, the views of the business community, of the

immigrant community and studies should be included

(sourced as appropriate).

Immigrant

investors

How to maximise the benefit of the route to the UK

economy, considering:

forms of investment;

benefit to UK companies;

tax revenue;

pressure on the UK housing market;

residency requirements and expenditure by investors while they are in the UK.

The UK has had representations that applicants

would like greater choice of forms of investment,

and greater allowed absences from the UK.

Immigrant

business

owners

Establishing that applicants have a genuine business

and applications are not fraudulent.

Applicants may be interviewed face-to-face if

there are concerns their business activity is not

genuine.

Business visitors

for

establishment

purposes (BVEP)

Intra-corporate

transferees (ICT)

Ensuring transferees are not displacing resident

workers.


Business sellers

(BS)

Independent

professionals

(IP)

Contractual

services

suppliers (CSS)

Graduate

trainees (GT)

Other (please

describe)

7


4. Good practices and lessons learned

This Synthesis Report will highlight any good practices of Member States that have successfully attracted and facilitated the arrival of immigrant investors, immigrant business owners and other business persons. This section will also tackle the extent to which these practices have favoured the (positive) contribution of third country nationals to the national economy, their likelihood to be promoted and replicated in other Member States, and also the extent to which they have created monitoring mechanisms to detect misuse / abuse of these migration channels.

This section will include also lessons learned from the practical implementation of specific policies, programmes or schemes for the targeted categories of third country national. Lessons learned may also address assessments of the expected and / or unintended (positive and negative) consequences of specific policies, programmes or scheme. (For example, a so-called investor programme has facilitated the admission of wealthy third country nationals to boost the national economy in the real-estate sector. However, as consequence, although third country nationals have invested their money many properties remain empty due to inflated market rates.)

If there are specific examples of good practices that you would like to highlight, please do so below.

No specific examples.


Annex 1 Statistics on migrant investor and business owners

Statistics from Member States will be used in the Synthesis Report to contextualise the statistics provided in this annex.

Source : https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables

Table 1 below shows that there has been a steady increase in the number of applications and admissions in the Tier 1 (Investor) category. The number of applications has risen from 173 in 2009 to 604 in 2013 and the number of admissions from 110 in 2009 to 315 in 2013. The proportion of visa refusals has decreased from 11 per cent in 2009 to 5 per cent in 2013. The Migration Advisory Committee (MAC) report suggests that the increases in applications could have been for a number of reasons including:

the added incentives brought about by changes in April 2011 such as increased allowable absences from the UK;

displacement from the Tier 1 (General) route, which closed at the end of March 2011; or

the increasingly high profile of the route meant that more applicants became aware of it.

The UK entrepreneur figures include individuals who intend to start a business in the UK as well as those who own a business. There has been a large increase in the number of Tier 1 (Entrepreneur) applications and admissions. There were 179 entrepreneur applications in 2009 compared with 2,454 in 2013. The number of admissions have risen from 125 in 2009 to 805 in 2013. There was a particularly large increase in applications between 2012 (978 applications) and 2013 (2,454 applications). Policy changes that may have affected the numbers of applications include:

the closure of the Tier 1 (Post-study work) route in April 2012; the introduction of specified funding options and accelerated settlement in April

2011; in December 2012 the English language requirement for Tier 1 (Entrepreneur) was

lowered from C1 to B1 and switching from the student route was tightened; in April 2012 the new route for Tier 1 (Graduate entrepreneurs) was opened.

Graduate entrepreneurs are only included in the 2013 data and only 24 graduate entrepreneurs are in the figures so do not account for the sharp increase in applications. There has also been an increase in the proportion of Tier 1 (Entrepreneur) visas refused. Around 30 per cent of applications were refused in 2009 compared with 50 per cent in 2013. This could be due to the concern around abuse in this category. This was a large increase in refusals compared with 2012, when around 20 per cent of applications were refused.

https://www.gov.uk/government/statistics/immigration-statistics-april-to-june-2014-data-tables


The UK does not have residence permits so data on extensions of stay by previous broad category are provided in the table below. There has been a sharp increase in applicants switching from work and study routes to entrepreneur routes: Tier 1 (Entrepreneur) or Tier 1 (Graduate entrepreneur) routes. In 2011 there were 172 switches from the work route and 177 from the study route compared with 2,397 switches from the work route in 2013 and 859 switches from the study route in 2013.


Table 1: Number of applications, visas issued and admissions for Tier 1 investors and entrepreneurs

Indicators 2009 2010 2011 2012 2013 Source / further

information

Statistics on immigrant investors5 6

Number of visa applications (national D-type visas) 173 233 383 507 604 Table vi _01_q Entry clearance

visa applications and

resolution by category: Tier 1

(Investor)

Number of visa issued (national D-type visas) 153 211 331 470 565 Table vi_04 Entry clearance visa

issued by category: Tier 1

(Investor)

Number of visa refused (national D-type visas) 19 18 30 37 33 Table vi _01_q Entry clearance



(Investor)

Number of applications for residence permits N/A

Number of residence permits issued (perhaps an estimate e.g. admissions)

The UK does not have residence permits, data included admissions to provide an estimate

110 145 185 295 315 Table ad_03 Passengers given

leave to enter the UK in work

categories: Tier 1 (Investor)

Number of residence permits refused / withdrawn (perhaps an estimate e.g. admissions)

N/A

Average age of migrant investors who were granted residence permits (and national D-type

visas)

42 43 41 40 41 Home office internal

management information –

average age by application year

5 For Ireland and the UK statistics refer to the relevant visas on immigrant investors, but please indicate the name of the visa category to which the data refer.

6 The applications-grants-refusals data is not ‘cohort’ data so the sum of the grants and refusals will not total the number of applications. This is because some of the grants/refusals will be for

applications made the previous year, while not all of the applications made in a year will have a grant/refusal in the same year.


Statistics on immigrant business owners7 – these figures relate to the Tier 1 (Entrepreneur) and Tier 1 (Graduate entrepreneur) visa categories, neither of which are limited to individuals who

own a business. They include those who intend to start a business in the UK. Graduate entrepreneurs are only included in 2013 data but do not account for the increase in applicants as only 24

applicants were graduate entrepreneurs.

Number of visa applications (national D-type visas) 179 259 580 978 2,454 Table vi _01_q Entry clearance



(Entrepreneur)

Number of visa issued (national D-type visas) 118 189 421 701 1,179 Table vi_04 Entry clearance visa

issued

by category: Tier 1

(Entrepreneur)

N umber of visa refused (national D-type visas) 51 59 130 191 1,190 Table vi _01_q Entry clearance



(Entrepreneur)

Number of applications for residence permits

N/A

Number of residence permits issued (perhaps an estimate e.g. admissions)

The UK does not have resident permits data included admissions to provide an estimate

125 180 315 475 805 Table ad_03 Passengers given

leave to enter in the UK in

work categories: Tier 1

(Entrepreneur)

Number of residence permits refused / withdrawn (perhaps an estimate e.g. admissions)

N/A

Number of residence permits reflecting a change of status into business owner (specifying, if

possible, from which category – i.e. student, family member, beneficiary of international

protection, etc.). The UK does not have residence permits so data on extensions of stay by

previous broad category are provided. The rows below show the numbers of people granted

extensions of stay in the Tier 1 (Entrepreneur) or Tier 1 (Graduate entrepreneur) routes, who

were previously in a different route.

Table expc_01_w Grants of

extension by previous category

excluding dependants

7 For Ireland and the UK, statistics refer to the relevant visas on business owners, but please indicate the name of the visa category to which the data refer.


Work 172 440 2,397

Study 177 348 859

Family 0 0 0

Other 6 5 47

Total 355 793 3,303

Average age of immigrant business owners 40 40 38 37 35 Home Office internal

management information –

average age by application

year

Statistics on other immigrant business persons corresponding to Annex 2 (EU Mode 4 categories) and other immigrant business persons as recognised by Member States

Number of third country nationals admitted under EU ‘Mode 4’ categories or equivalent

categories indicated in Q22. If available data can be broken down according to the categories in

Annex 2, please provide them in a separate spreadsheet

See separate document

Number of visa applications (national D-type visas)

Number of visa issued (national D-type visas)

Number of visa refused (national D-type visas)

Number of visa applications (Schengen C-type visas)

Number of visa issued (Schengen C-type visas)

Number of visa refused (Schengen C-type visas)


Table 2: Indications of the average length of time needed for each of the following indicators

The table below is not intended to provide detailed, ‘hard’ statistics on the average length of time taken, but rather approximate indications. In case concrete statistics or data are available, however, please provide them separately.

- Please indicate with ‘X’ the (approximate) average length of time needed for each of the indicators.

Average length of time expected (in days) A few days

From a few

days to a

week

Up to two weeks Up to a month More than a

month

Average time expected between lodging an application and the final decision for a visa

application of an immigrant investor (national D-type visa)

Average time expected between lodging an application and the final decision for a visa

application of an immigrant business owner (national D-type visa)

Average time expected for registering a business (from application to

establishment)

If possible to change status: The average time expected for third country nationals

already present in the Member State to change their status to immigrant investor

(from family reasons, study reasons, asylum, etc.)

If possible to change status: The average time expected for third country nationals

already present in the Member State to change their status to immigrant business owner

(from family reasons, study reasons, asylum, etc.)

Please indicate if statistics are available on businesses established by immigrant business owners and by business visitors for establishment purposes (BVEPs) such as: total number of businesses established by third country nationals; number of full-time equivalents (FTEs) created by immigrant investors and business owners; number of survived / closed businesses; share of businesses per size (share of 1, 2–10, 11–19, 20–49, 50+ employees). If possible, EMN NCPs are asked to indicate whether data refer to newly admitted business owners or whether they also include those third country nationals already living in their Member States.

Data not available.

Please indicate if statistics are available on the economic effects of immigrant investments or businesses, such as: the share of immigrant investments out of total annual national investments; number of FTEs created / supported as a result of investments by


third country nationals; the tax contribution to the national revenue systems of immigrant business owners and investors; the increased economic ties / trade volumes with specific third countries as a result of immigrant business owners and investors.

According to the Office of National statistics in 2011, 1 per cent (21,100) of businesses in the UK were foreign-owned but contributed to 28 per cent (£270 billion) of the UK value added. See:

http://www.ons.gov.uk/ons/rel/abs/annual-business-survey/foreign-ownership/info-business-ownership.html

http://www.ons.gov.uk/ons/rel/abs/annual-business-survey/foreign-ownership/info-business-ownership.html


Annex 2 Table 1: Temporary movement of natural persons under international trade agreements – the EU ‘Mode 4’ categories

Category Criteria Length of stay

Business visitors for

establishment

purposes

Natural persons working in a senior position who:

- are responsible for setting up an enterprise;

- do not offer or provide services or engage in any other economic activity than that required for establishment

purposes;

- do not receive remuneration from a source located within the host Party.

Up to 90 days in any 12-month period

Intra-corporate

transferees8

Natural persons who:

- have been employed by a juridical person or have been partners in it for at least 1 year;

- are temporarily transferred to an enterprise, the host entity, that may be a subsidiary, branch or head company

of the juridical person in the territory of the other Party;

- belong to one of the following categories.

1. Managers

Persons holding a senior position, who primarily direct the management of the host entity, receiving general

supervision or guidance principally from the board of directors of the business or equivalent. That position shall

include:

– directing the host entity or a department or sub-division of the host entity;

– supervising and controlling the work of other supervisory, professional or managerial employees;

– having the authority to recommend hiring, dismissing or other personnel action.

2. Specialists

Persons working within a juridical person who possess specialised knowledge essential to the host entity’s areas of

activity, techniques or management. In assessing such knowledge, account shall be taken not only of knowledge

specific to the host entity, but also of whether the person has a high level of qualifications including adequate

professional experience referring to a type of work or activity requiring specific technical knowledge, including

possible membership of an accredited profession.

Up to 3 years

Graduate trainees /

trainee employees9

Natural persons with a university degree who are transferred to a host entity for career development purposes or

in order to obtain training in business techniques or methods, and are paid during the transfer. Up to 1 year

8 Definition as in Directive 2014/66/EU

9 Directive 2014/66/EU


Business sellers


- are representatives of a services or goods supplier of one Party;

- are seeking entry and temporary stay in the territory of the other Party for the purpose of negotiating the sale

of services or goods, or entering into agreements to sell services or goods for that supplier;

- do not engage in making direct sales to the general public;

- do not receive remuneration from a source located within the host Party;

- are not commission agents.

Up to 90 days in any 12-month period

Contractual services

suppliers


- are employed by a juridical person of one Party, which itself is not an agency for placement and supply services

of personnel nor acting through such an agency, has not established in the territory of the other Party and has

concluded a bona fide contract to supply services with a final consumer in the latter Party, requiring the presence

on a temporary basis of its employees in that Party, in order to fulfil the contract to provide services;

- must be engaged in the supply of a service on a temporary basis as employees of a juridical person, which has

obtained a service contract not exceeding 12 months;

- should be offering such services as employees of the juridical person supplying the services for at least the year

immediately preceding the date of submission of an application for entry into the other Party;

- must possess, at the date of submission of an application for entry into the other Party, at least 3 years

professional experience in the sector of activity that is the subject of the contract.

- must possess a university degree or a qualification demonstrating knowledge of an equivalent level;

- must possess a professional qualification where this is required to exercise an activity pursuant to the laws,

regulations and legal requirements of the Party where the service is supplied;

- shall not receive remuneration for the provision of services in the territory of the other Party other than the

remuneration paid by the juridical person employing the natural person.

A cumulative period of not more than 6

months or, in the case of Luxembourg,

25 weeks in any 12-month period or for

the duration of the contract, whichever is

less.

Independent

professionals


- are engaged in the supply of a service;

- are established as self-employed in the territory of a Party who have not established in the territory of the other

Party;

- have concluded a bona fide contract (other than through an agency for placement and supply services of

personnel) to supply services with a final consumer in the latter Party, requiring their presence on a temporary

basis in that Party in order to fulfil the contract to provide services;

- must be engaged in the supply of a service on a temporary basis as self-employed persons established in the

other Party;

- must have obtained a service contract for a period not exceeding 12 months;

- must possess, at the date of submission of an application for entry into the other Party, at least 6 years

professional experience in the sector of activity that is the subject of the contract;

- must possess a university degree or a qualification demonstrating knowledge of an equivalent level;

- must possess a professional qualification where this is required to exercise an activity pursuant to the laws,

regulations or legal requirements of the Party where the service is supplied.

A cumulative period of not more than 6

months or, in the case of Luxembourg,

25 weeks in any 12-month period or for

the duration of the contract, whichever is

less.

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