The UK is one of the best places in the world to launch and grow a digital business. Whether you are a tech entrepreneur seeking to launch a digital startup in the UK or an existing tech business wishing to hire top talent, our UK immigration barristers are well versed in all the immigration routes available to the digital sector. Our specialist immigration barristers work closely with tech entrepreneurs and digital startups to ensure that their immigration requirements are met. Providing a completely outsourced immigration service, our immigration barristers design immigration solutions that ensure that entrepreneurs can launch their digital businesses in the UK and recruit the talent that they need, in full compliance with UK immigration law. For advice and assistance with applying for a UK visa as a tech entrepreneur or digital talent, contact our immigration barristers and lawyers in Covent Garden, London on 020 3617 9173 or by email to info@richmondchambers.com.

1. IMMIGRATION ROUTES FOR
TECH STARTUPS
AND DIGITAL TALENT

2. IMMIGRATION ROUTES FOR
TECH STARTUPS
AND DIGITAL TALENT
The UK is one of the best places in the world to launch and grow a digital business.
Whether you are a tech entrepreneur seeking to launch a digital startup in the UK or an
existing tech business wishing to hire top talent, our UK immigration barristers are well
versed in all the immigration routes available to the digital sector.
Our specialist immigration barristers work closely with tech entrepreneurs and digital startups to ensure that their immigration
requirements are met. Providing a completely outsourced immigration service, our immigration barristers design immigration solutions
that ensure that entrepreneurs can launch their digital businesses in the UK and recruit the talent that they need,
in full compliance with UK immigration law.

3. About us
Richmond Chambers LLP is an award-winning, innovative
partnership of specialist immigration barristers and other
immigration law professionals. Based in the London digital hub,
a short walk from Google’s London HQ in Covent Garden, we are
ideally located to service the immigration and visa requirements
of digital sector professionals and tech companies, within the UK
and overseas.
Winner of the ‘Best Immigration Set of the Year - UK’ award
at the Global Mobility and Immigration Awards 2014, Winner
of the ‘Best Emerging Firm’ award at the MPF Awards for
Management Excellence 2014 and Winner of the ‘ABS of the Year’
award at the Modern Law Awards 2014, our forward-thinking
barrister-led law firm delivers creative immigration law solutions
to entrepreneurs and digital businesses across the fintech,
ecommerce, robotics and media tech, artificial intelligence,
gaming, bioscience and hardware sectors.
Our team of immigration barristers has experience in assisting all
types of digital industry workers and employers, from individual
entrepreneurs seeking to launch or invest in tech startups to
established digital businesses seeking to hire top talent. We are
experts in immigration options for tech companies and digital
professionals and will guide you through the complex Home
Office rules and policies. We also understand that you will have
other employment-related considerations as well as immigration,
and will work with you to ensure that the visa application
process runs smoothly, enabling you to meet your professional
commitments. We will simplify the procedure for you and help to
protect you from any immigration compliance issues.
We are a highly driven team, dedicated to providing clear
and reliable immigration advice to the digital industry as part
of a professional and friendly service. Working closely with
entrepreneurs, angel investors, venture capitalist firms and
crowdfunding platforms, we are constantly seeking to innovate
and embrace technology as a means of making the visa
application and immigration appeal process simpler for our clients
throughout the world. We pride ourselves on being approachable
and proactive in understanding and meeting our clients’ needs.
For advice and assistance with launching a digital startup
in the UK or employing a talented digital sector worker
from abroad, contact our immigration barristers and lawyers
in Covent Garden, London on 020 3617 9173 or by email to
info@richmondchambers.com

4. General visa information
One in seven of all UK companies has been founded by a migrant entrepreneur,
and many of the UK’s leading startups, including TransferWise, Seedrs,
Skimlinks, DueDil and YPlan were founded by international teams. If you want
to start a technology business, or work as a digital professional in the UK, you
will normally need to have a visa under one of the tiers of the points-based
system. The points-based system has special categories and rules for those
in the digital industry. In some categories you will need to be sponsored by
an employer, whilst other categories allow employment and investment in
the digital economy without sponsorship. If you are going to be in the UK for
a single event or activity such as attending a tech conference or trade fair, a
visitor visa may be more appropriate.
The main immigration routes available to tech startups and digital workers are:
J Visit (Standard) – Business visa;
J Representative of Overseas
Business visa;
J Tier 1 Exceptional Talent visa;
J Tier 1 Entrepreneur visa;
J Tier 1 Graduate Entrepreneur visa;
J Tier 2 General visa;
J Tier 2 Intra-company transfer (ICT)
visa;
J Tier 5 Youth Mobility Scheme (YMS)
visa.

5. Digital Sector Employers
If your technology business wishes to employ a worker from
outside the European Economic Area, the employee must obtain,
or already have, permission to work. You will be required to check
that all your employees have the required immigration permission
to work for you in the UK.
The following categories of people have the right to work in the UK:
J British Citizens (This is the only form of British nationality
where the holder automatically has the right to work. British
Nationals, British Nationals (Overseas), British Overseas Territories
Citizens, British Overseas Citizens, British Subjects and British
Protected Persons do not normally have the automatic right to
work in the UK);
J EEA citizens and citizens of Switzerland;
J Those with the right of abode in the UK;
J Those with no time limit on their stay in the UK; and
J Those with a visa or permission to remain in the UK which
permits work (This may be subject to conditions, such as a
maximum number of hours to be worked in a week, which must
be complied with).
Students may have permission to work, but if they do, this
will be limited during term time. Some individuals with
applications pending with the Home Office may also have
permission to work in the UK. In this case you will need to
obtain a Positive Verification Notice from UKVI’s Employer
Checking Service.

6. Visit (Standard) – Business visa
The individual will be permitted to undertake a wide range of
business activities in the UK, including but not limited to:
J Attend or speak at meetings, conferences, seminars and
interviews;
J Negotiate and sign deals and contracts;
J Attend trade fairs for promotional work;
J Carry out site visits and inspections;
J Gather information for an overseas employer;
J An employee of an overseas company can advise, consult,
troubleshoot and share knowledge with UK employees of the
same corporate group.
The Visit (Standard) – Business visa is
designed for non-EEA nationals who
wish to come to the UK for a short period
for the purpose of undertaking business
activities.
The Visit (Standard) – Business visa will allow individuals
to undertake a wide range of business activities in the UK.
Individuals in this category are not permitted to undertake paid
or unpaid work for a UK company. If you wish for the individual
to undertake work whilst they are in the UK, you should consider
applying for one of the other work visas below.
The Visit (Standard) – Business visa is normally granted for
6 months.

7. Representative of Overseas Business Visa
The Representative of Overseas Business
visa is designed for senior employees
of overseas technology businesses that
are seeking to establish a commercial
presence in the UK.
The person you are seeking to send to the UK must be a senior
employee who has full authority to take operational decisions on
behalf of the business. They must not intend to take any other
employment whilst in the UK and must hold less than 50% of the
shares in the overseas business. They will also need to show that
they can maintain and accommodate themselves adequately in
the UK and that they can speak English to the required standard.
UK Visas and Immigration will expect to see that the person
has held a senior role previously and that, if required as part of
their existing role, they have a good track record of establishing
companies.
UK Visas and Immigration will assess whether the overseas
parent company is a genuine commercial enterprise, taking
into consideration its turnover (in order to show that the parent
company is actively trading), its registered office (which must
be outside the UK) and the type of business (which must be the
same as the intended business in the UK). The foreign business
must be trading at the time the application is made and the
intention must be to keep the principal business outside of the UK,
but to establish a branch or subsidiary in the UK.
Representatives of Overseas Business visa holders must work full
time for the UK branch or subsidiary and cannot undertake any
other work. Employees in the UK under this category may settle in
the UK after 5 years. They may bring their dependent spouse and
children to the UK.

8. Tier 1 Exceptional Talent Visa
The Tier 1 Exceptional Talent visa is for digital technology professionals who are
internationally recognised as world leaders (exceptional talent) in their field and who
wish to work in the UK.
There are two stages to applying for a Tier 1 Exceptional Talent
visa as a digital professional.
Stage 1 – apply for endorsement: you must apply for an
endorsement from Tech City. Tech City will consider your
application against a number of eligibility and assessment criteria.
Successful applicants will be currently engaged professionally
as practitioners in the digital technology field and be able to
evidence a substantial track record at a high level in at least one
country other than their country of residence. You will need to
be established as a world-leading recognised expert in your field
within the digital and tech industry and professionally engaged
in producing work of outstanding quality. Tech City will expect
applicants to demonstrate recent and regular activity. You will be
either an entrepreneur or employee who has published (other than
exclusively in newspapers or magazines), distributed, exhibited
internationally or established businesses. Other professional
practice will be considered in the context of company success,
industry recognition and individual endorsement.
If your application is endorsed, you can then move on to stage 2
of the process.
Stage 2 – apply for the visa: after being endorsed, you may
then apply for your visa. You must apply outside the UK unless
you are in the UK with leave to remain under Tier 1, Tier 2 or as a
Tier 5 Temporary Worker migrant, sponsored in the Government
Authorised Exchange sub-category in an exchange scheme for
sponsored researchers. There is no requirement to make any
investment, or create any jobs. You may start your own company
or work for others.
If your visa application is granted, you will be allowed to live and
work in the UK for up to 5 years. After 5 years you can apply to
extend your visa, or apply to settle in the UK permanently. To
extend your visa or settle in the UK, you will need to show that you
engaged in some paid activity in the UK as a result of employment
or self-employment in your expert field.

9. Tier 1 Entrepreneur Visa
The Tier 1 Entrepreneur visa is designed for individuals who are seeking to set up
or invest in, and be actively involved in the running of, a digital technology business
in the UK.
For an initial entrepreneur visa application to succeed, you will
need to show that you have access to:
J £200,000; or
J £50,000 if it is provided by a registered venture capitalist firm,
UK entrepreneurial seed funding competition or UK Government
Department; or
J £50,000 if you are currently in the UK as a Tier 1 Graduate
Entrepreneur or as a Tier 1 Post Study Work migrant.
You can rely on your own money (including money that has
been gifted to you) or money that is held in any third parties’
account provided that they confirm that the funds are available
to you for investment in a business. The funds must be held in
a regulated financial institution and, if outside the UK, be freely
transferable to the UK. You and one other person can apply
together as an ‘entrepreneurial team’ as long as you both have
equal access to the money.
You will need to be competent in the English language to at least
CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening
and speaking) and have enough additional money to support
yourself without relying on public funds.
You will also need to satisfy the Home Office that you genuinely
intend and are able to be actively involved in the running of a new
or existing UK business and that you have a viable and credible
business plan.
If you are currently in the UK as a Tier 1 Post Study Work migrant
or Tier 1 General, you will only be able to switch into the Tier 1
Entrepreneur category if you set up a business before 11 July 2014
for those in the PSW category and before 6 April 2015 for those
in the Tier 1 General category, have been continuously engaged in
business activity since and are working in an occupation skilled to
National Qualifications Framework level 4 or above.

10. If your visa application is granted, you will be allowed to
live and work in the UK for up to 3 years initially. Your family
members may accompany you as your dependents.
After 3 years you can apply to extend your stay. To
extend your stay in the UK, you will need to show that
you registered as a director or as self-employed within
6 months of entering the category, you have invested
£50,000 or £200,000 (as appropriate) in a new or existing
business and created the equivalent of at least 2 new
full-time jobs for members of the settled population. After
you have spent 5 years in the UK as a Tier 1 Entrepreneur,
you will be eligible to apply to settle in the UK permanently.
It is possible to apply for settlement after 3 years if you
create at least 10 new jobs or your business has an
income of £5 million over the 3 year period.
At the extension and settlement stages you will need to
satisfy the Home Office that you have genuinely been an
Entrepreneur during your stay in the UK and intend to
continue to be an entrepreneur in the UK in the future

11. Tier 1 Graduate Entrepreneur Visa
If you have recently finished university in the UK, and would like to set up your own
digital business, you may be able to apply to enter or remain in the UK as a Tier 1
Graduate Entrepreneur.
An application for a Graduate Entrepreneur visa can be made
either from outside the UK or from within the UK if you have,
or last had, permission to stay as a Tier 4 Student (or in various
other Student categories), Tier 2 General Skilled Worker (if
granted leave to work as a post-doctoral researcher for the same
institution which is endorsing your application as a Tier 1 Graduate
Entrepreneur) or you are looking to extend in this category. Your
family members may accompany you as your dependents.
For an initial application for entry clearance or leave to remain as a
Graduate Entrepreneur, you will need to show that:
J You have been awarded a degree qualification which meets or
exceeds the recognised standard of a Bachelor’s degree in the
UK (this may be a UK or overseas degree, but if relying on an
overseas degree then UK NARIC must confirm the equivalency
of the level of the qualification);
J You have been endorsed by a UK Higher Education Institution or
UK Trade and Investment;
J The endorsement confirms that the endorsing body has assessed
you and considers that you have a genuine and credible business
idea and you will spend the majority of your working time on
developing business ventures (if applying to extend your stay as a
Graduate Entrepreneur, the endorsement must also confirm that
you have made satisfactory progress in developing your business
since your current leave was granted).
In addition, you will need to satisfy UK Visas and Immigration that
you can speak and understand English to a required standard and
that you have enough maintenance funds to support yourself.
If your application is successful, you will be granted entry clearance
or leave to remain for a period of one year. Before your leave expires,
you can then extend your stay for one more year if your university
or college still endorses you and confirms that you have made
satisfactory progress in developing your business. Alternatively,
Graduate Entrepreneurs can apply for further leave to remain in the
Tier 1 Entrepreneur category if they have access to at least £50,000.
The Tier 1 Entrepreneur category can lead to settlement in the UK.

12. Tier 2 General Visa
The Tier 2 General visa is one of two main visas available to digital industry employers
who wish to employ skilled digital technology workers in the UK (the other being the
Tier 2 Intra-company Transfer visa). Your company must already be operating in the UK
and hold a Tier 2 Sponsor Licence.
The Tier 2 General visa is for employees who are needed in the UK
for a role where the position cannot be filled by a settled or EEA
worker. The role the worker will perform must generally appear on
the list of occupations skilled to NQF level 6 or above as stated in
the Codes of Practice. This would include positions such as:
You will also usually need to show that you have advertised the
role, referred to as the Resident Labour Market Test. However,
jobs in shortage occupations are exempt and do not need to be
advertised.
You will need to satisfy UK Visas and Immigration that the job
offer is a genuine vacancy and that the employee is appropriately
qualified or registered to do the job.
You will need to ensure that the employee is paid a minimum of
£20,800 or the minimum for the specific role according to the
Codes of Practice. The employee must demonstrate that they are
competent in the English language. The employee must also show
that they have sufficient funds to support themselves and their
dependents. Alternatively, you may certify that you will maintain
the employee and their family.
J programmers and software
engineers
J web designers
J web developers
J IT consultants
J software testers
J business development
managers
J marketing directors
J business analysts and
consultants

13. A migrant who is in the UK under Tier 1, 2, 4 or 5 of the
Points-Based System may be able to switch into the Tier 2
General category. If the migrant is a Tier 4 General Student
or a Tier 1 Post Study Work migrant, they may be able to
switch into Tier 2 General without the need for a Resident
Labour Market Test. Tier 2 General migrants may bring their
dependent partners and children with them to the UK.
It will normally be possible to extend the employee’s
visa if they are still working in the same role for you and
you will not normally need to advertise the role again.
If eligible, a Tier 2 General migrant may settle in the
UK after 5 years. If the migrant does not settle in the
UK, the maximum duration of stay as a Tier 2 General
skilled worker is 6 years. Tier 2 General migrants must
leave the UK on the expiry of their leave and wait
12 months (the ‘cooling off period’) before applying
to return in a Tier 2 category, unless they are paid
more than £155,300 per annum or were previously
sponsored for a period of 3 months or less.

14. Tier 2 Intra-Company Transfer (ICT) Visa
The Tier 2 Intra-Company Transfer (ICT) visa enables multinational employers to
transfer their existing employees to their UK branch for training purposes or to fill
a specific vacancy.
Your company must already be operating in the UK and must
hold a Tier 2 Sponsor Licence. The overseas company that the
employee is transferring from must be listed as a linked entity on
your Tier 2 Sponsor Licence.
There are four types of Intra-company Transfer visa: Short Term
Staff, Long Term Staff, Graduate Trainee and Skills Transfer.
Short Term Staff: This visa is for employees who are needed in the
UK for 12 months or less and where the position cannot be filled
by a settled or EEA worker. The employee must have worked for
an overseas branch of the company for at least 12 months. The
maximum duration of stay on this visa is 12 months. The employee
must be paid a minimum of £24,800 or the minimum for the
specific role according to the Codes of Practice.
Long Term Staff: This visa is for employees who are needed in
the UK for a period of 12 months or more and where the position
cannot be filled by a settled or EEA worker. The employee must
have worked for an overseas branch of the company for at least
12 months. The employee must be paid at least £41,500 or the
minimum for the role according to the Codes of Practice. The
maximum duration of stay on this visa is 5 years, or 9 years if the
employee earns over £155,300 per annum.
Graduate Trainee: This visa is for employees who have recently
graduated and who will participate in a graduate training
programme for a specialist role. The employee should be a recent
graduate and have had at least 3 months’ experience with your
overseas branch. The maximum duration of stay on this visa is 12
months. You will only be able to sponsor 5 employees per year
under this route.

15. Skills Transfer: This visa is designed for transferring new and graduate
employees to the UK base of an overseas company for the purpose of
gaining skills and knowledge or to train others in the UK. There is no minimum
amount of time for which the visa holder must have been with your overseas
branch. The maximum duration of stay on a Skills Transfer visa is 6 months.
All ICT categories: The role the worker will perform must normally appear
on the list of occupations skilled to NQF level 6 or above as stated in the
Codes of Practice. Tier 2 ICT migrants may bring their dependent partners
and children with them to the UK.
It will normally be possible to extend the employee’s visa if they are still
working in the same role for you, until they reach the maximum duration
for their visa category listed above. Tier 2 ICT migrants must leave the UK
on the expiry of their leave and wait 12 months (the ‘cooling off period’)
before applying to return in a Tier 2 category, unless they are paid more than
£155,300 per annum or were previously sponsored for a period of 3 months
or less. The only other exceptions to the cooling off period are for Short Term
Staff, Skills Transfer or Graduate Trainee migrants who may apply to re-enter
the UK as Tier 2 (ICT: Long Term Staff) migrants without waiting for
12 months.
The key difference between the Tier 2 General and Tier 2 ICT routes is that
those who entered the UK in the Tier 2 ICT category after 6th April 2011
cannot ‘settle’ in the UK. Therefore, if you think you will need the person in
the UK permanently you may wish to consider the Tier 2 General category.

16. Tier 5 Youth Mobility Scheme (YMS) Visa
The Tier 5 Youth Mobility Scheme visa allows citizens of certain countries
aged between 18 and 30 to live and work in the UK for up to 2 years.
Currently, citizens of Australia, Canada, Japan, Monaco and New
Zealand are eligible for a Tier 5 Youth Mobility Scheme visa. British
Overseas Citizens, British Overseas Territories Citizens and British
Nationals (Overseas) are also eligible to apply. Citizens of Hong
Kong, the Republic of Korea and Taiwan are also eligible for a
Tier 5 YMS visa if they are sponsored by a relevant government
department in their home country. Family members cannot
accompany Tier 5 YMS migrants as their dependents, but must
instead apply separately.
Applicants must satisfy a maintenance funds requirement and not
have any children under 18 who live with them or for whom they
are financially responsible. They must also not previously have
been in the UK under the Tier 5 Youth Mobility Scheme or in the
former ‘Working Holidaymaker’ category.
If your application for a Tier 5 Youth Mobility Scheme visa is
successful, you will be free to work in the United Kingdom. You
will also be able to be self-employed and set up a company,
provided that the company premises are rented, your company
equipment is worth not more than £5,000 and you do not have
any employees.

17. Visit (Standard)
– Business visa
Representative
of an Overseas
Business
Tier 1
(Exceptional
Talent)
Tier 1
(Entrepreneur)
Tier 1
(Graduate
Entrepreneur)
Tier 2
(Intra Company
Transfer)
Tier 2
(General)
Tier 5
(Youth Mobility
Scheme))
Maximum
length of initial
visa
6 months* 3 years 5 years 3 years 1 year 5 years 5 years 2 years
Extension 7
Extensions of
2 years for an
unlimited period
Extensions of
5 years for an
unlimited period
Extensions of
2 years for an
unlimited period
Extensions of
1 year for up to
2 years in total
Up to 5 years
in total
(9 years for
high earners**)
Up to 6 years
in total 7
Settlement 7 3 3 3
7
Possible to
switch to Tier 1
(Entrepreneur)
7 3 7
Sponsor
Licence
required
7 7 7 7 7 3 3 7
Minimum salary
requirement 7 7 7 7 7
£24,800
(short term staff,
skills transfers
and graduate
trainees),
£41,500
(long term staff)
or occupation
minimum
£20,800
or occupation
minimum
7
Restrictions
Permitted
Entertainer or
Business Visitor
activities only
Can only work
for business
sending
representative
Engagements
only
Must be
endorsed.
No work as a
doctor or dentist
in training
Can only
work for own
business
No work as
a professional
sportsperson,
doctor or dentist
in training
Must work
for sponsoring
employer
Must work
for sponsoring
employer
No work as
a professional
sportsperson,
doctor or dentist
in training
Dependents 7 3 3 3 3 3 3 7
* It is also possible to obtain a Visit (Standard) – Business visa for up to 1 year, 2 years, 5 years or 10 years. However, each visit must last no more
than 6 months.
** A high earner is someone whose salary is £155,300 or more.

18. At Richmond Chambers LLP, our immigration barristers provide expert advice to the digital industry on UK visa and immigration requirements.
We assist tech entrepreneurs to launch their digital businesses in the UK and recruit the talented digital sector professionals that they need.
For advice and assistance with applying for a UK visa as a tech entrepreneur or digital talent, please contact our immigration barristers and lawyers
in Covent Garden, London on 020 3617 9173 or by email to info@richmondchambers.com.
Seven Henrietta Street | Covent Garden | London WC2E 8PS
Tel 020 3617 9173 | Fax 020 3004 1611 | Email info@richmondchambers.com | www.richmondchambers.com