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    Thinking of Starting a Business in the UK? Don’t Overlook Immigration!

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    Kasia Pasternak 10, October 2024
    Thinking of Starting a Business in the UK? Don’t Overlook Immigration!
    6:04

    When expanding or starting a business in the UK, immigration is a key factor you can't afford
    to ignore. For Polish entrepreneurs, in particular, navigating the post-Brexit landscape brings
    new challenges—but also great opportunities. Let's dive into what you need to know.

    A Long-Standing Partnership Between Poland and the UK
    A Long-Standing Partnership Between Poland and the UK

    Poland and the UK have maintained strong economic ties for centuries, dating back to
    Bolesław the Brave in the 11th century. Today, the UK remains an attractive destination for
    Polish businesses and start-ups, with Polish nationals making up the second-largest foreign-
    born community in the country. The UK’s position as the second-largest economy in Europe
    only adds to its appeal for Polish companies looking to expand their market.

    The New Reality Post-Brexit: What You Should Know

    While the UK still has a thriving Polish community, the business environment has changed
    since Brexit. Polish entrepreneurs must now navigate new immigration and visa
    requirements to set up or expand their businesses. Proper long-term business planning is
    essential to comply with these regulations and avoid unnecessary hurdles.


    The UK’s Evolving Immigration Landscape

    Immigration is a hot topic in UK politics. While the Labour government aims to tie
    immigration policy to economic growth, they also remain committed to managing migrant
    numbers. Entry to the UK is possible, but it requires thoughtful preparation to ensure
    success.

    Visitor Visas

    First Steps: Fact-Finding and Visitor Visas

    If you're in the early stages of exploring the UK as a business destination, a Visitor visa
    might be your first step. This allows you to visit the UK for short stays to attend meetings,
    sign contracts, promote your business at trade fairs, and more. However, be mindful of the
    rules: while you can conduct business discussions, selling directly is not allowed.
    Although Polish nationals don’t need a Visitor visa before arriving, from April 2025, they will
    need an Electronic Travel Authorisation (ETA) to enter the UK. The ETA system will screen
    travellers, making it more important than ever to comply with immigration laws.

    Innovator Founder Visa: For Big Ideas

    For Polish entrepreneurs with innovative business ideas, the Innovator Founder visa could
    be the right choice. This visa is designed for those with an innovative, scalable, and viable
    business idea, endorsed by a UK body. You'll need to actively manage and grow your
    business, but the visa allows for residence up to three years and can be extended or lead to
    permanent settlement.
    This option also works for entrepreneurial teams, not just solo founders, making it flexible for
    partnerships or joint ventures.

    UK Expansion Worker Visa: Setting Up a Branch

    If your business is already established abroad and you're ready to expand into the UK, the
    UK Expansion Worker visa might suit your needs. This visa allows senior managers or
    specialists from the parent company to set up a UK branch. While it offers a two-year
    residency, it can transition into a Skilled Worker visa, leading to longer-term opportunities in
    the UK.

    Skilled Worker Visa

    Skilled Worker Visa: Bringing in Talent

    Once your UK business is operational, you may need to bring skilled workers from Poland or
    elsewhere. The Skilled Worker visa allows UK-based businesses to hire non-British staff, but
    first, you’ll need to obtain a sponsor licence. This ensures the business complies with
    immigration regulations, such as record-keeping and reporting.
    The Skilled Worker visa ties the employee to the company and specific role, offering up to
    five years of residency with the potential for permanent settlement.
    Planning for Long-Term Success
    As you plan your business strategy, it's crucial to factor in the rising costs of UK immigration.
    After the substantial increase in immigration costs in April 2024, finding a cost-effective
    solution that meets your business needs is crucial. Whether you're in the early planning
    stages or ready to expand, understanding UK immigration requirements is key to your
    success.


    In short, while the UK's post-Brexit immigration landscape presents challenges, it also offers
    numerous avenues for Polish businesses to grow and thrive. With careful planning, the UK
    can be the perfect destination to take your business to the next level.

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    Article prepared by Kasia Pasternak, Senior Manager and immigration lawyer at Fragomen.
    Kasia specialises in advising companies and individuals on all aspects of immigration law.
    Contact Kasia: on +44 (0) 7715 056

     

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