Business Immigration: Setting Up a UK Subsidiary or Branch—Visa Options for Entrepreneurs and Investors
For entrepreneurs, investors or overseas businesses looking to expand into the UK by establishing a subsidiary or branch, navigating UK immigration and employment law is critical. There are several visa routes to consider—including the Innovator Founder visa, Start-Up visa, investor migration (limited by current policy), and former Sole Representative (now replaced)—each with specific eligibility criteria, benefits, and legal implications. At NA Law Solicitors, we specialise in UK business immigration and employment law, offering tailored advice and support to individuals and corporations seeking to establish or scale their operations in the UK.
Overview of Business Immigration and Corporate Presence in the UK
When a foreign company wishes to establish a UK presence—either through a branch (direct arm of the parent company) or a wholly-owned subsidiary (UK-incorporated entity)—it must consider both corporate law and immigration law. Having a legal entity registered with Companies House, tax registration, PAYE scheme for employees, and trade licence (if required) are all essential from a corporate governance standpoint. Immigration routes for key individuals—founders, senior executives, investors—depend on which visa category applies and whether the route is open for new applicants. NA Law Solicitors helps you assess your business plan, structure your UK entity, and determine which immigration pathway aligns with your goals.
The Innovator Founder Visa: Entrepreneurial Innovation, Viability & Growth
The Innovator Founder visa replaces prior “Innovator” and “Start-Up” visa routes for experienced entrepreneurs seeking to introduce an innovative, viable and scalable business in the UK. Applicants must secure endorsement from an approved endorsing body that evaluates the business idea to ensure it meets the criteria of innovation, viability and scalability.
Key requirements include:
- Being at least 18 years old; meeting English language requirements (usually CEFR Level B2) unless exempted
- Access to funds for self-support (e.g. maintaining at least £1,270 in one’s bank account for 28 consecutive days if applying from outside or less than 12 months in the UK)
- Endorsement letter issued no more than three months before application, assessing your business plan
Once granted, the visa is typically valid for three years, with the possibility to extend. After continuous residence under the Innovator Founder visa for three years—and meeting conditions including progress toward business plan goals and endorsement—you may be eligible to apply for indefinite leave to remain (ILR).
Start-Up Visa: Early-Stage Entrepreneurs
The Start-Up visa was designed for individuals launching a first business venture but was phased out in April 2023. Currently, new applicants should explore the Innovator Founder visa as the primary route for entrepreneurial immigration.
That said, legacy Start-Up visa holders can often transition to other business migration routes with the assistance of an experienced solicitor to ensure compliance and maintain continuity. At NA Law Solicitors, we guide our clients through switching visa status, complying with endorsing body expectations, and positioning for long-term settlement.
Investor Migration: Golden Visa & Investor Visas—Status and Alternatives
The UK’s formal “Investor visa” (or Tier 1 Investor / golden visa) route—which enabled individuals to obtain residency in exchange for high-value investment—was officially closed to new applicants in February 2022.
Current policy as of mid-2025 has not revived a broadly available investor migration route: instead, limited proposals are under discussion, particularly focusing on “strategically important” sectors such as AI, clean energy or life sciences. Critics and policy analysts continue debating economic return, security risk, transparency, and regulatory safeguards.
For investors seeking entry via business investment, alternative routes include the Innovator Founder visa (if intending to run an original and innovative business), or investment via private enterprise in existing UK businesses under other visa categories—always guided by Home Office rules on investment, endorsement and business genuineness.
Sole Representative and Representative of an Overseas Business Route
The Sole Representative visa previously enabled overseas companies to send a senior employee to the UK to establish and supervise a UK branch or subsidiary. That category closed to new applicants on 11 April 2022. Existing holders may extend or apply for settlement under legacy rules.
Currently, the Representative of an Overseas Business route remains open only in limited cases—e.g. for employees of overseas media organisations (newspapers, news agencies, broadcasters) posted to the UK. The standard route for expansion now is part of the UK’s Global Business Mobility (GBM) framework, particularly the UK Expansion Worker visa, which requires sponsoring, compliance duties, and does not provide direct settlement.
Eligibility under the old Sole Representative route required:
- The overseas business must be genuinely trading, with principal place of business outside the UK; intent to establish branch or subsidiary in the same business activity; no existing active UK presence.
- The representative must be a senior employee, not a majority owner, capable of negotiating and making operational decisions on behalf of the overseas business; full-time employment with the parent company; and meet language requirements.
Corporate Pathways: Branch vs Subsidiary Setup
Choosing between a branch or a subsidiary has significant legal, tax, governance, and liability implications:
- Branch: Not a separate legal entity; directly part of the overseas business. Profits taxed in the UK only for operations conducted here; parent company remains liable for contractual and operational obligations in UK. Requires more transparency in accounting.
- Subsidiary: Separate UK-incorporated company wholly owned by the overseas parent. Limited liability; only UK entity’s operations subject to UK regulation. Cleaner separation of finances and liabilities.
NA Law Solicitors advises on the corporate structure that best aligns with business operations, shareholder arrangements and risk tolerance. We also help satisfy registration obligations (Companies House), UK tax and employment obligations, and compliance with UK immigration when key personnel are brought in under any of the routes described above.
How NA Law Solicitors Can Assist You
With deep expertise in UK immigration and employment law, NA Law Solicitors offers comprehensive guidance for businesses and individuals seeking to establish or expand a UK presence. We can help with:
- Assessing eligibility for Innovator Founder visa and guiding the endorsement process
- Advising on business planning, corporate structure (branch or subsidiary), and compliance with UK company law
- Reviewing alternative visas, especially for those who held old Start-Up, Innovator or Sole Representative visas, or whose current status requires renewal or switching
- Drafting legal documents—employment contracts, board resolutions, shareholder agreements—that satisfy Home Office and employment law standards
- Preparing applications for settlement (ILR), family dependents, and ensuring continuous residence, language and endorsement conditions are met
We also provide immigration compliance support for businesses bringing overseas talent under Global Business Mobility or similar sponsor-based visas.
Contact Us Today
If you are an entrepreneur, investor or overseas business considering setting up a UK branch or subsidiary, or navigating complex immigration pathways, we are ready to assist. Call us on 0203 5245439 or email us for a confidential consultation. Let NA Law Solicitors guide you through UK immigration and business law, making your entry or expansion into the UK as seamless and secure as possible.
