Entrepreneur

This type of visa is for someone who wants to set up a business within the Bailiwick of Guernsey.

**201.** The requirements to be met by a person seeking leave to enter the Bailiwick of Guernsey to establish himself in business are that he has the approval of the [Committee for Home Affairs] and – (i) that he satisfies the requirements of either paragraph 202 or paragraph 203, and (ii) that he has not less than £200,000 of his own money under his control and disposable in the Bailiwick of Guernsey which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the Bailiwick of Guernsey, and (iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds, and (iv) that he will be actively involved full-time in trading or providing services on his own account or in partnership, or in the promotion and management of the company as a director, and (v) that his level of financial investment will be proportional to his interest in the business, and (vi) that he will have either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment, and

(ii) that he has not less than £200,000 of his own money under his control and disposable in the Bailiwick of Guernsey which is held in his own name and not by a trust or other investment vehicle and which he will be investing in the business in the Bailiwick of Guernsey, and (iii) that until his business provides him with an income he will have sufficient additional funds to maintain and accommodate himself and any dependants without recourse to employment (other than his work for the business) or to public funds, and

This type of visa is for someone who wants to set up a business within the Bailiwick of Guernsey.

**204.** A person seeking leave to enter the Bailiwick of Guernsey to establish himself in business may be admitted for a period not exceeding 2 years with a condition restricting his freedom to take employment provided he is able to produce to the Immigration Officer, on arrival, a valid entry clearance for entry in this capacity. <u><strong>Refusal of leave to enter the Bailiwick of Guernsey as a person seeking to</strong></u> <u><strong>establish himself in business.</strong></u> **205.** Leave to enter the Bailiwick of Guernsey as a person seeking to establish himself in business is to be refused if a valid entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. ## Requirements for an extension of stay in order to remain in business. **206.** The requirements for an extension of stay in order to remain in business in the Bailiwick of Guernsey are that the applicant has the continued approval of the [Committee for Home Affairs] and can show – (i) that he entered the Bailiwick of Guernsey with a valid entry clearance as a businessman, and (ii) audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the Bailiwick of Guernsey, and (iii) that he is actively involved on a full-time basis on trading or providing services on his own account or in partnership or in the promotion and management of the company as a director, and (iv) that his level of financial investment is proportional to his interest in the business, and (v) that he has either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment, and (vi) that he is able to bear his share of any liability the business may incur, and (vii) that there is a genuine need for his investment and services in the Bailiwick of Guernsey, and (viii) (a) that where he has established a new business, significant new full-time paid employment has been created in the business for persons settled in the Bailiwick of Guernsey or that the establishment of the new business has otherwise been in the general interests of the Bailiwick of Guernsey, or (b) that where he has taken over or joined an existing business, his services and investment have resulted in a significant net increase in the employment provided by the business to persons settled here or that his services and investment have otherwise been in the general interests of the Bailiwick of Guernsey, and (ix) that his share of the profits of the business is sufficient to maintain and accommodate him and any dependants without recourse to employment (other than his work for the business) or to public funds, and (x) that he does not and will not have to supplement his business activities by taking or seeking employment in the Bailiwick of Guernsey other than his work for the business. ### NOTE *In paragraph 206 of these Rules, the words in square brackets were* *substituted by the Organisation of States' Affairs (Transfer of Functions)* *Ordinance, 2016, section 2, Schedule 1, paragraph 6(a), with effect from 1st* *May, 2016.* ## Extension of stay in order to remain in business. **207.** An extension of stay in order to remain in business with a condition restricting his freedom to take employment may be granted for a period not exceeding 3 years at a time provided the Lieutenant Governor is satisfied that each of the requirements of paragraph 206 is met. ## Refusal of extension of stay in order to remain in business. **208.** An extension of stay in order to remain in business is to be refused if the Lieutenant Governor is not satisfied that each of the requirements of paragraph 206 is met. --- ## Indefinite leave to remain for a person established in business. **209.** Indefinite leave to remain may be granted, on application, to a person established in business provided he – (i) has spent a continuous period of 5 years in the Bailiwick of Guernsey in this capacity and is still engaged in the business in question, and

**204.** A person seeking leave to enter the Bailiwick of Guernsey to establish himself in business may be admitted for a period not exceeding 2 years with a condition restricting his freedom to take employment provided he is able to produce to the Immigration Officer, on arrival, a valid entry clearance for entry in this capacity. <u><strong>Refusal of leave to enter the Bailiwick of Guernsey as a person seeking to</strong></u> <u><strong>establish himself in business.</strong></u> **205.** Leave to enter the Bailiwick of Guernsey as a person seeking to establish himself in business is to be refused if a valid entry clearance for entry in this capacity is not produced to the Immigration Officer on arrival. ## Requirements for an extension of stay in order to remain in business. **206.** The requirements for an extension of stay in order to remain in business in the Bailiwick of Guernsey are that the applicant has the continued approval of the [Committee for Home Affairs] and can show – (i) that he entered the Bailiwick of Guernsey with a valid entry clearance as a businessman, and (ii) audited accounts which show the precise financial position of the business and which confirm that he has invested not less than £200,000 of his own money directly into the business in the Bailiwick of Guernsey, and (iii) that he is actively involved on a full-time basis on trading or providing services on his own account or in partnership or in the promotion and management of the company as a director, and (iv) that his level of financial investment is proportional to his interest in the business, and (v) that he has either a controlling or equal interest in the business and that any partnership or directorship does not amount to disguised employment, and (vi) that he is able to bear his share of any liability the business may incur, and (vii) that there is a genuine need for his investment and services in the Bailiwick of Guernsey, and (viii) (a) that where he has established a new business, significant new full-time paid employment has been created in the business for persons settled in the Bailiwick of Guernsey or that the establishment of the new business has otherwise been in the general interests of the Bailiwick of Guernsey, or (b) that where he has taken over or joined an existing business, his services and investment have resulted in a significant net increase in the employment provided by the business to persons settled here or that his services and investment have otherwise been in the general interests of the Bailiwick of Guernsey, and (ix) that his share of the profits of the business is sufficient to maintain and accommodate him and any dependants without recourse to employment (other than his work for the business) or to public funds, and (x) that he does not and will not have to supplement his business activities by taking or seeking employment in the Bailiwick of Guernsey other than his work for the business. ### NOTE *In paragraph 206 of these Rules, the words in square brackets were* *substituted by the Organisation of States' Affairs (Transfer of Functions)* *Ordinance, 2016, section 2, Schedule 1, paragraph 6(a), with effect from 1st* *May, 2016.* ## Extension of stay in order to remain in business. **207.** An extension of stay in order to remain in business with a condition restricting his freedom to take employment may be granted for a period not exceeding 3 years at a time provided the Lieutenant Governor is satisfied that each of the requirements of paragraph 206 is met. ## Refusal of extension of stay in order to remain in business. **208.** An extension of stay in order to remain in business is to be refused if the Lieutenant Governor is not satisfied that each of the requirements of paragraph 206 is met. --- ## Indefinite leave to remain for a person established in business. **209.** Indefinite leave to remain may be granted, on application, to a person established in business provided he – (i) has spent a continuous period of 5 years in the Bailiwick of Guernsey in this capacity and is still engaged in the business in question, and