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Isle of man Immigration and law
Isle of Man Innovator
The “Business Migrant”(Isle of Man Innovator) route offers the opportunity for people without British or Irish citizenship to set up or run a business in the Isle of Man. The route offers significant advantages over the equivalent route in the UK for those who choose the Isle of Man (IOM) as the location for their business. There is only one endorsing body, the Isle of Man Government Department for Enterprise, which is responsible for encouraging inward investment and business migration into the Isle of Man meaning there is no additional requirement to persuade any other registered bodies like universities or tech incubators to endorse your business plan. Other advantages include a business-friendly environment with excellent access to UK markets, a less stringent test for determining a business’s innovative edge and applicants do not need to pay the NHS surcharge applicable in the UK.
The Isle of Man Innovator visa is for individuals with prior business experience who have GBP50,000 to invest and who intend to create jobs in the Isle of Man. The job creation criteria are less burdensome than the UK equivalent.
How to get endorsed by the Isle of Man Government Department for Enterprise (“The Department”)
An application for a Letter of Endorsement must be submitted to the Department with a comprehensive business plan proving that your business idea is genuine and original and that it meets new or existing market needs and/or creates a competitive advantage.
The Department will review and assess the proposed business venture, in accordance with its endorsement policy, and if successful the Department will issue a Letter of Endorsement.
The Letter of Endorsement forms the basis of the application under the Isle of Man Innovator route.
We can assist you with every aspect of this process from informal scoping discussions with the Department right through to the business plan writing and submission phase so please get in touch with us and our consultants will be happy to assist you.
How to qualify for the Isle of Man Innovator Visa
In addition to obtaining a Letter of Endorsement, you must also:
– Be 18 years or older.
– You must have investment funds of at least GBP50,000 to invest in the business venture (subject to certain limited exceptions). If you are moving up from the Start-up route, this amount might not be needed. However, all new applicants will be required to have the minimum funds and be able to invest such funds freely. You may apply as part of a team, however, in this scenario, each team member will be required to make an investment of GBP50,000.
– meet the English language requirement. You will have to either pass an approved English language test with at least CEFR level B2 in reading, writing, speaking and listening; be a national from a recognised English speaking country or hold an academic qualification that was taught in English and is recognised by UK NARIC as being the equivalent to a UK bachelor’s degree, master’s degree or PhD).
– be able to prove that you have enough personal savings to support yourself while you’re in the Isle of Man.
Spouses and Dependants of the Isle of Man Innovator Visa holder
You can apply for your spouse /civil partner /unmarried partner and children under 18 years to join you in the Isle of Man.
The dependants will receive the same period of leave as the main applicant. The spouse or partner will be able to work in the Isle of Man.
Length of Stay and Indefinite Leave to Remain
You can stay in the Isle of Man for three years on the Isle of Man Innovator visa.
After three years, you will be able to either extend the visa for a further three years (there is no limit on the number of extensions allowed) or you may be able to apply for settlement (known as Indefinite Leave to Remain). Once you have had Indefinite Leave to Remain for one year, or earlier if you have a British spouse or civil partner, you will be able to apply for British citizenship.
How to Apply as an Innovator
Portside Cross Border has a team of highly skilled consultants experienced in dealing with Isle of Man Innovator visas. Contact us today to arrange a consultation.
Isle of Man Start Up
The Business Migrant (Isle of Man Start Up) route offers the opportunity for people without British or Irish citizenship to establish a business in the Isle of Man for the first time. The route offers significant advantages over the equivalent route in the UK for those who choose the Isle of Man (IOM) as the location for their business. There is only one endorsing body, the Isle of Man Government Department for Enterprise, which is responsible for encouraging inward investment and business migration into the Isle of Man meaning there is no additional requirement to persuade any other registered bodies like universities or tech incubators to endorse your business plan. Other advantages include a business-friendly environment with excellent access to UK markets, a less stringent test for determining a business’s innovative edge and applicants do not need to pay the NHS surcharge applicable in the UK.
The Isle of Man Start Up visa is for less experienced businesspeople who may not have the investment funds required for the Business Migrant (Innovator) route but who can demonstrate through their business plan how necessary finance will be raised to ensure the business’s viability.
How to get endorsed by the Isle of Man Government Department for Isle of Man Start Up
An application for a Letter of Endorsement must be submitted to the Department with a comprehensive business plan proving that your business idea is genuine and original and that it meets new or existing market needs and/or creates a competitive advantage.
The Department will review and assess the proposed business venture, in accordance with its endorsement policy, and if successful the Department will issue a Letter of Endorsement.
The Letter of Endorsement forms the basis of the application under the Isle of Man Start Up route.
We can assist you with every aspect of this process from informal scoping discussions with the Department right through to the business plan writing and submission phase so please get in touch with us and our consultants will be happy to assist you.
How to qualify for the Isle of Man Start Up Visa
In addition to obtaining a Letter of Endorsement, you must also:
- Be 18 years or older
- Meet the English language requirement. You will have to either pass an approved English language test with at least CEFR level B2 in reading, writing, speaking and listening; be a national from a recognised English- speaking country; or hold an academic qualification that was taught in English and is recognised by UK NARIC as being the equivalent to a UK bachelor’s degree, master’s degree or PhD).
- Be able to prove that you have enough personal savings to support yourself while you are in the Isle of Man.
Spouses and Dependants of the Isle of Man Start Up Visa holder
You can apply for your spouse/civil partner/unmarried partner and children under 18 years to join you in the Isle of Man. Older children may need to be considered as a separate case.
Your dependants will receive the same period of leave as the main applicant. Your spouse or partner will be able to work in the Isle of Man.
Length of Stay and Indefinite Leave to Remain
To prove your business concept, you can initially stay in the Isle of Man for a maximum of two years on the Isle of Man Start Up visa.
After a period of up to two years, it is possible to apply to switch to the Isle of Man Start Up visa which is then valid for three years, after which you may be able to apply for settlement (known as Indefinite Leave to Remain). Once you have had Indefinite Leave to Remain for one year, or earlier if you have a British spouse or civil partner, you will be able to apply for British citizenship.
How to Apply as a Start up entrepreneur
Portside Cross Border has a team of highly skilled consultants experienced in dealing with Isle of Man Start Up visas. Contact us today to arrange a consultation.
Isle of Man British Ancestry route
The Isle of Man British Ancestry route entitles a Commonwealth citizen, who has a grandparent who was born in any of the Isle of Man, UK or Channel Islands, to gain entry to the Isle of Man. The visa will permit you to take up or seek employment and eventually settle in the Isle of Man.
The main advantage of the British Ancestry route is that the visa is valid for a full five years, and you can work without restriction subject to obtaining an Isle of Man Work Permit if required for your role. At the end of five years, you can qualify to apply for Indefinite Leave to Remain, which is permanent residence in the Isle of Man and UK.
Applicants for Isle of Man visas do not have to pay the Immigration Health Surcharge, a saving of over GBP3,000 per adult compared with the UK.
How to qualify for the British Ancestry route
You must be a Commonwealth citizen, 17 years of age or older. You must be able to prove that you have a grandparent who was born in the Isle of Man, United Kingdom or any of the Channel Islands. This grandparent can be on either side of your family.
A person can also apply for the British Ancestry route if they are adopted, or if the parent through whom they are claiming ancestry is an adopted child. You can also claim British Ancestry if either you or the relevant parent were born within or outside marriage in the Isle of Man, UK or Channel Islands. It is, however, not possible to claim British Ancestry through step-parents.
You must intend to work and be able to work. You must be able to support and accommodate yourself and any dependants without using public funds.
Spouses and dependants of the UK Ancestral holder
A British Ancestry visa holder can apply for their spouse, civil partner, unmarried partner, and dependent children to join them in the Isle of Man. The dependants will be granted the same period of leave as the main applicant. They will also be able to work without restriction, subject to obtaining an Isle of Man Work Permit if required for their role.
Immigration Health Surcharge
Applicants for Isle of Man visas do not have to pay the Immigration Health Surcharge, a saving of over GBP3,000 per adult compared with the UK.
Indefinite Leave to Remain
At the end of the successful completion of five years on a British Ancestry visa, the holder can apply for permanent residence in the Isle of Man and UK, also known as Indefinite Leave to Remain. This, is of course, subject to specific requirements.
If you do not meet the criteria to apply for permanent residence, you may apply to extend your Ancestry visa for a further five years.
How to Apply
Portside Cross Border has a team of highly skilled consultants experienced in work visas that can assist in obtaining British Ancestry visas. Contact us to arrange a consultation.
Isle of Man Tier 1 (Investor) route
The Isle of Man Tier 1 (Investor) is a premium immigration route available for high net worth individuals who do not hold British or Irish citizenship, allowing access to live, work and do business in the Isle of Man and UK.
Advantages of this route include the fact that Isle of Man Tier 1 (Investors) enjoy a good degree of flexibility in terms of settlement. You will still be eligible for Indefinite Leave to Remain (ILR), provided you have spent at least 180 days in each year in any of the Isle of Man, the UK and the Channel Islands, and if you choose to invest in the Isle of Man, you may obtain British ILR and subsequent full British citizenship, without ever becoming a tax resident of the UK. In addition, the length of time you are required to have held the investment funds prior to making an application is significantly less in the Isle of Man than in the UK, 90 days as opposed to the UK requirement of two years, and there is no NHS surcharge.
Another advantage is that Investors who invest more than the minimum funds required for the visa may be eligible to apply for ILR in less time than the normal five-year period.
How to qualify for the Isle of Man Tier 1 (Investor) Visa
In order to qualify you have to be 18 years or older.
The investment funds, of no less than GBP2 million, must be held in a regulated financial institution and be wholly under your control and must be capable of being transferred to the Isle of Man for investment in one or more active and trading Isle of Man companies.
You are allowed to use money owned either jointly or solely by your spouse/civil partner/unmarried or same-sex partner, but you must have an unrestricted right to transfer and dispose of the money, as well as permission from your partner to have control of the money in the Isle of Man.
There is no need to meet the separate requirement for maintenance that applies to most other visa categories.
There is no English language requirement at the outset.
You and your adult dependants will have to provide an overseas criminal record certificate for any country that you have resided in continuously or cumulatively for 12 months or more, in the 10 years prior to the application.
Spouses and dependants of an Isle of Man Tier 1 (Investor)
An Isle of Man Tier 1 (Investor) applicant can apply for their spouse, civil partner, unmarried or same-sex partner and dependent children aged under 18 to join them in the Isle of Man. Older children may need to be considered as a separate case.
The dependants will be able to work in the Isle of Man, subject to work permits and conditions set out in the Immigration Rules.
Length of stay and right to work for the Isle of Man Tier 1 (Investor)
You will at first obtain permission to stay in the Isle of Man for three years as an (Investor). After three years you can apply for an extension of two years.
You have no work restrictions imposed on your stay in the Isle of Man, apart from the fact that you cannot work as a doctor or dentist in training. Certain exceptions apply. You may not work as a professional sportsperson or sports coach.
You may study subject to certain conditions.
Indefinite Leave to Remain
After five years as a Tier 1 (Investor), you may apply for Indefinite Leave to Remain (ILR).
Isle of Man Tier 1 (Investors) will be able to reach Indefinite Leave to Remain earlier if they increase their level of investment. If you invest GBP5,000,000 or GBP10,000,000 you may be able to apply for ILR after three, or even two, years.
How to apply as Tier 1 (Investor)
Portside Cross Border has a highly trained and experienced team of consultants dealing with Isle of Man Tier 1 (Investor) applications.
For more information on this very advantageous immigration route, or to apply, contact us today.
Settlement in the Isle of Man as a partner and family
The Isle of Man offers a number of ways in which the partner and children of a British citizen can apply for visas and ultimately settlement. The most common is applying for entry clearance based upon their relationship.
Who can apply
If you wish to apply for settlement following the family route, your sponsor must either be a British citizen or have settled status in the Isle of Man or the UK.
You and your partner, or proposed partner, must also have the intention to permanently live together in the Isle of Man after applying.
Requirements to prove
As a partner, you will need to prove that either:
- You are in a civil partnership or marriage recognised in the Isle of Man with a British citizen;
- If you are not married or in a registered civil partnership, you have been living together with you sponsor in a relationship for at least 2 years;
- You are the fiancé, fiancée or proposed civil partner and plan on getting married or entering into a civil partnership in the Isle of Man within 6 months of arrival. Your entry clearance vignette will indicate a period of six months in which you must get married or enter into a civil partnership and then apply for an extension of your visa.
You must also prove that you have the required knowledge of English and can show you have the required level of finances to support yourself and your dependants.
Length of Visa
Should you be successful with your visa application, you will be granted permission to stay in the Isle of Man for 2 years and 6 months. After this period, you will have to make a further application for Leave to Remain to the Isle of Man Immigration Service.
After five years in the Isle of Man as the partner and children of a British citizen or other settled person, you can apply for Indefinite Leave to Remain, which is permanent residence in the Isle of Man and UK. If your spouse or civil partner is a British citizen, you may also immediately apply for naturalisation as a British citizen rather than having to wait a further year.
Immigration Health Surcharge
Applicants for Isle of Man visas do not have to pay the Immigration Health Surcharge, a saving of over GBP3,000 per adult compared with the UK.
How to Apply
Portside Cross Border has a team of highly skilled consultants experienced in business visas that can assist in obtaining visas. Contact us to arrange a consultation.
Isle of Man Worker route
The Isle of Man Worker visa offers excellent opportunities for people who are not British or Irish citizens to live and work in the Isle of Man.
The Isle of Man Worker visa was introduced in April 2018 and eliminates many of the complexities of the former UK-style Tier 2 system. It was introduced to allow Isle of Man employers to attract and retain skilled employees from across the globe.
The advantages of the Isle of Man Worker visa are that the Isle of Man employer no longer requires an employee track record or Sponsor Licence before employing workers from overseas. Obtaining Confirmation of Employment is a far more streamlined process than the former Tier 2 Certificate of Sponsorship. In addition, the Isle of Man has its own lists of qualifying roles, and shortage occupation (key employment) roles which are unique to the island’s own policy and employment needs, not those of the UK. For instance, chefs are eligible workers in the Isle of Man, even though they are not in the UK, and many roles in e-business and information technology are exempt from the Resident Labour Market Test, making it much easier for employers to bring skilled staff from overseas. There is also no NHS surcharge in the Isle of Man, which can save a family of four over GBP10,000 compared with moving to the UK.
How to qualify for the Isle of Man Worker visa
To qualify for the Isle of Man Worker visa, you will need to be employed by an Isle of Man employer. The Isle of Man employer applies for Confirmation of Employment (CoE) and (where relevant) provides evidence that they have met the Resident Labour Market Test.
The job on offer has to be on the list of eligible occupations. The employee has to be paid a specified minimum salary. This minimum salary will depend on the type of work they do and is generally easier achieved than the minimum salary set by the UK.
The specific eligibility in every case will depend on the particular job offer. We therefore highly recommend that applicants seek the advice of a Portside Cross Border consultant.
Salary requirements
You will normally need to be paid at least £20,800 per year. However, if the specified minimum salary for your job type is higher than this amount, you have to earn at least that specific higher amount.
Your Portside Cross Border consultant will be able to advise you on the going rate for your occupation.
Knowledge of English
All applicants are required to fulfil the English language requirement.
It is possible to fulfil the English Language Requirement in one of the following ways;
- You are a national of a majority English speaking country;
- You have a degree-level academic qualification that was taught or researched in English which must be certified by UK NARIC and confirm that the qualification meets or exceeds the recognised standard of a Bachelor’s degree in the UK; or
- You have passed a Secure English language test (SELT) from an approved provider.
Applicants who are sponsored to work as doctors, dentists, nurses or midwives, and have already passed an English Language assessment by the relevant regulated professional body, do not have to prove their knowledge of English.
Maintenance Requirement
You have to show that you have at least GBP945 in your bank account to show that you can support yourself in the Isle of Man.
It is also possible for your employer to cover your costs during your first month in the Isle of Man. In such cases, your CoE must confirm this.
Length of Stay and Indefinite Leave to Remain
The Isle of Man Worker visa is granted for a period of up to six years. After five years, you and your dependants can apply for Indefinite Leave to Remain.
Right to Work
While on an Isle of Man Worker , you will be able to:
- Study
- Take on additional work under certain circumstances
- Do voluntary work
You will not be allowed to:
- Be self-employed or in a position akin to self-employment
- Get public funds.
- Change jobs or employers without following the specified procedures in this regard.
Spouses and Dependants
You will be able to apply to bring your spouse or partner and minor children with you to the Isle of Man. Older children may need to be considered as a separate case.
Your spouse or partner and children will also need to prove that they can support themselves while in the Isle of Man but they are also eligible to work, subject to work permits and conditions set out in the Immigration Rules.
Immigration Health Surcharge
Applicants do not have to pay the Immigration Health Surcharge.
How Portside Cross Border can help you
If you are interested in applying for the Isle of Man Worker visa or require more information, please contact one of our consultants to guide you through the process, from the initial step of obtaining a Confirmation of Employment, right through to submitting the visa application.
