Q&As
Tier 2 (General) Migrant Shareholding Rules for Non-High Earners
Is a Tier 2 (General) migrant (who is not a ‘high earner’) able to hold more than 10% of shares in a company in the same group of the company which sponsors them? Eg a majority stake in a second group company, where that second company would have the option to purchase IP created by the migrant for their role in the sponsoring company? Are there any restrictions on a Tier 2 migrant being a director and shareholder of one group company but an employee of another?
It is possible for a Tier 2 (General) migrant to hold Shares in the company which sponsors them, although they will be prohibited from owning more than 10% of shares in their sponsor’s company unless they are a ‘high earner’ (earning £159,600 or more annually).
From a practical perspective, it could be argued that this is a crude rule. Compare, for example, amendments to the 'sole representative of an overseas business' Rules in 2020 (see: Statement of Changes in Immigration Rules, CP 232), which introduced a more refined requirement
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