Home Offices and Business Manager Visa
2023.02.14Update
Points to Consider When Using a Home as an Office for a Business Manager Visa Application
We are sometimes asked about the possibility of using a home “office” for the purposes of applying for a Business Manager visa. Generally speaking, when applying for a Business Manager visa, if a home is to be as an office, Immigration is far stricter in its evaluation of such applications than in normal cases. The following discusses some of the points which Immigration will consider, however even if all of these items are met, the ultimate decision for the recognition of a home as an office for approval of a visa application is made at the discretion of Immigration and cannot be guaranteed.
Requirements for Using a Home as an Office in a Business Manager Visa Application
Foremost, if a home is to be used as an office, the following basic requirements must be satisfied in order for the Business Manager visa application to be considered and approved.
- 1. The property must be a single-detached dwelling; and
- 2. The first and second floors of the house must each be designated for separate use (specifically, one floor as an office and the other floor as a living space)
If both 1 and 2 are not satisfied, in most likelihood, the office requirement for the Business Manager visa application will not be recognized.
As mentioned above, if you are thinking about using part of a home as an office for a Business Manager visa, it is necessary to completely separate the part of the house being used as the office and the living space, both structurally and in terms of use.
Requirements for Separating Office Space and Living Space in a Home Used as an Office
Separation of the office space and living space means that each space is completely dedicated for one purpose and you must be able to enter the office area without passing through the living space. This therefore implies that structurally, you must be able to enter the office directly from the outside. Since in most single-detached dwellings, because the stairwell between the first and second floors is situated inside the home, if the office is on the second floor, it would not be possible to enter the office without passing through the living area, and for this reason if using a home as an office, the office space is typically located on the first floor. If a second floor is to be used as the office, outside stairs will need to be installed so that you can directly enter the second floor office from the outside.
Considerations when Using a Home as an Office for a Business Manager Visa Application
If using a home as an office, at a minimum, the following would need to be considered:
- The property owner must agree to the home being used for purposes other than residential use. Specifically, this will mean creating a lease agreement between the property owner and company to provide evidence that the company lawfully has the right to use a part of the home as an office. If the property owner is leasing a part of the home to the company, the company will need to make regular rental payments to the owner based on the lease agreement and a copy of such agreement would need to be presented as part of the application.
- Both the property owner and company must acknowledge that the property will be used as an office.
- As described above, the area and equipment/furniture to be used as an office must be completely independent of the living space.
- The ratio of cost sharing for utilities (electricity, water, gas etc) between the residential dwelling and the company must be clearly defined. Accordingly, the property owner and the company would need to enter into a written agreement regarding the ratio of cost sharing which must also be presented in the application.
- A company business sign must be clearly displayed on the property. This would entail installing a company sign and a separate mailbox to receive company mail.
In summary, because of these various restrictions when using a home as an office for Business Manager visa applications, it is considered very difficult to have a “home office” recognized as an office by Immigration. Considering the costs involved in making the structural changes to the home to separate the office from the living space, and the risk of still not having the office recognized as an office, the home office setup is generally not recommended.