Investment & Enterprnuer

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SWITCHING TO TIER 1 ENTREPRENEUR

If you are a Tier 1 Graduate Entrepreneur migrant or you previously held leave as a Tier 1 Graduate Entrepreneur and have since switched into the Startup category (or you were in one of these categories in the last 12 months) you can switch into the Tier 1 Entrepreneur category until 5 July 2021.  You will be able to apply to extend your stay as a Tier 1 Entrepreneur until 5 July 2025 and apply to settle in the UK as a Tier 1 Entrepreneur until 5 July 2027.

Requirements to switch into the Tier 1 Entrepreneur category from a Tier 1 Graduate Entrepreneur or Start-up visa

In order to switch into the Tier 1 Entrepreneur category from a Tier 1 Graduate Entrepreneur or Start-up visa (having previously held leave as a Tier 1 Graduate Entrepreneur migrant), you will need to satisfy UK Visas and Immigration that:

  • You have access to £50,000;
  • You have a business plan demonstrating how your business will succeed;
  • You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening, and speaking);
  • You have enough additional money to support yourself without relying on public funds.

Historically, all applicants applying to enter the Tier 1 Entrepreneur category (including those switching from Tier 1 Graduate Entrepreneur) had to satisfy the Home Office that they genuinely intended and were able to be actively involved in the running of a UK business and that they had a viable and credible business plan.

While the requirement to provide a business plan remains in the Immigration Rules, the rules relevant to the assessment of whether or not an Entrepreneur applicant is genuine, credible and if their business is viable have been removed for those looking to switch from the Tier 1 Graduate Entrepreneur or Start-up categories.

If applying from overseas, you and any adult dependents will need to provide an overseas criminal record certificate for any country that you have lived in for at least 12 months in the last 10 years.

TIER 1 ENTREPRENEUR VISA EXTENSION

If you currently hold a Tier 1 Entrepreneur visa, you can apply for a Tier 1 Entrepreneur visa extension until 5 April 2023.  If your application is successful, you will be granted an extension of stay as a Tier 1 Entrepreneur for a period of 2 years.  Applications for indefinite leave to remain as a Tier 1 Entrepreneur can be made until 5 April 2025.

Requirements for a Tier 1 Entrepreneur visa extension

In order to extend your stay as a Tier 1 Entrepreneur, you will need to satisfy UK Visas & Immigration that:

  • You registered as a business director or as self-employed within 6 months of entering the Tier 1 Entrepreneur category;
  • You are still registered as a business director or as self-employed within the 3 months prior to your date of application;
  • You have invested at least £200,000 or £50,000 (depending on the amount your initial application was based on) in a business or businesses in the UK;
  • You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months;
  • You have established, taken over, or become a director of a genuine UK business, genuinely operated that business, and genuinely intend to continue operating the business;
  • You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening, and speaking);
  • You have enough additional money to support yourself without relying on public funds.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

TIER 1 ENTREPRENEUR VISA ILR

If you currently hold a Tier 1 Entrepreneur visa, you can apply to settle in the UK as a Tier 1 Entrepreneur until 5 April 2025.  If your application is successful, you will be granted Tier 1 Entrepreneur visa ILR and be free of immigration time restrictions.

Requirements for Tier 1 Entrepreneur visa ILR

In order to qualify for indefinite leave to remain as a Tier 1 Entrepreneur, you will need to satisfy UK Visas & Immigration that:

  • You registered as a business director or as self-employed within 6 months of entering the Tier 1 Entrepreneur category;
  • You are still registered as a business director or as self-employed within the 3 months prior to your date of application;
  • You have invested at least £200,000 or £50,000 (as appropriate) in a business or businesses in the UK;
  • You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months;
  • You have established, taken over, or become a director of a genuine UK business, genuinely operated that business, and genuinely intend to continue operating the business;
  • You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 Entrepreneur migrant, with not more than 180 days absent from the UK each year;
  • You have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom.

There is also an accelerated route to settlement as a Tier 1 Entrepreneur after 3 years if you create at least 10 new full-time jobs or your business has a turnover of at least £5 million.

The exact requirements you will need to satisfy will vary depending on your circumstances.  You may want to speak to an immigration lawyer for expert advice.

TIER 1 ENTREPRENEUR REFUSALS

Have you received a Tier 1 Entrepreneur refusal decision? If your application to extend your stay or settle in the UK as a Tier 1 Entrepreneur has been refused, our specialists in Tier 1 Entrepreneur refusals can advise on the merits of making a fresh application or challenging the Tier 1 Entrepreneur refusal decision by way of Administrative Review or Judicial Review.

Tier 1 Entrepreneur Refusal Grounds

Tier 1 Entrepreneur extension and ILR applications can be refused for a variety of reasons.  Amongst the most common reasons given by the Home Office for refusing a Tier 1 Entrepreneur extension or ILR application are:

  • failure to provide specified evidence of investment;
  • failure to provide specified evidence of job creation;
  • failure to provide specified evidence to satisfy the maintenance requirement;
  • failure to satisfy the genuine entrepreneur test;

Whilst early advice from an immigration lawyer can avoid a Tier 1 Entrepreneur refusal decision, legal advice following the refusal of a Tier 1 Entrepreneur application can also lead to refusal decisions being overturned.

Launching an appeal against a decision to refuse a Tier 1 Entrepreneur extension or Tier 1 Entrepreneur ILR application

There is no right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against a decision to refuse to leave to remain or indefinite leave to remain as a Tier 1 Entrepreneur.  However, you may have grounds to ask the Home Office to review its refusal decision by way of an application for Administrative Review. If this is unsuccessful then you may have grounds to apply for Judicial Review of the Tier 1 Entrepreneur refusal decision.   You may also be able to make a fresh application for a Tier 1 Entrepreneur visa extension or Tier 1 Entrepreneur visa ILR.  You may want to speak to an immigration lawyer for expert advice.

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To arrange an initial consultation meeting, call our immigration solicitors on +441416482500 or fill out and send the form below. We will get back to you with the best possible solutions and services tailored to your needs.

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