The Tier 1 UK Entrepreneur Visa category is for business persons who would like to establish a business in the UK or join and invest into an existing business. In order for your application to be successful, you must meet a certain criterion.
How we can help with Tier 1 Entrepreneur Visa application?
If you wish to apply for a Tier 1 Entrepreneur Visa we can help you with your application and queries. Our expert team of lawyers can assist you with the preparation of your tier 1 entrepreneur visa application and ensure that you meet with all the requirements of the relevant Immigration Rules, we will ensure that all key points are substantiated with documentary evidence thereby leading to a successful entrepreneur visa application and avoiding unnecessary expense of resubmitting your application to the Home Office.
Conditions for a Tier 1 Entrepreneur Visa
Generally, a successful Entrepreneur Visa applicant is initially given a 2-year visa. An extension of a further 3 years can be applied for as long as the business is operating, an investment has been made and 2 jobs have been created. Applicants may, after 5 years, apply for Indefinite Leave to Remain (Permanent Residency). Further, partners and dependent children are able to join you on this visa and are free to work and go to school.
What are the UK Tier 1 Entrepreneur Visa benefits?
The UK Tier 1 Entrepreneur Visa holders can enjoy the following:
- Permanent residency after five years.
- Opportunity to fast track residency after three years when qualifying milestones are met.
- British Citizenship for you and your dependents after six years and permanent residency.
- Any time you spend in the UK under your Tier 1 Entrepreneur Visa can be combined with time spent under other visas to contribute to the ten-year residency qualification.
- You can study to further enhance your entrepreneurial skill
- Open other business ventures
- The gateway to the European market.
Qualifying for a Tier 1 Entrepreneur Visa
To submit a successful Entrepreneur Visa application, you must be able to satisfy the following requirements:
- A minimum investment of £200,000; to start the proposed business; or
- Have access to £50,000 from a registered capital firm regulated by FSA or a UK entrepreneurial seed funding competition (endorsement from UK TDI) or a UK Government project for specifically establishing a business; or
- Have access to £50,000 and are applying for leave to remain and have, or were, granted leave as a Tier 1 (graduate entrepreneur) migrant, or
- Have access to £50,000, are applying for leave to remain, have or were granted leave as a Tier 1 (Post-study work) migrant, were registered with HMRC as either self-employed or a director of a new or existing business no more than 3 months before your application and finally; are engaged in business activity other than the work necessary to administer your business that conforms with the National Qualifications Framework Level 4 and above.
- The sum must be held in a regulated bank account;
- The money must be disposable in the UK;
- The applicant must intend to either establish, take over or become a director of one or more businesses in the UK within a period of six months;
- The applicant must show an intention to invest the money in a business. The money, therefore, must be in the applicant’s own possessions in the financial accounts of a UK incorporated business of which he is the director, or available from a third party named in the application;
- The applicant must only be working in the running of the business;
- The applicant must provide a business plan and evidence of market research into their chosen business sector;
- The applicant must provide evidence of educational and business experience ( if any), immigration history and previous activity in the UK;
- The applicant must register with HMRC as self-employed, in addition to having been registered as a director of his new or existing business;
- The money available must be spent on running the business. This does not include the applicant’s own remuneration.
- The applicants must be able to demonstrate that they have sufficient funds to support themselves, and any dependants, until the business becomes profitable; and
- Applicants must meet with the English language ability requirements.
Tier 1 Entrepreneur Visa extension
To be eligible for an extension to a Tier 1 Entrepreneur Visa, the following criteria must be satisfied:
- Applicants must have invested or had invested on their behalf, a minimum of £200,000 / £50,000 in a UK business.
- Applicant must, within six months, have registered with HMRC as a self-employed person, registered a new UK business with the applicant as a director or registered as a director of an existing UK enterprise.
- At the time of the extension application, the candidate must be engaged in activity within this business.
When applying for a Tier 1 Entrepreneur Visa extension, it is a necessary requirement that the applicant can demonstrate that they have created positions of employment for people with the UK settled status. For a new business, this means that an aggregate of two positions, full time or equivalent, must have been created with each lasting for at least one year.
In cases where an applicant has taken control over an established UK business, their investment and presence in the company must have created two positions similar to those outlined above.
Indefinite Leave to Remain (ILR) for an Entrepreneur Visa
The government has an accelerated process for qualifying for ILR, whereby Tier 1 Entrepreneur migrants will be able to settle in the UK more quickly if they create 10 jobs or turn over £5 million in a three year period.
EC Association Agreement Countries: Applicants from Bulgaria or Romania may immigrate to the UK under this visa category without the need to fulfil the £200,000 investment or create jobs for EEA nationals. However, they will still be able to demonstrate a viable business plan and to provide adequate funds to support themselves and any dependents until the business begins to make a profit.
Switching to a Tier 1 Entrepreneur Visa
You can switch to a Tier 1 Entrepreneur Visa if you already have permission to stay in the UK under a different immigration category. For example, if you have permission to stay under another Tier 1 Visa or a Tier 2 or Tier 4 Visa you can switch to a Tier 1 Entrepreneur Visa. You also have the option to switch if you are a student, nurse, postgraduate doctor or dentist, self-employed lawyer, writer, composer, artist, innovator or investor. If you do not fall within these categories you will need to leave the UK and make your Tier 1 Entrepreneur Visa application from abroad.
We provide the best legal advice for Tier 1 Entrepreneur Visas
We are a UK Solicitors law firm and are fully authorised and regulated by the Solicitors Regulation Authority(link is external) (SRA) and as a professional law firm are completely exempt from requiring authorisation by the Office of the Immigration Services Commissioner(link is external) (OISC). Many businesses offering immigration services are only OISC regulated and as such are not professional legal organisations such as Solicitors firms or Barristers’ chambers. OISC businesses are not allowed to do legal work before the Courts such as Judicial Review or statutory challenges of Home Office decisions. Also, as a professional organisation, our policy is not to employ sales staff to give you “advice”. Instead, every telephone consultation is conducted by a lawyer; offering you accurate and informed legal guidance. Under your instruction, our qualified team of immigration solicitors and barristers will guide you through your entrepreneur visa case from the outset; ensuring that no time nor money is wasted and that no mistakes are made when it matters the most.
As a law firm with a track record of success, you can be assured your immigration matter is in safe hands and that the best strategy for your case will be adopted. It is crucial that you seek specialist legal advice at the outset and prior to making any type of immigration application. We can assist you with your applications for any type of Visa including tier 1 entrepreneur visa or permit and any form of leave to remain (or for entry clearance) under the points-based system. We ensure our clients comply with the Immigration Rules and the strict requirements of the UKBA prior to making a tier 1 entrepreneur visa application, thereby eliminating much of the stress of the application process.
Contact us for successful Tier 1 Entrepreneur Visa applications
Our experienced team of professionally qualified solicitors and barristers will guide you through the process of tier 1 entrepreneur visa step by step, complying with the strict letter of the law and limiting the possibility of failure. Consider HS Legal as your Tier 1 Entrepreneur Visa adviser; call us for a telephone consultation today.
Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our online Enquiry form and we will get in touch or call us now on 01206500181.