The Tier 1 (Entrepreneur) category is for those Applicants investing in the UK by setting up or taking over, and being actively involved in the running of one or more businesses in the UK who have access to either £200,000 or £50,000.

Applicants are permitted to make an initial application for leave to remain as a Tier 1 (Entrepreneur) migrant where already in the UK with permission to remain in specific categories (Tiers 1, 2 and 4).

INITIAL APPLICATIONS

Applicants investing £200,000 will need to demonstrate:

• Access to £200,000, or the sterling equivalent available for investment in the UK
• That the funds have been genuinely and lawfully obtainedand belong either to the Applicant personally or a third party who must confirm the availability of funds for business purposes.
• That the funds must be held in a regulated institution.
• That the funds, if held abroad, are freely transferable to the UK for investment in a business.
• Through the production of a business plan, the genuine and viable nature of the business investment.
• Competency in the English language to at least CEFR Level B1.

Applicants and dependants over 18 years old must provide an overseas criminal record certificate for any country where there has been continuous residence for 12 months or more in the 10 years prior to the application. These certificates will only be valid if issued within 6 months of the Application.

Applicants may form an entrepreneur team with one partner providing both have equal access to the same investment funds.

Applicants who have already invested £200,000 in a UK business within 12 months prior to the application may also apply.

Applicant’s investing £50,000 will need to demonstrate:

• Access to £50,000 in investment funds from a UK entrepreneurial seed funding endorsed by UK Trade and Investment (UKTI) or a UK government department.

Applicants applying from abroad can rely on funds from a venture capital firm registered with the Financial Conduct Authority (FCA).

Applicants who have already invested £50,000 in a UK business within 12 months prior to the application may also apply.

EXTENSION APPLICATIONS

In order to extend stay in the UK as a Tier 1 (Entrepreneur), an Applicant will need demonstrate:

• Registration as a director within 6 months of the date of entry or grant of permission to remain into the UK.
• Self-employment or directorship of a business 3 months before the application to extend.
• That at least 2 full time jobs created during the period of leave, each lasting for at least 12 months.
• That either £200,000 or £50,000 has been invested into one or more business from an approved funding source.

SETTLEMENT IN THE UK

An Applicant may apply for settlement in the UK after a continuous period of five years under the Tier 1 (Entrepreneur) category and will need to demonstrate:

• that the required investment has been made in the UK
• that the business has created at least two full-time jobs
• that the level of investment must have been maintained through the continuous period.
• that the Applicant has not spent more than 180 days outside the UK in any 12 calendar months during the continuous period.
• that the Applicant has sufficient knowledge of the English language to B1 level or higher standard and has passed and Life in the UK test.

Accelerated settlement applications can be made where an Applicant’s business creates 10 new jobs or received at least £5 million in income from business activity over a continuous period of three years.

HOW WE CAN HELP

Our experienced lawyers can help Applicants, family members or dependants to:

Make an initial or extension application
Preparing a business plan
Prepare you for interview
Make an extension application
Make a settlement application; or
Challenge decisions by way of Administrative Review or other appeal process

We will assist by:

• Obtaining the complete facts of a case
• collecting relevant documents
• advising the best solutions
• Using our expertise to undertake one-to-one interview preparation
• preparing the application (including completion of forms)
• preparing covering submissions
• submitting the application(s) to the relevant authority
• communicating with the relevant authority until a decision is made
• advising about rights and entitlements following a decision an application
• providing follow up support and services

CONTACT US

DESCARTES SOLICITORS is recognised as one of the leading multi-practice firms in the UK. Our specialist entrepreneur immigration team works closely with leading banks and accountants to prepare and submit high quality visa applications for entrepreneurs and their dependant family members. Our team can prepare Applicants for visa interviews.

For advice and assistance with a Tier 1 (Entrepreneur) visa application or appeal, please contact our lawyers on 0208 995 3556/0844 556 9901 or e-mail info@descartessolicitors.co.uk.

LINK TO UKVI GUIDANCE

https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-entrepreneur