TIER 1 ENTREPRENEUR VISA

Who can apply for Tier 1 Entrepreneur Visa?

This is the business category of the point based system that allows the applicant and his / her family members (spouse / partner and children under 18 years of age) to enter / remain in the UK on the basis of intending to invest in a business by having access to minimum £200,000 of his own funds or the funds provided by any third party or £50,000 made available by one or more of the following:

  • a UK entrepreneurial seed funding competition endorsed by UK Trade and Investment (UKTI)
  • a UK government department making funds available for the purpose of setting up or expanding a UK business;
  • a venture capital firm registered with the Financial Conduct Authority (FCA)

Tier 1 Entrepreneur Visa application through £200,000 Investment of funds

This is minimum investment that is required for those who do not otherwise fall under the £50,000 route for Tier 1 Entrepreneur. We can advise and represent our clients in making their initial application which can be made either from overseas or from inside the UK depending on the factor whether he / she is eligible to switch to this category or not.  The applicant needs to claim 75 points in total by having access to not less than £200,000 [25 points], by providing evidences that the money has been held in one or more regulated financial institutions [25 points] and by providing evidences that the total funds all disposable in the UK [25 points].

For those who already have leave under this category and wish to extend their stay in the UK in order to complete their 5-years residence, they need to claim 75 points in total successfully in order to obtain further leave to remain (extension of visa) which is as below:

  • By providing evidences that the migrant has invested not less than £200,000 of personal investment [20 points]
  • By providing evidence that the migrant got registered with the HMRC or has been appointed as the director within 6 months from the date of leave enter [20 points]
  • By providing evidence that the migrant is engaged in business activities at the time of making extension application [15 points]
  • By providing evidence that the migrant’s investment of £200,000 has created two full time positions for resident workers for at least one year [ 20 points]

The maximum leave granted for extension applications is two years that will allow the applicant and the dependants to complete five years in the UK i.e. qualifying period for settlement in the UK.

Tier 1 Graduate Entrepreneur Migrants through £50,000 Investment

This option is available to Tier 1 Graduate Entrepreneur migrants who have valid leave to remain and are making their applications while remaining in the UK.

The applicant needs to claim 75 points in total by having access to not less than £50,000 [25 points], by providing evidences that the money has been held in one or more regulated financial institutions [25 points] and by providing evidences that the total funds all disposable in the UK [25 points].

Tier 4 General Migrants through £50,000 Investment

This option is available to Tier 4 migrants who have valid leave to remain and was last sponsored by :

  • A UK recognised body or a body in receipt of public funding as a higher education institution from the Department for the Economy in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
  • An overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
  • An Embedded College offering Pathway Courses, or
  • An independent school,

They can only rely on the funding of at least £50,000 provided by one of the following:

  • One or more UK Entrepreneurial seed funding competitions listed as endorsed on the Department for International Trade pages of the GOV.UK website, or
  • One or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business, or

The applicant needs to claim 75 points in total by having access to not less than £50,000 [25 points], by providing evidences that the money has been held in one or more regulated financial institutions [25 points] and by providing evidences that the total funds all disposable in the UK [25 points].

Genuineness Test for Tier 1 Entrepreneur Applications

The home office has introduced the genuineness test for all applications made under Tier 1 Entrepreneurs i.e. entry clearance applications, leave to remain applications and indefinite leave to remain applications. There are a number of factors that helps in establishing that the applicant’s proposed or existing business is genuine and promising and the home office may therefore check the authenticity of the documents submitted with the application, interview the applicants or even visit the business premises to see the physical existence of the business. It is therefore extremely important to seek professional help and advice in respect of Tier 1 Entrepreneur applications.

 

Interviews by the Home Office

It has now become increasingly common to invite applicants of Tier 1 Entrepreneur applications for interview where they are being questioned about the source of funds, immigration history, market research and business plan. It has therefore become quite important to seek advice before attending any such interviews, in fact before making the application. We have good experience in preparing our clients for the interviews and can therefore help our clients at any stage of their immigration matters.

 

Visits of the Home Office Team

We have also experienced that nowadays in extension of leave to remain application, the home office may decide to visit the business premises of the applicant to assess the genuineness of the business and the documents provided with the application. The applicant is interviewed about the jobs created during the first 3 years of time, about the business growth and other relevant information. We strongly advise to seek professional help in handling such visits of the home office team for expert advice. We have vast experience in preparing our clients for the interviews and can therefore help our clients at any stage of their immigration matters.

 

Requirements for entrepreneurial team members

Two persons can form a team and apply under this route but both of them must qualify in their own right i.e. having access to the required amount of funds, English language and maintenance. Both of them must have equal access to the funds and enjoy similar authority and control over the funds and the business. Both of them will be able to sponsor their families as well.

In order to comply with Entrepreneur team the applicant must not use the same funds on another application with a different entrepreneurial team and must provide all the documents needed for evidence of the funds with his/ her own application.

English Language Requirements

Ability to communicate in English language is an essential and necessary part of the whole point based system.

  • The applicant scores 10 points for being a national of one of the English speaking Countries
  • or having completed at least UK Bachelors level qualification or above in one of the English Speaking countries
  • or having passed an approved English language test at CFER level B1

 

Maintenance requirements

In most circumstances the Applicant will be required to demonstrate that they have held £3,310 in their personal account or a joint account with their partner/spouse, for 90 days prior to the date of application.  This figure will increase by an additional £1890 per dependent should they wish to bring family members to the UK. Please see below for more details about the requirements for your dependants.

 

Requirements for the Dependents of Tier 1 Entrepreneur Applicants

Tier 1 Entrepreneurs Applicants are allowed to invite their spouses / partners and children under 18 years of age to join them as their dependants and they may also qualify for ILR upon completion of the required period of time. The dependants will be able to work in the UK.

The Applicant must show that his/her dependents can be supported during their stay in the UK.

The Applicant is required to have £1,890 for each dependent if applying from outside the UK or have been in the UK for less than 12 months. However if the Applicant has been in the UK for more than 12 months he/she must have £630 for each dependent.

 

Validity of Tier 1 Entrepreneur Visa

The initial leave (visa) is granted for a three year and four months` time period that can be extended for a further two years from within the UK. Once the applicant completes five years of residence in the UK and fulfils the relevant requisites of this particular immigration category, he and his family members become eligible for Indefinite leave to remain in the UK.

The time period required for settlement can be reduced to three years, if the business has generated at least £5 million turn over during the three years or has created 10 full time positions for resident workers.

 

Administrative Review / Judicial Review

Refusal of Entry Clearance

If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

 

Refusal of Leave to remain Application or Indefinite Leave to remain Application

If the leave to remain or Indefinite leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.

 

How our Immigration Solicitors can help you in applying for Tier 1 Entrepreneur Visa? 

Our team of UK Immigration Lawyers can expeditiously deal with Tier 1 Entrepreneur Visa Applications.

Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your Tier 1 Entrepreneur Visa application under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;

  • We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
  • Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
  • Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.

Our Immigration Lawyers shall discuss your Application for Tier 1 Entrepreneur Visa and advise you on the required documents and procedure.

  • Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated immigration matters including lodging Judicial review or obtaining injunction orders from the High Court.
  • It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
  • Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
  • We shall never surprise you with hidden charges/fees.

You can contact us at 0203 514 2536 or info@chauhansolicitors.com and one of our team members will be in touch with you shortly. Or in emergency we can be contacted at 07817897184.