Entrepreneur Visa
TIER 1 ENTREPRENEUR VISAS
The Home Office closed Tier 1 Entrepreneur visa applications on 30 March 2019. The Innovator visa has replaced this visa. If you currently hold a Tier 1 Entrepreneur visa, you can apply for an extension until 5 April 2023. Your Tier 1 Entrepreneur extension visa will be granted for two years, after which you may apply to settle in the UK.
REQUIREMENTS FOR A TIER 1 ENTREPRENEUR VISA EXTENSION
To extend your stay as a Tier 1 Entrepreneur, you will need to satisfy the following requirements:
Genuine Entrepreneur Test
To meet the genuine entrepreneur test, you must be able to show that you have established, taken over, or become the director of a genuine UK business; you genuinely operate that business; and that you genuinely intend to continue running the business. Additionally, you should be able to prove that you do not intend to take employment other than working for the company or businesses that you have established, joined, or taken over.
Investment
You must also prove that you have invested or have organised investment by one or more third parties, of at least £200,000 or £50,000 (depending on the amount your initial application was based on) in cash directly into one or more businesses in the UK.
Registration
You must prove that you registered as a business director, a member of a UK partnership or as a self-employed person within six months of receiving your first Tier 1 Entrepreneur visa. You must remain registered in this role for three months before the date of application for extension.
Job creation
You must have created at least two full-time jobs for persons settled in the UK since you were last granted a Tier 1 Entrepreneur visa, and these jobs must have existed for at least 12 months. A single position does not need to last for 12 consecutive months, providing it is the same job with the same title. For example, it could exist for six months in one year and six months the following year.
If you created the jobs during the initial period of your Tier 1 Entrepreneur visa, you can rely on them in your extension application. However, during the most recent extension, the jobs must be maintained for at least another 12 months.
If jobs relied upon in a previous period of leave no longer exist, then two new jobs will need to be created and exist for at least 12 months during the most recent extension.
The jobs must comply with all relevant UK regulations, including the national minimum wage and the Working Time Directive.
CORONAVIRUS CONCESSION
If your business has been disrupted by the Coronavirus (COVID-19) pandemic, then you do not have to prove that you have employed at least two people for 12 consecutive months. Instead, this requirement can be made up of multiple jobs across different months, providing that when combined, this is equivalent to 2 full-time jobs.
If your employees were furloughed at any time, the jobs could still count towards the 12-month period provided they were paid at least 80% of their regular salary throughout the furlough period.
If the COVID-19 pandemic means you cannot employ staff for 12 months by the time your visa expires, you may still be granted leave for an additional two years if you have created at least two jobs for settled workers.
English Language Requirements
You will usually need to pass a Secure English Language Test (SELT) with an approved provider. However, nationals of certain English speaking countries are not required to prove their English language ability, nor are persons who have completed a qualification equivalent to a UK degree taught in English in one of these countries.
Finances
You must have at least £945 maintenance money in your bank account for 90 consecutive days before you can apply. If you apply with your dependent family members, you will need to show you have the funds available for their maintenance. You must have £1,890 for each dependant if you have been in the UK for less than 12 months. If you've been in the UK for more than 12 months, you must have £630 for each dependant.
UK SETTLEMENT ON A TIER 1 ENTREPRENEUR VISA
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.
To qualify for indefinite leave to remain as a Tier 1 Entrepreneur, you will need to satisfy the following criteria:
- You registered as a business director or as self-employed within six months of being granted your Tier 1 Entrepreneur visa;
- You are still registered as a business director or as self-employed three months before your date of application;
- You have invested at least £200,000 or £50,000 (as applicable) 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 the director of a genuine UK business and intend to continue operating the business;
- You have spent a continuous period of 5 years lawfully in the UK 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 about life in the United Kingdom.
You can apply for ILR (indefinite leave to remain) under the Tier 1 Entrepreneur route once you have resided in the UK as a Tier 1 Entrepreneur for a continuous period of 5 years.
As a Tier 1 Entrepreneur, you may apply for accelerated ILR after a continuous period of 3 years if you have created the equivalent of at least ten new full-time jobs for members of the settled population. You may also qualify for accelerated settlement after three years if your UK business had a gross income from business activity of at least £5 million during the last three years. If you invested in an existing company, then your services or investment must have resulted in a net increase in gross income from business activity of £5 million during the 3-year continuous period, compared to the three years immediately before the date you became involved with the business.
You can apply for Tier 1 Entrepreneur visa ILR up to 28 days before reaching the relevant qualifying period. Your qualifying period will be three or five years immediately before the date you apply for settlement or three or five years immediately before your settlement application is decided, depending on which is most favourable to you. Advice from an immigration lawyer will ensure the correct timing of your Tier 1 Entrepreneur visa ILR application.
Residence requirements
To qualify for ILR as a Tier 1 Entrepreneur, you must not have been absent from the UK for more than 180 days in any 12 months during your qualifying 3- or 5-year period.
For any absences from the UK during periods of leave granted under the rules in place before 11 January 2018, you must not have been absent from the UK for more than 180 days during each consecutive 12-month period, ending on the same date as your Tier 1 Entrepreneur visa ILR application. For any absences from the UK during periods of leave granted under the rules in place since 11 January 2018, the Home Office will consider a rolling 12-month period.
In either case, days spent travelling to or from the UK will not count towards the Tier 1 Entrepreneur ILR residence and absence requirements.
Most immigration applications have strict factual and evidential requirements that are not necessarily straightforward to comprehend or satisfy. LS Legal Solicitors are well versed and highly experienced in providing advice and assistance on immigration applications. We appreciate that many of the requirements may seem overly complex and onerous. However, we guarantee to make your experience as smooth and stress-free as possible.
For the quickest response, please WhatsApp or call us on +44 (0) 75 3595 9450. You can also contact us via email at info@LSLegaLUK.com or use the contact form to discuss your requirements further or arrange an appointment with one of our experts.
