Tier 1 Entrepreneur Visa

As of 29^th March 2019, the Tier 1 Entrepreneur route has been closed for new applicants. There are some exception to this:

1. Entry clearance applications will continue to be accepted from applicants who have held Tier 1 (Entrepreneur) or Tier 1 (Graduate Entrepreneur) leave in the past 12 months.This means that if a person is looking to apply from overseas, they will need to demonstrate that they held either Tier 1 (Entrepreneur) or Tier 1 (Graduate) visa at some point in the past 12 months.
2. Leave to remain applications, which are applications made within the UK will only be possible from applicants who were last granted Tier 1 (Entrepreneur) or Tier 1 (Graduate Entrepreneur) leave. However, switching from Graduate Entrepreneur to Tier 1 (Entrepreneur) will only be possible until 5 July 2021 and the applicants will then have until 5 July 2025 to extend and until 5 July 2027 to apply for settlement.

It is crucial to note that extension applications for Tier 1 (Entrepreneur) migrants, apart from those switching from Graduate Entrepreneur route, will remain open only until 5 April 2023, and settlement applications until 5 April 2025. Therefore, all those intending to settle in the UK on this type of visa, should ensure they work closely with best immigration solicitors to enable them to reach their goals. Considering that the route has been closed and there are deadlines for extension and settlement, any mistake leading to refusal can be very costly.

Our leading immigration lawyers are available to guide and advise you from the day you enter the UK until the day you receive your settlement to ensure that your business will not be set-back due to inability of your key management personnel to secure a visa.

Tier 1 Entrepreneur visa is aimed at non-EEA national businesspeople looking to set-up a business in the UK or join an existing one. For many years, this served as one of the main routes for the businesses seeking to relocate or expend into the UK. As mentioned above, this route is now only open for a limited period of time to those who have previously held either Tier 1 (Entrepreneur) or Tier 1 (Graduate Entrepreneur) visa.

If you are an overseas businessperson that is considering the UK market and don’t fall in the above category, you still have many options available to make the move. For instance, if you are looking into expanding an already existing business in the UK and you don’t intend for it to act as a head-quarter, you might wish to consider the Sole Representative of Overseas visa. Alternatively, if it is a new business you are considering setting up and you believe the UK is more suitable for it, then Start-up or Innovator visa might be the way to go, depending on your circumstances.

Our specialist immigration solicitors are well versed in helping businesses with their relocation needs. We will take care of the matter for you, from start to finish. We have comprehensive knowledge of the workings of UK Visas and Immigration system, which will sharply minimise the risk of the refusal in your case.

By discussing your commercial goals and personal ambitions with you, our team can quickly establish which route is the best option for you and your family.  We get to know our clients on a personal as well as professional level, which allows us to create dynamic solutions to suit your best interests.

The Tier 1 Entrepreneur Visa will allow you to launch your start-up in the UK or join an existing organisation (provided you have the required investment funds).  In addition, you can bring your dependent family members with you.

Your visa may be granted for a duration of up to three years and four months, after which it may be extended and later lead to permanent settlement in the UK.  By engaging our services, you can be confident we will take care of the application process at every stage, enabling you to focus on your growing your business and achieving your commercial ambitions.

To successfully apply for a Tier 1 Entrepreneur Visa, applicants must meet the following criteria:

• intend to establish a start-up business, or invest in and become a director of a pre-existing business in the UK within six months of entry
• have access to £50,000 (if switching from Graduate Entrepreneur) or £200,000 of investment capital
• meet the proficiency standard for the English language
• have sufficient funds (over and above your business investment capital) to support you and your family for the duration of your time in the UK
• be at least 16 years old
• pass the Genuine Entrepreneur Test – this involves demonstrating that you have a credible business plan for your new venture and it may include an interview with a UKVI official.

You will have the best immigration lawyers guiding you, who understand every aspect of the Tier 1 entrepreneur route. Our commercially astute solicitors can provide smart, practical advice on how you can achieve entry into the UK quickly and stress-free.  In addition, we can provide introductions to accountants, wealth managers, banks, and real-estate agents who can assist you with setting up your life and business in the country.

As part of the Genuine Entrepreneur Test, you will be required to provide a detailed business plan.  However, it is important to understand that traditional business plans, as required by lending institutions and investors, typically fail to provide the information an immigration official is looking for.  UKVI want to know whether you meet the eligibility criteria, and whether you can provide the two full-time jobs for settled persons, which is a condition of you being able to extend your visa.  You will also need to demonstrate an in-depth understanding of the market you are entering and that you have undertaken extensive competitor analysis.

We understand exactly what UKVI is looking for when it comes to Tier 1 Entrepreneur Visa business plans.  Our team will take the time to listen to the strategy you have for your venture and identify the strengths and weaknesses of your business plan in accordance with what immigration officials will be looking for.  We can then assist you with making amendments, providing you with confidence that the plan you present as part of your application will satisfy decision-makers that you can meet all the entrepreneur visa eligibility requirements.

In addition, we can assist you, either in person or via video conferencing or Skype, with preparing for an interview with UKVI.  Our solicitors know the type of queries you will be asked and can run through mock interviews with you, so you feel fully prepared and can calmly answer questions under pressure.

Extending your Tier 1 Entrepreneur Visa is a critical step if you wish to apply for Indefinite Leave to Remain in the future.  Once we have advised you on successfully obtaining entry into Britain, we do not leave you to find your own way for the next three years.  Our team will work with you throughout your initial visa period, ensuring every step you take is in line with meeting your ultimate goal of obtaining an extension.  This includes making sure your funds are invested correctly, and on time, you have met the criteria of creating two full-time positions for settled persons, and you can pass the Genuine Entrepreneur Test again.

We also provide Tier 1 (Entrepreneur) compliance services to clients who have not used our services for the initial leave. If you want to have your business assessed for Tier 1 (Entrepreneur) visa compliance, get in touch with our business immigration legal team.

To find out more about how we can assist you with obtaining or extending a Tier 1 Entrepreneur Visa, please contact our office on 020 3372 5125 or complete our online enquiry form to make an appointment. Find out more information on our fees here.