Doyle Clayton's immigration solicitors specialise in obtaining Tier 1 (Entrepreneur) visas for individuals or entrepreneurial teams who wish to enter the UK to establish their own business or take over (or assist in the running of) an existing UK business.
The Tier 1 (Entrepreneur) visa is based on a points based system. There has recently been an introduction of a “Genuine Test”. If the Home Office has concerns about whether the entrepreneur is genuinely intending to pursue a business in the UK, they reserve the right to request further information and may ask the entrepreneur to attend an interview. This is regardless whether or not the entrepreneur meets the required points.Given this additional genuineness test it is vital that applications are prepared meticulously.
To qualify for the Tier 1 (Entrepreneur) Visa the individual or team must be able to fulfil the following criteria:
a) Have access to £200,000 (or £50,000 from an approved source), the funds must be held in a regulated financial institution and the funds must be disposable in the UK.
b) Genuinely seek to set up a viable business in the UK.
c) The ability to maintain themselves and any dependant(s) without recourse to public funds.
d) The ability to speak, listen, read and write in English to a specific level.
The above is only a summary of what is required to obtain a successful Tier 1 (Entrepreneur) application. The type of documentation that would be required in support of the Tier 1 application is case dependent. We strongly advise applicants to take legal advice on applications because of the scrutiny given by the Home Office. There is a high refusal rate for applications submitted without legal advice.
If the Tier 1 (Entrepreneur) application was submitted outside of the UK and is successful, the entrepreneur would be granted leave to enter the UK, normally for 3 years 4 months.
If the entrepreneur application is submitted whilst in the UK a successful applicant would normally be granted 3 years leave to remain. To obtain an extension of stay in the UK under the Tier 1 (Entrepreneur) category, certain key factors must be met. If the key factors are not met an extension under the Tier 1 (Entrepreneur) visa would not be granted. The key factors include:
a) The £200,000 (or £50,000) has been invested in the business.
b) A directorship or self employment status has been registered within 6 months of the specified date.
c) At the time of extending under the Tier 1 (Entrepreneur) category the directorship or self employment status was still registered.
d) The equivalent of 2 full time jobs have been created for at least 12 months.
The above is only a summary of what is required to obtain a successful Tier 1 (Entrepreneur) extension application. The type of documentation that would be required in support of the application would be dependent on the type of business and the facts of the case.
Once an entrepreneur has remained in the UK for a continuous 5 year period they may be able to apply for indefinite leave to remain in the UK.
The UK Government currently operates a concession, which allows for entrepreneurs to obtain indefinite leave to remain under an entrepreneur accelerated route where the business has been very successful.
The key factors to obtain indefinite leave to remain under the accelerated route are that the business employs 10 settled persons in the UK or the business has a turnover of £5 million per annum. Regularly we help clients obtain indefinite leave on an accelerated basis.
We can also assist with additional services required under the terms of the visa – which can potentially include:
a) Company formation, including all aspects of employment law.
b) Assessing your business ideas against the Entrepreneur visa rules.
To talk to us about how we can help you:
Telephone: 0207 329 9090 and ask to speak with one of the Tier 1 Entrepreneur team or
Complete the form
For further information about our business immigration services for employers click here