If you are in the UK with a Tier 1 Entrepreneur Visa you may find yourself as one of the last group of people who were granted leave to remain under this route.
At NIDO we have helped many in this area and are one the leading firms who deal with business immigration matters, especially for Tier 1 Entrepreneurs.
The Tier 1 Entrepreur visa category is for individuals who have invested into the UK by establishing or taking over a business in the UK and is actively involved in the running of one or more business in the UK.
It is important to note the following key deadlines for these applications:
For extensions the deadlines are:
If you did not hold leave as a Tier 1 Graduate Entrepreneur before being granted as a Tier 1 Entrepreneur you will only be able to apply for extensions until 6 April 2023, if you file an application after this it will be refused.
If you held leave as a Tier 1 Graduate Entrepreneur before you switched into Tier 1 Entrepreneur, you can submit applications to extend your stay after switching into Tier 1 Entrepreneur until 6 July 2025, if you file an application after this it will be refused.
When you file an application for an extension one of the key requirements is meeting the points, this is known as point scoring.
Under the Tier 1 Entrepreneur Route you will need to show the Home Office that you score:
at least 75 points for attributes (Appendix A of the Immigration Rules).
10 points for English language (Appendix B of the Immigration Rules); and
10 points for Maintenance (funds) (Appendix C of the Immigration Rules).
Apart from providing the documents and scoring points there is other requirements which you must also meet.
Tier 1 Entrepreneur Extension Application in the UK – Genuine Entrepreneur Test
The key test for this type of application is the Genuine Entrepreneur Test especially for extension applications.
With this test we help our clients demonstrate to the Home Office and satisfy the Home Office that our client has:
established, taken over or become a director of one or more genuine businesses in the UK, and have genuinely operated that business;
have genuinely invested the money into one or more genuine businesses in the UK;
intend to continue operating one or more businesses in the UK; and
do not intend to take employment other than under the terms of paragraph 245DE of the Immigration Rules.
As part of this test the Home Office does take into account the following evidence:
the documents which you submit with the Home Office which is why we ensure that your documentation is in order before the application is filed
the viability and credibility of the source of the money which you have invested into your business, using our expertise and knowledge we help you outline in the clearest and simplest terms the viability and credibility of the source of funds part of the test in the Tier 1 Entrepreneur application test
the credibility of the financial accounts of the business or businesses, for this aspect of the test we help you from the offset in ensuring that your accounts are clear and demonstrate what money has been invested, where it has been invested and how it has benefitted the business
the credibility of your business activity in the UK, with this part as our approach is as business lawyers who understand business immigration matters, we help you outline your business activity clearly to the Home Office and help you demonstrate how your activity in your business is credible and viable at the same time
the credibility of the job creation which you are claiming points
if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
any other relevant information which is tailored to your business and needs to be explained in the clearest way possible to the decision maker.
Some of our clients have very unusual or complex businesses, in which case we help them outline these to the Home Office by providing our input and expertise into the matter.
We help our clients explain to the Home Office how they are claiming points and where it is not clear in the documents we point the decision maker to the relevant information and documents to make it easier for the Home Office to make a positive decision on your Tier 1 Entrepreneur Application for an Extension.
Tier 1 Entrepreneur Extension Application in the UK – COVID-19 disruption
Many our client have unfortunately been impacted by COVID-19 and the Home Office has fortunately provided concessions for people who have found themselves in that situation.
If your business was disrupted and you are filing for an extension, some of the following would apply to you:
If your business has been disrupted, you no longer need to employ at least 2 people for 12 consecutive months to qualify for an extension. The 12 month period you are required to employ someone can be made up of multiple jobs across different months, but when combined this must be the equivalent to 2 full time jobs.
Time when your employees were furloughed will count towards the 12 month period, if they have been paid 80% of their normal salary throughout their period of furlough.
If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to extend your stay for a further 2 years, if you can show:
You’ve created at least 2 jobs by the date you apply
You’ve been unable to employ staff for 12 months due to coronavirus
To apply for the additional leave, you should submit an extension application and all associated evidence as normal, with an exception under the job creation requirement and the understanding that this will be a limited extension of 2 years.
Where you are granted an extension on this basis you will be required to demonstrate that you have met this requirement in addition to the job creation requirement for that application.
If you need assistance with Tier 1 Entrepreneurs extension application, all you need to do is contact us for a telephone conference to see what we can do for you. We have an experienced team of solicitors who have years of experience in dealing with sponsor licence applications who can guide you through the whole process with ease.
