Tier 1 Entrepreneur - only extension applications from 29 March 2019 and until 6 April 2023, apply for permanent residence until 6 April 2025
A. Applying for extension
You will only be able to apply for extension until 6 April 2023.
If a Tier 1 (Entrepreneur) migrant is not eligible for accelerated settlement upon completion of 3 years’ residence he will need to obtain an extension for 2 years to enable him complete five years’ residence in the UK and thus apply for ILR.
The applicant has to score 75 points in the following manner:
- By providing evidence that the applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if the initial application was made on this basis) directly into one or more businesses in the UK. (max. 20 points).
- By providing evidence that the applicant has registered with HM Revenue & Customs as a self-employed person or registered a new business in which he is a director or registered as a director of an existing business. (Max. 20 Points). This requirement must be met within six months of the grant of the initial visa if the applicant was granted his last leave to remain/entry clearance under Tier 1 (Entrepreneur) and wishes to seek an extension of stay.
- By providing evidence that the applicant is engaged in business activity at the time of this application for leave to remain (max. 15 points).
- By providing evidence that his business has created two full-time positions for persons settled in the UK (max. 20 points). If the applicant`s last grant of leave is as a Tier 1 (Entrepreneur) then these two jobs must have existed for at least 12 months.
The applicant can only claim 75 points if he can provide the relevant documentary evidence and claim points under all of the sub-sections mentioned above.
Tier 1 (Entrepreneurs) is not required to provide evidences of English language to obtain extensions of visas.
Main applicant seeking further leave to remain must have at least £945 of personal savings which must have held for a consecutive 90 day period prior to the date of application. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, the dependant must have £630 to support yourself.
B. Applying for settlement
You can only apply for permanent residence until 6 April 2025.
A point scoring system has also been introduced to obtain permanent residency. The applicant must score 75 points on the following attributes:
- at least 3 months before applying for permanent residence in the UK, the applicant must (20 points):
- be registered with the UK Government Office of Taxation and Customs (HMRC); or
- register a new business in which he is a director; or
- be registered as a director of an existing business.
- The applicant has created at least two full-time jobs for UK residents (20 points). If the previous immigration category of the candidate was the Tier 1 (Entrepreneur) category, then when applying for an extension, the jobs must last at least 12 months;
- The applicant has spent a specified period of time in the UK in one of the following categories: Tier 1 (Entrepreneur) or Innovator, and the last time before the application for settlement was made – the applicant was on the Tier 1 (Entrepreneur) visa category. The number of permitted days of absence in the country is no more than 180 days during any 12 calendar months of the established period (35 points).
- Take an English language test at the B1 level and also a test of knowledge of life in the country (Life in the UK Test).
The established period for obtaining a permanent residence permit is considered to be:
- 5 years if the above conditions are met;
- 3 years if one of the following conditions is met:
- The applicant has created at least 10 full-time jobs for UK residents. If the candidate's previous immigration category was Tier 1 (Entrepreneur), then when applying for an extension, the jobs must last at least 12 months; or
- over a three-year period, the total turnover of the company amounted to £5,000,000 or more, and for all 3 years the applicant had to be in the UK in the Tier 1 (Entrepreneur) category.
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C. Applying for UK citizenship
The requirements for obtaining British citizenship remain unchanged, and even if the applicant has received permanent residence after 3 years, he will need to live in the UK as a permanent resident for another 2 years to be able to apply for citizenship.
The rules regarding the maximum possible number of days of absence from the country when applying for citizenship remain unchanged - 450 days in total for 5 years.
D. What is allowed and prohibited on the Tier 1 Entrepreneur visa
On this visa you are allowed to:
- work for your business and run your business
- study in your free time
- bring your dependent partner and children under 18 years old as your dependents
On this visa, you are not allowed to:
- resort to state benefits (which means that you will not be able to claim most of the benefits paid by the government);
- to carry out any work other than work in a business or companies that you have created, joined or accepted, but it is allowed to perform work for which an agreement will be concluded between your company and another company for the performance of services or the provision of works;
- work as a professional athlete (including as a sports coach).
E. Administrative Review (In-country applications only)
If the leave to remain application is refused by the Home Office, the applicant will be given a right to make a request for a review of the decision that must be exercised within 14 days of the date of service of the decision. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.
An application for Administrative Review can be submitted only once. If for any reason a decision cannot be made within 14 days, the applicant will receive an official notification from the Home Office of the expected date of the decision within this period.
It is therefore strongly advised to take professional help while making grounds for making review request.
What services can we offer?
We can advise on the procedure, legal and evidential requirements and merits of making an application to the Home Office.
We can advise and represent our clients in making representations in support of their immigration matters.
We can advise and represent our clients’ dependants in order to seek dependant visas in line with the visa of the main applicant.
We can make a request for an administrative review if the applicant's application is refused.
We can advise in making applications for indefinite leave to remain (ILR) for those who have already completed their relevant residence period in the UK.
We can assist in searching and purchasing an existing business, advise on franchise opportunities.
We can provide an incorporation of a UK company and annual support service, assistance with company assets management by means of registration of trusts and offshore companies, accounting and legal services for UK companies.
We can assist in opening a bank account.