Business, Interrupted: Keeping up with Tier 1 Entrepreneur visa extension conditions through the pandemic

Although the Tier 1 Entrepreneur visa category has been closed to new applicants for some time now, current visa holders are allowed to make extension applications. This is a strenuous process, particularly you’re your business has not gone according to plan because of the pandemic. This article outlines the extension requirements and how you can fulfil them. Our Immigration Team has helped several entrepreneurs make applications for extensions of their visa with tremendous success. We worked closely with clients to ensure that they would make a successful application.    

It is integral for a successful application to get started as early as possible, even months in advance of when your visa is due to expire. This gives us the opportunity to closely evaluate your (business) circumstances and develop a plan of action for you to rectify any shortcomings. This would also give you sufficient time to be able to implement this plan without diverting your attention from what matters most: your business.  In our experience it is best to instruct a solicitor at least 6-7 months before your visa is due to expire, particularly if your business has taken a hit during the Covid-19 pandemic.

The foremost requirement is for you to have registered as a director or as self-employed within 6 months of the date your Tier 1 Entrepreneur visa commenced. You must be able to prove that you have been working as a director, self-employed or in a partnership in the 3 months preceding your extension application.

You must additionally be able to show that you can continue to support yourself. In order to do so, you must have at least £945 in a bank account for at least 90 days before you apply. For each dependant, you must have an additional £630, provided that you have been in the UK for over 12 months. Normal evidential requirements apply.

You must have invested into one or multiple businesses in the UK an a cumulative of either £50,000 or £200,000, depending upon the amount your initial application was based upon.  

It is essential that you have created at least 2 full time jobs for ‘settled workers’ that have existed for at least 12 months before your extension application. We understand that this has been a challenge for most businesses as the country has remained shut down during the pandemic. Of utmost importance is to pass the Genuine Entrepreneur test. This carries a heavy burden of proof and it is necessary to submit the correct documents for your application to be granted. Therefore, it is recommended that you seek assistance from a solicitor who can guide you on how to overcome this hurdle and the corrective action you could take.

It costs £1,292 per applicant if you apply when you’re in the UK and £1,036 per applicant if you apply when you’re outside the UK. You would also have to pay the Immigration Health Surcharge, which currently stands at £624 per applicant per year.

Certain documents must be submitted with your application, or your application can be refused; these are called specified documents. Specified documents include your business accounts, HMRC/ Companies House documents and payslips. This is a non-exhaustive list and it is essential to submit all the required documents in order for your application to succeed. We work closely with our clients to ensure that all of these accompany the application.

The key ingredient to success if having the right support. Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest.

We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of the merit of your application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA and LEXLAW are just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is integral to success. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and develop a timely strategy for your successful application.

Contact our London immigration solicitors on 02030110276 or complete our contact form.