We recently received some good news from the business Immigration Team at the Home Office that our client (“the Applicant’s”) Tier 1 Entrepreneur extension application was successful. Our specialist Business Immigration Team currently holds a 100% success rate on these applications. This particular Tier 1 extension application was complex due to the Applicant not being able to provide all of the mandatory documents required for his extension application. It is very common for the Home Office to refuse applications where Applicants fail to provide mandatory documents. However, our specialist Business Immigration Team submitted a well-prepared application and drafted detailed legal representations asking the Home Office to grant the application based on the success of the Applicant’s business. To our and the Applicant’s surprise, the Home Office granted the application in under a week from the date the Applicant provided his biometric information.
The case for Tier 1 Entrepreneur Extension
The Applicant was a national of the United States of America and had entered the UK on a Tier 1 Entrepreneur visa. In our initial consultation with the Applicant, we advised the Applicant of the requirements for the extension application and the required supporting documents.
The Applicant established his proposed business in the UK and had successfully exceeded his aims, objectives, and financial projections. The Applicant’s business was a service-based business and did not require the full £200,000 investment. As a result, the Applicant had only invested a small portion of the investment sum and this made the extension application more complex as at the time of the extension application the Home Office expects to see that the full investment sum was invested in the business. In addition to this, we had also identified potential issues in meeting the ‘job creation requirement’ as the Applicant had to furlough some of his employees due to the COVID-19 pandemic. However, we were able to successfully overcome both issues by preparing detailed legal representations in support of the application. With regard to the job creation requirement, we relied on the latest guidance on Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents, which stated:
“You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months but this must be equivalent to 2 full time jobs.
Time when your employees were furloughed will count towards the 12 month period if they have been paid at least 80% of their normal salary. 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 and you’ve been unable to employ staff for 12 months due to coronavirus.”
What is a Tier 1 Entrepreneur extension application?
Applicants will initially be granted entry clearance for 3 years and 4 months under the Tier 1 Entrepreneur route. Following this, Applicants must apply to extend their visa for a further 2 years. The earliest an Applicant can apply for the extension is 28 days before the expiry of the current visa. After spending 5 continuous years on this route Applicants can apply for indefinite leave to remain. However, under some circumstances, you can apply to settle after 3 years if you can show that your business has generated an income of £5 million or created 10 full-time jobs. Applicants can then apply for British citizenship (must have held indefinite leave to remain for at least 12 months).
What are the requirements for Tier 1 Entrepreneur extension application?
Applicants must meet the requirements listed under Paragraph 245DD of the Immigration Rules and meet the relevant requirements under Appendixes A, B & C. The key requirements are:
- Applicants must show that they continue to meet the genuine entrepreneur test and have established or taken over an existing business in the UK;
- Applicants must show that they have invested or caused investment of at least £200,000 in their proposed business;
- Applicants must show that they have registered with HMRC (within 6 moths) as a self-employed person, registered a new UK business with the applicant as a director or registered as a director of an existing UK enterprise;
- Applicants must show that they have engaged in activity within the business;
- Applicants must have created at least 2 full-time jobs for British or settled workers; and
- Applicants must meet the maintenance requirement and the English language requirement.
The Home Office reserve the right to request further documents or information at any stage post submission of the application where they believe it is necessary to do so. If you fail to comply with their request your application may be refused. You will normally be given 28 days to provide further documents or information.
How much does it cost for a Tier 1 Entrepreneur extension application?
The Tier 1 Entrepreneur extension application costs £1277 and there is a further fee of £19.20 for the biometric enrolment. Applicants must also pay the Immigration Health Surcharge, which is currently £624 per year. Applicants applying for indefinite leave to remain are exempt from paying the Immigration Health Surcharge.
How our immigration solicitors can help with a Tier 1 Entrepreneur extension visa application
Our immigration solicitors in London specialise in Tier 1 Entrepreneur extension visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Tier 1 Entrepreneur extension visa applications for a range of different clients. The key to submitting successful applications is being aware of the relevant Immigration Rules. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Using our immigration solicitors to submit a Tier 1 Entrepreneur extension visa application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur extension visa application.
Caseworkers at the Home Office are trained to reject applications, which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur extension visa application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur extension visa application meets the Immigration Rules.
Successful Tier 1 Entrepreneur extension visa application with our immigration solicitors
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 your immigration status and the merit of your Tier 1 Entrepreneur extension visa 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 is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
Preparation is the key to a successful Tier 1 Entrepreneur extension visa application. 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 arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.