If you are currently in the UK with valid immigration status and would like to set up a business or take over an existing business, you may be eligible to switch into a Tier 1 Entrepreneur Visa. The Tier 1 Entrepreneur visa is a popular route for Applicants who hold leave under the Points Based System, such as a Tier 1 Graduate Entrepreneur, Tier 2 General Worker or Tier 4 General Student visa. Our Solicitors and Barristers are experts in advising Applicants on the Tier 1 Entrepreneur Visa route. We regularly assist high net worth clients with applications to switch into a Tier 1 Entrepreneur Visa and have a wide range of established contacts to assist with the finance or company formation ensuring success.
Can I Switch into a Tier 1 Entrepreneur Visa?
Applicants who would like to switch into a Tier 1 Entrepreneur Visa must have valid immigration status in the UK and ensure an application to switch is made in accordance with the UK Immigration Rules and Policy Guidance. Applicants in the UK under the following Points Based System categories may be eligible to apply to switch into a Tier 1 Entrepreneur Visa:
- Tier 1 Investor or Tier 1 Graduate Entrepreneur;
- Tier 2 General Workers; and
- Tier 4 Students.
It is important to note that Applicants on a Tier 1 Graduate Entrepreneur Visa may rely on their own personal cash savings if they can demonstrate that the funding is readily available to invest and has been held in a regulated financial account for a consecutive 90 day period. Similarly, Applicant’s on a Tier 1 Investor or Tier 2 General Work Visa can also rely on their own personal cash savings if the funding requirements are met.
Whilst Tier 4 General students are permitted to switch into the Tier 1 Entrepreneur Visa, they can only meet funding requirement from an approved source and cannot rely on their own personal cash savings. Tier 5 Youth Mobility Workers cannot switch into the Tier 1 Entrepreneur Visa but can submit an Entry Clearance application.
Eligibility Requirements for Tier 1 Entrepreneur Visa
Whilst it is true the above categories do not require Applicants to have previously set up their business, Applicants still need to be able to demonstrate they meet the eligibility requirements for a Tier 1 Entrepreneur Visa. In particular, Applicants must be able to demonstrate that they satisfy the Tier 1 Genuine Entrepreneur Test. One of the key benefits of submitting an application to switch into a Tier 1 Entrepreneur visa is that applications are made within the UK and does not require Applicants to return to their country of residence and apply for Entry Clearance.
The Tier 1 Entrepreneur Visa eligibility requirements can be read under Paragraph 245 of the Immigration Rules, please see some of the key requirements below:
- 75 Points for Attributes requirement;
- 10 points for the English Language requirement; and
- 10 points for Maintenance requirement.
In some circumstances, the money for investment can be shared among a team of (maximum of 2) Entrepreneurs if the funds have not already been used with a different team.
Using Legal Representation to Switch into a Tier 1 Entrepreneur Visa
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to switch into a Tier 1 Entrepreneur Visa. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
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 switch into a Tier 1 Entrepreneur Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successfully Switch into a Tier 1 Entrepreneur Visa
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 prospects of submitting an application to switch into a Tier 1 Entrepreneur Visa before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application to switch into a Tier 1 Entrepreneur Visa 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. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. 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 to discuss an application to switch into a Tier 1 Entrepreneur Visa.
Contact our London immigration solicitors on 02071830570 or complete our contact form.