We received some wonderful news this week that our client and his spouse’s (the Applicants) Tier 1 Entrepreneur extension applications had been granted. Our immigration team prepared the Applicant’s initial Tier 1 Entrepreneur application and we were instructed for a second time to prepare the extension application. During the preparation of the initial application, the Applicants were impressed with our immigration team’s specialist knowledge and the high level of service they had received. Our immigration team takes full responsibility in preparing applications and go over and beyond to ensure our clients have a stress free experience in submitting their Tier 1 Entrepreneur applications or any other UKVI application or appeal. The Applicants investment of £200,000 in the UK was not straightforward as they had invested the funds into a number of different companies. There were also complexities regarding the job creation requirement (see below). Despite the complexities of this case our immigration team successfully assisted the Applicants with their Tier 1 Entrepreneur extension and they were issued with their visas within 5 weeks.
Background – Tier 1 Entrepreneur extension application
The Applicants were nationals of Australia and they had set up a number of businesses in the United Kingdom. The Applicants had extensive qualifications and practical experience in their chosen field of business. In our initial consultation with the Applicants, our solicitors identified two potential issues with their application. The first was the investment of £200,000. The Applicants had invested the £200,000 in their primary business (related to their initial Tier 1 Entrepreneur application) but then loaned the money to their other businesses in the UK. The second issue was meeting the job creation requirement. The Applicants primary business had not created two full-time jobs or 4 part-time jobs in the UK. However, after a detailed assessment of all the businesses where the Applicants had invested their money, our solicitors were able to provide a solution to this issue. The Applicants were informed that their case was not straightforward and comprehensive legal representations were required explaining how their application met the requirements. The Applicants instructed us to prepare and assist with the submission of their Tier 1 Entrepreneur extension application. Our solicitors were able to prepare an exceptional application and eliminated any concerns, resulting in a successful application.
Eligibility for a Tier 1 Entrepreneur extension Application
Applicants who were initially granted a Tier 1 Entrepreneur visa would have been granted leave for 3 years and 4 months. At the time of the grant, applicants are given a number of visa conditions which they must satisfy so that they could apply for a Tier 1 Entrepreneur extension. Similar to the initial Tier 1 Entrepreneur application, applicants who wish to apply for a Tier 1 Entrepreneur extension must meet the requirements listed under the Immigration Rules but must also cater for the Home Office policy guidance as the Immigration Rules only explain the basic requirements. Applicants must score 95 points to be granted a Tier 1 entrepreneur extension. Points can be accumulated as noted below:
- 75 points for Attributes: Showing that you have invested £200,000, showing registration with HMRC as self-employed, showing registration with HMRC as a director and lastly by showing you have established or taken over a business in the UK;
- 10 points for the English language: Showing that you have passed an English language test at an approved test provider at level B1 of CEFR or you hold a degree taught in English or you are a national of a majority speaking country; and
- 10 points for maintenance: Showing that you have at least £945 of personal savings which have been held for 90 consecutive days prior to the submission of your application.
The above are the basic requirements, in addition to the above, Applicants should be aware of the specified documents that must be provided with the Tier 1 entrepreneur extension application. It is important to note that the Home Office will consider the source of funds for the initial investment, therefore, there should be a paper trace leading to the money. The job creation requirement is as equally important (see below) and the financial documents should also be collated i.e. accounts, payroll and other HMRC documents (as per the Home Office specified list).
As mentioned above, one of the main requirements is that Applicants must be able to provide evidence that they have created two fulltime jobs in the UK for at least 12 months before the date of the Tier 1 entrepreneur extension application. The jobs created must be for taken by settled British nationals but directors cannot themselves within the job creation requirement. A fulltime job is one involving at least 30 hours of paid work a week. One of the main issues Applicants often face is that their business has created a number of part-time jobs and not fulltime jobs. It is possible to rely on part-time jobs to meet the jobs creation requirement but it should be noted that there is a specific formula used by the Home Office when calculating whether the requirement is met or not. The Home Office expects to see a specific list of supporting documents submitted with the Tier 1 entrepreneur extension application. We have listed some of the documents below:
- Evidence of employee’s nationality;
- Employment contracts;
- Payslips and P60’s; and
- Printouts of Real-Time Payment submissions.
Applicants should seek legal advice prior to submitting a Tier 1 Entrepreneur extension application as the consequences of submitting an imperfect application for businesses is catastrophic.
Using Legal Representation to Submit a Tier 1 Entrepreneur extension application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your Tier 1 Entrepreneur extension application. It is possible to instruct immigration and visa legal representative to submit an extension 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 UK Tier 1 Entrepreneur extension 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 entrepreneur extension application meets the Immigration Rules.
Successful Tier 1 Entrepreneur extension application
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 Tier 1 Entrepreneur extension application and the merit of your extension application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration 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 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 for you to discuss a successful application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.