If you were initially granted a Tier 1 entrepreneur visa you would have been granted a visa for 3 years and 4 months. On entry, you would have been required to either set up or take over an existing business and invest the obligatory amount of £200,000. Applicants who wish to continue their business activity in the UK must apply for a Tier 1 entrepreneur extension. If your Tier 1 entrepreneur extension application is successful you will be granted leave to remain for a further 2 years and after this period you can apply for indefinite leave to remain in the UK under the Tier 1 entrepreneur route. There are a number of requirements that must be met for a Tier 1 entrepreneur extension. Similar to the initial application Applicants must score 95 points by meeting the requirements under the Immigration Rules (attributes, English language and maintenance). Applicants should be conscious of the fact that the Home Office will conduct much more detailed checks when assessing the Tier 1 entrepreneur extension application.
What are the requirements 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. The policy guidance itself explains how to meet the requirements and what documents to provide. However, both the Immigration Rules and policy guidance are often described as complicated by the layperson.
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).
What is the job requirement in the Tier 1 entrepreneur extension application?
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.
Applying for Indefinite Leave to Remain after securing the Tier entrepreneur extension?
After holding 5 years of valid leave under the Tier 1 entrepreneur category you can apply for indefinite leave to remain. The benefit of applying for indefinite leave to remain is that you will no longer be subject to immigration restrictions and you will not need to renew your visa periodically. Once you acquire indefinite leave to remain this will be valid for life unless you breach the conditions. The main requirements for Tier 1 entrepreneur indefinite leave to remain are that Applicants must show that they have had valid leave for 5 years (by providing documentary evidence), have good character, and meet the English language/Knowledge about Life in the UK requirement. Applicants can apply for British citizenship one year after the date their Indefinite Leave to remain was granted.
Using Legal Representation to submit a successful 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 immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 1 entrepreneur extension application. 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 visa applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 entrepreneur extension 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 submit a 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 prospects of submitting a Tier 1 entrepreneur extension application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an 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. 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 a successful Tier 1 entrepreneur extension 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 your immigration matter or application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.