Following the publication of the recent Statement of Changes HC919 on 7 March 2019 there has been ample concerns and uncertainty amongst entrepreneurs looking to set up or take over existing businesses in the United Kingdom. The Home Office has now confirmed that the Tier 1 Entrepreneur visa route will be closed for new Applicants on midnight on 29 March 2019 and all new applications must be submitted before 30 March 2019. However, the Home Office is set to introduce the Tier 1 Innovator visa for business persons looking to set up a business in the United. Whilst the nature of the Tier 1 Entrepreneur visa and the Tier 1 Innovator visa is similar there are considerable differences in the requirements under the Immigration Rules. The official introduction of the new provisions in the Immigration Rules for the Tier 1 Innovator visa will be published on 29 March 2019.
It’s not too late to submit your Tier 1 Entrepreneur visa application
Applicants can submit their Tier 1 Entrepreneur visa application up until midnight on 29 March 2019 and then book an appointment at a visa application centre. The appointment can be booked for a later date and this gives Applicants more time to gather the required documents. It should be noted that the documents for the application must be submitted at the appointment at a visa application centre. To submit a Tier 1 Entrepreneur visa application the following requirements must be met:
Tier 1 Entrepreneur visa applications are considered under Paragraph 245D of the Immigration Rules. The Home Office will also take into consideration the appropriate appendixes to the Immigration Rules and Policy Guidance. Applicants are required to score 95 points for a successful Tier 1 Entrepreneur visa application. Applicants will be awarded points for the following:
- 75 points for meeting the Attributes requirement;
- 10 points for meeting the Maintenance requirement; and
- 10 points for meeting the English language requirement.
To score 75 points for the attributes requirement Applicants must show that they have at least £200,000 readily available to use for their proposed business. The money must also meet a list of specific requirements and be held for at least 90 consecutive days. Applicants must also meet the Genuine Entrepreneur Test (please see below).
To score 10 points for the maintenance requirement Applicants must show that they have sufficient funds (£3310 or £945) available to accommodate and maintain themselves in the United Kingdom without recourse to public funds. The money for maintenance must also be held for 90 consecutive days.
To score 10 points for the English language requirement Applicants must have passed an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening or have an academic qualification that was taught in English. Applicants can also meet the English language requirement if they are from a majority English speaking country.
In addition to the above, Applicants must also meet the Genuine Entrepreneur Test showing that their business idea is viable and credible.
Is the Tier 1 Entrepreneur visa application going to be replaced?
The Tier 1 Entrepreneur visa application will be replaced with the Tier 1 Innovator visa on 29 March 2019. The notable difference between the two visas is that the investment funds of £200,000 have been reduced to £50,000. Further, unlike the Tier 1 Entrepreneur visa application, the innovator visa will be broken down into two stages. The First stage will be an endorsement application to an appropriate endorsement body (the bodies will be confirmed on 29 March 2019). The endorsement body will approve the business idea on behalf of the Home Office. The second stage will be the visa application to the Home Office. These changes have been welcomed by immigration law practitioners as it appears that the Home Office will not be involved in assessing a business’s viability or credibility. This task will be passed on to the appropriate specialist endorsement body which is likely to result in an increase of consistent and fairer decisions when assessing the viability or credibility of the business. In the past, the Home Office often refused applications on the basis that they believed that the Applicants business idea was not viable or credible which was very controversial as it was not clear how Home Office cases workers were making their assessment.
Using Legal Representation to Submit a Tier 1 Entrepreneur visa 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 visa application. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur 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 UK Tier 1 Entrepreneur 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 visa application meets the Immigration Rules.
Successful Tier 1 Entrepreneur visa 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 visa application and the merit of your Tier 1 Entrepreneur 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 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 Entrepreneur 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 Tier 1 Entrepreneur visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.