What is the Tier 1 Entrepreneur Visa and who should apply?

The Tier 1 Entrepreneur visa is designed for high net worth business people who wish to come to the UK to establish or taking over an existing business. If you wish to submit a successful Tier 1 Entrepreneur visa application it is crucial you are familiar with the Immigration Rules and Policy Guidance. The key consideration for a successful Tier 1 Entrepreneur visa application is the ability to demonstrate genuine intention as well as showing the credibility of the business in question.

What is a Tier 1 Entrepreneur Visa?

The Tier 1 Entrepreneur visa is an application made under the Points-Based System (PBS). The Tier 1 Entrepreneur visa allows business people to come to the UK to establish or take over an existing business in their specialist field. When considering Tier 1 Entrepreneur visa applications the Home Office apply the Immigration Rules strictly with little room for flexibility. It is important to note every requirement must be met with sufficient documentary evidence. More importantly, Applicants should be familiar with the Policy Guidance as this document further elaborates on the rules and provides vital information on the Immigration Rules.

It is important your Tier 1 Entrepreneur Visa application is prepared as strongly as possible to ensure it has the best chance of success. The main obstacle for this particular application is meeting the financial requirement and Genuine Entrepreneur Test. In order to submit a successful Tier 1 Entrepreneur Visa application, contact our business immigration team for a free telephone case assessment.

How to apply for a Tier 1 Entrepreneur Visa?

The relevant rules for a Tier 1 Entrepreneur Visa application can be found under Paragraph 245D of the Immigration Rules. In addition to Paragraph 245D, Appendix A, B and C must be considered.  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 further elaborate on the requirements Applicants must show genuine intention to establish or take over an existing business in the United Kingdom. Applicants must also demonstrate that they have £200,000 readily and available to invest. The funds must have been held in the Applicants name for a consecutive 90 day period and must be held in a regulated financial institution. Applicants must also demonstrate that they meet the English Language requirement and are able to maintain and accommodate themselves in the UK. It is also important for Applicants to satisfy the Genuine Entrepreneur Test (more information on this requirement provided below).

Can I Switch into a Tier 1 Entrepreneur Visa?

The simple answer is yes. Applicants who have valid immigration status in the United Kingdom can switch into this visa category if they can meet the requirements. Unfortunately, Applicants on tourist visas cannot switch into the Tier 1 Entrepreneur Visa category within the United Kingdom and an Entry Clearance application must be submitted.

What is the Tier 1 Genuine Entrepreneur Test?

Since January 2013 Applicants must now meet the Tier 1 Genuine Entrepreneur Test. Whilst there is little reference to the Tier 1 Genuine Entrepreneur Test in the Immigration Rules. In our experience, the Tier 1 Genuine Entrepreneur Test is a vital part of the application process. A failure to provide sufficient documentary evidence showing that you are genuinely seeking to establish a viable business or take over an existing business will result in your application being refused.  The Home Office will apply the Tier 1 Genuine Entrepreneur Test by carrying out a detailed assessment of the following:

  • Firstly, the Home Office will assess the application to see whether the application is credible and genuine.
  • If the first part is met the Home Office will then move onto the viability of the business.

We have previously written about the Tier 1 Genuine Entrepreneur Test in greater detail and you can read our article here on “Overcoming the Tier 1 Genuine Entrepreneur Test”.

What is the Home Office Tier 1 Entrepreneur Visa Interview?

It is not unusual for the Home Office to invite Applicants to attend a Home Office interview. The purpose of the interview is for the Home Office to assess the Applicants knowledge of their business. The Home Office would also ascertain more information about the Applicants background and future plans. It is important for Applicants to be well prepared and to have a broad understanding of their business activity, business model and most importantly in-depth knowledge of their business plan. For more information on the Tier 1 Entrepreneur visa interview please see our previous article on “successfully overcoming the Home Office Tier 1 Entrepreneur Interview”.

Using Legal Representation to submit a successful 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 immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application to apply for 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 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 submit a 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 prospects of submitting a Tier 1 Entrepreneur Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Tier 1 Entrepreneur Visa 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 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 a Tier 1 Entrepreneur Visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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