The Tier 1 Start-up visa was introduced on 29 March 2019 replacing the former Tier 1 Entrepreneur visa/Tier 1 Graduate Entrepreneur visa. The Tier 1 Start-up visa is for business persons seeking to establish a business presence in the United Kingdom. Applicants must ensure that their business is innovative, viable and scalable. The Tier 1 Start-up visa is not only available to graduates, but it is also open to anyone who is looking to establish a business for the first time in the UK. A significant difference is that there is no longer a funding requirement. In the past, Applicants had to show that they had at least £50,000 to invest in their proposed business. The application is broken down into two stages. Applicants must first apply for an endorsement from an approved industry body and then apply to the Home Office for the visa. Applicants can still apply for Tier 1 Entrepreneur extensions until 5 April 2023 and settlement until 5 April 2025.
What is the Tier 1 Start-up visa?
The Tier 1 Start-up visa is for non-EEA national entrepreneurs who wish to set up a business in the UK. This new visa has replaced the former Tier 1 Entrepreneur visa/Tier 1 Graduate Entrepreneur visa. Applicants must show that their business idea is innovative, viable and scalable and they must secure an endorsement from a UK higher education institution or a business organisation with a history of supporting UK entrepreneurs.
What are the requirements for a Tier 1 Start-up Visa?
Applicants who wish to apply for a Tier 1 Start-up visa must meet the requirements listed under Appendix W of the Immigration rules. To summarise, Applicants must:
- Be at least 18 years old on the date of the decision;
- Be of good character and not fall under the general grounds for refusal;
- Not have a history of overstaying except for any period of overstaying allowed under the Immigration Rules;
- Pass the credibility assessment (see below); and
- Meet the English language and maintenance requirements (see below).
It is important to submit a well-prepared application with all the mandatory documents. Our Immigration solicitors can advise on the requirements and application process.
What is the Tier 1 Start-up credibility assessment/endorsement requirement?
The Home Office will no longer carry out a genuine entrepreneur test in reviewing an Applicants business idea. Immigration practitioners often questioned and criticised the Home Offices’ approach in conducting the genuine entrepreneur test. As a result, the Home Office has now introduced a credibility assessment/endorsement requirement for the Tier 1 Start-up visa. Applicants secure an endorsement from a UK higher education institution or a business organisation with a history of supporting UK entrepreneurs. Applicants are required to submit their business idea alongside a detailed business plan to a relevant endorsement body. The endorsement body will review whether the business is innovative, viable and scalable. The endorsement body must provide a letter to the Applicant confirming the details listed under Appendix W of the Immigration Rules.
What is the Tier 1 Start-up English language and maintenance requirement?
Applicants must show that they have sufficient knowledge of the English language by passing an English test at level B2 of the Council of Europe’s Common European Framework. In the alternative, Applicants can meet the English language requirement if they have obtained an academic qualification which was taught in English or if they are from a majority English speaking country.
Applicants must show that they have at least £945 in savings to meet the maintenance requirement. The money must be held for a consecutive 90 days with the last statement dated 31 days before the date of the application.
Is it possible to switch into a Tier 1 Start-up visa?
In some circumstances, Applicants can switch into the Tier 1 Start-up visa from within the United Kingdom. In order to switch into this visa Applicants must have been last granted leave (visa) as a:
- Tier 1 (Graduate Entrepreneur) migrant (who has not yet been granted 2 years’ leave in the category);
- Tier 2 migrant;
- Tier 4 (General) student; and
- A visitor who has been undertaking permitted activities as a prospective entrepreneur, as set out in Appendix V.
Successful Applicants will be granted a visa for 2 years. Similar to the Tier 1 Graduate Entrepreneur visa, this route does not lead to settlement (Indefinite leave to remain).
Using Legal Representation to submit a Tier 1 Start-up 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 a UK Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules for Tier 1 Start-up visa applications.
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 application succeeds and meets the requirements, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence in support of your application. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Tier 1 Start-up Visa applications
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 Start-up visa application and the merit of an application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your 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 visa 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 the new Tier 1 Start-up visa application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.