UK Immigration Case Study: Tier 1 Entrepreneur Visa Success

Our Immigration Team were recently instructed to represent a client, who wanted to extend her stay in the UK as a Tier 1 Entrepreneur migrant. The Applicant had initially obtained entry clearance as a Tier 4 Student and entered the UK in 2009. The Applicant began studying and after the completion of the course, the Applicant applied for and was granted leave to remain as a Tier 1 Post Study Worker in 2011. The Applicant submitted an application for leave to remain as a Tier 1 Entrepreneur migrant on 24 December 2012 by herself, which was subsequently refused. The Applicant appealed the decision and her appeal was subsequently dismissed at the First Tier Tribunal.

Our Immigration Team were instructed to prepare and submit a fresh application in February 2014, as the applicant wanted to run a business in the UK and planned to invest £50,000 in her business. Our Immigration Team prepared and submitted our client’s application with the requisite supporting documents and detailed representations. We have recently been informed by the Home Office that she had been granted leave to remain as a Tier 1 Entrepreneur

UK Tier 1 Entrepreneur Visa: An Overview

If you want to run or set up a business in the UK, you can apply for a Tier 1 Entrepreneur visa. There are a number of eligibility requirements that have to satisfy in order to obtain the visa. For instance you must:

  • A minimum investment of £200,000; to start the proposed business; or
  • Have access to £50,000 from a registered capital firm regulated by FSA or a UK entrepreneurial seed funding competition (endorsement from UK TDI) or a UK Government  project for specifically establishing a business; or
  • Have access to £50,000 and are applying for leave to remain and have, or were, granted leave as a Tier 1 (graduate entrepreneur) migrant, or
  • Have access to £50,000, are applying for leave to remain, have or were granted leave as a Tier 1 (Post-study work) migrant, were registered with HMRC as either self-employed or a director of a new or existing business no more than 3 months before your application and finally; are engaged in business activity other than the work necessary to administer your business that conforms with the National Qualifications Framework Level 4 and above;
  • Meet the English language requirements;
  • Provide evidence that you are able to maintain yourself; and
  • Be at least 16 years old.

 Britain needs Migrant Entrepreneurs

Earlier this year a report published by Centre for Entrepreneurs and business information experts DueDil, showed that migrant entrepreneurs have set up one in seven UK companies, with people born abroad almost twice as likely to start a business in the UK. The report revealed that 1 in 10 people who are born in the UK start a business at some stage in their lives, whilst the figures for migrants coming to the UK and starting businesses is more than 1 in 6. As a result 14 per cent of all British jobs are created by companies founded by migrant entrepreneurs now living in the UK.

According to the report, nearly half a million migrants from 155 countries have settled in the UK and launched businesses. There is significant representations from Ireland, India, the US, Germany and China, as well as African countries. There are 464,527 active UK companies with migrants as founders or co-founders; with a total of 3,194,981 active UK companies (not including sole traders), migrant entrepreneurs are behind 1 in 7 of all UK companies.

Luke Johnson (Chairman of Centre for Entrepreneurs) and Damian Kimmelman state the following in the report:

“While popular perceptions of immigration involve migrants arriving in the UK to take jobs and depress wages, migrants actually tend to be highly entrepreneurial. Many want to launch businesses and create jobs. Many come here with specific plans that they can realise in Britain’s business-friendly environment. As we map our economic future, we can no longer afford to ignore such an important source of economic dynamism. The current tone of hostility towards immigration – even within mainstream political debate – could prove damaging for future job creation in the UK, especially in high-growth entrepreneurial sectors. Instead, we should appreciate that migrant entrepreneurs have overcome significant challenges to develop enterprises in the UK. In many respects, the odds have been stacked against them. Yet they still thrive and triumph.”

Successful Tier 1 Entrepreneur Visa Applications & Appeals

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process of making a Tier 1 Entrepreneur visa application step by step and limit the possibility of failure by complying with the strict letter of the law.

We also undertake a great deal of appeal work before the Immigration and Asylum Tribunal and have a successful track record of successful results for our clients. We have the experience and the knowledge required to take your case forward successfully. If you have had a entrepreneur visa refused, contact us to discuss your case so that we can provide you with a case assessment.

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