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Extension of Tier 1 Entrepreneur Visa: Main Points of the case

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As you may aware Tier 1 Entrepreneur Visa has been cancelled in April 2019, however applicants who has successfully applied for this visa route and developing their businesses in the UK have option to extend the leave to remain in the UK and obtain British Nationality.

Holders of the Tier 1 Entrepreneur visa may apply to extend their stay in the UK for a further 2 years under Tier 1.

The extension application is, however, highly involved. The criteria are strict, and the requirements to provide documentary evidence are strict. The demands can be even tougher if applicants to not keep supporting documentation up to date. Failure to present a comprehensive and complete application can lead to delays in a decision or even refusal. There is also the possibility that you may be invited to interview by the Home Office, to discuss in detail your application, your business and your activity during your stay to date.

The following requirements are mandatory for a successful application:

  1. You have invested your minimum funds of £50,000 or £200,000 into one or more UK businesses;
  2. You are a director of a business, or you are self-employed in a UK business;
  3. Your business activities have been genuine and continuous;
  4. Your business has created at least two new full-time jobs for UK settled workers;
  5. You possess sufficient funds for supporting yourself and your dependants in the UK;
  6. You meet the English language proficiency requirements via;
  7. Nationality from an English-speaking country, or;
  8. An accepted English language degree, or;
  9. Successfully passing an accredited English language test;
  10. Your business is credible, and you pass the Genuine Entrepreneur Test

A valid application must be submitted before your current leave expires. For that purpose, it is always advised that the application is submitted as soon as possible, within the last 28 days of the leave. The Tier 1 Entrepreneur visa category is one of the more paper intensive applications and you will require many documents from third parties, so it is important to allow others time to prepare the documents that you will need from them.

It is vital to include some evidence of what your business has been doing since you first entered the Tier 1 Entrepreneur visa category. This is to show that you are a genuine entrepreneur at the visa extension stage.  Some of these documents you will be required to keep for accounting purposes in any event, but you might also want to think about some of the key documents that you might want to show the Home Office as your business develops. Gathering and filing these at the time will make the Tier 1 Entrepreneur visa extension application process much simpler.

Maintenance funds for a Tier 1 Entrepreneur visa extension application must be held for 90 days. There is no discretion in the rules to hold them for a shorter period. While it can be easy to focus on the business aspects of the Tier 1 Entrepreneur visa extension application, it is important to remember that a single flaw, such as holding your maintenance funds for 89 days rather than the required 90 could cause your application to refused, no matter how great your business is. In order to avoid this, decide which personal bank account you will rely on for the maintenance funds more than 90 days before you wish to apply and check that the balance is sufficient for yourself and any family members also relying on this account. This account should either not be touched for the 90 day period, or if this is not an option, the balance carefully monitored.

Before making a Tier 1 Entrepreneur visa extension application, it is always worth looking to see if you might meet the requirements to settle on the accelerated route, if you have increased turnover by £5 million or have created 10 jobs for the settled population. However, even if not, it is worth considering what your ultimate route to settlement might be. This might include considering other categories, such as the long residence route, if you have been in the UK continuously and lawfully for 10 years. However, it might also just include matters such as ensuring that your next extension will take you to complete the full five years as an Entrepreneur, so as to avoid having to make a second Tier 1 Entrepreneur visa extension application. This will be particularly important for individuals who want to make their application early to ease travel arrangements or those with a large number of absences, particularly at the start of their five-year period.

The government fees applicable to the extension of your Tier 1 Entrepreneur visa is £1,277 plus £19.20 for biometric enrolment.

FREE CONSULTATION FROM IMMIGRATION LAWYERS IN LONDON – Tier 1 Entrepreneur visa 

You can request 15 minutes free consultation from our immigration lawyers; it will be conducted over the phone only.

Mann’s Solutions is international immigration law firm with offices in London, Hong Kong, Istanbul and St Petersburg and has expertise in offering UK Visas and Immigration by Investment services to high net worth individuals. Our immigration lawyers regulated by OISC (Office of the Immigration Services Commissioner).

For further information or to discuss your personal circumstances in a private consultation with our immigration lawyers in London Office, please contact us at enquiries@manns-solutions.com or call +44 207 993 63 46.