Entrepreneurs

As from April 2019, the Entrepreneur category closed to new applicants. Those who are currently holding permission to enter / remain in the UK as an Entrepreneur may continue to extend their stay or settle.

For those who wish to set up or run a business in the UK, you may be eligible to apply for an Innovator or a Start-up visa instead.

If you already have a Tier 1 Entrepreneur visa you can still apply:

To extend your visa:

N

If you are registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 Entrepreneur visa

N

If you can prove you have been self-employed, a member of a partnership or working as a director of a business 3 months before you apply

N

Created at least 2 full time jobs for settled workers that have existed for at least 12 months.  

The Home Office have released (November 2020) further guidance for the job creation rule where businesses have been disrupted by the Coronavirus (COVID-19) pandemic

 If an applicant has not been able to employ staff for 12 months by the time their visa expires, they will be allowed to extend their stay for a further 2 years. They can do this if:

  • they can evidence they have created at least 2 jobs for settled workers at the point they make the application
  • they have been unable to meet the normal requirement due to the impact of the pandemic.

Temporary extension applications must be processed in line with standard extension applications, and applicants are expected to meet the financial requirements and score the related attribute points, with an exception for job creation.

N

Can continue to support yourself

N

Have invested into one or more UK businesses either £200,000 or £50,000 in cash

N

Can show that your business is a genuine venture and the investment has been used for the advancement of that business

To settle in the UK:

R

after 3 years if you have created enough jobs and income or

R

after 5 years of holding this status

To apply for accelerated settlement after a continuous period of 3 years:

N

you must meet the residency requirements. Normally you cannot have had more than 180 days’ absence from the UK during any consecutive 12 months of the qualifying period. The way this is calculated depends on when you last made an application to enter / remain in the UK

N

you must have invested or caused investment to be made by one or more third parties totalling at least £200,000 (or £50,000 if you were awarded points for £50,000 funding or investment in your last grant of leave) in cash directly into one or more UK businesses

N

you have been:

K

a) registered with HM Revenue & Customs as self-employed, or

K

b) registered with Companies House as a director of a UK company or member of a UK limited liability partnership

K

The requirements above must have been met within 6 months of entering the UK or within 6 months from the date your last leave was granted, and within the 3 months before the date of application

N

you have established a new business or businesses that has/have created the equivalent of at least 10 new full-time jobs for settled workers

K

The jobs must have existed for at least 12 months during your most recent grant of leave or where leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application

The Home Office have released (November 2020) further guidance for the job creation rule where businesses have been disrupted by the Coronavirus (COVID-19) pandemic

 If an applicant has not been able to employ staff for 12 months by the time their visa expires, they will be allowed to extend their stay for a further 2 years. They can do this if:

  • they can evidence they have created at least 2 jobs for settled workers at the point they make the application
  • they have been unable to meet the normal requirement due to the impact of the pandemic.

Temporary extension applications must be processed in line with standard extension applications, and applicants are expected to meet the financial requirements and score the related attribute points, with an exception for job creation.

N

established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3-year continuous period, or

N

taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3-year continuous period, when compared to the 3-year periods immediately before the date the applicant became involved with the business as a Tier 1 migrant

To apply for settlement after a continuous period of 5 years:

N

you must meet the residency requirements. Normally you cannot have had more than 180 days’ absence from the UK during any consecutive 12 months of the qualifying period. The way this is calculated depends on when you last made an application to enter / remain in the UK

N

you must have invested or caused investment to be made by one or more third parties totalling at least £200,000 (or £50,000 if you were awarded points for £50,000 funding or investment in your last grant of leave) in cash directly into one or more UK businesses

N

you have been:

K

a) registered with HM Revenue & Customs as self-employed, or

K

b) registered with Companies House as a director of a UK company or member of a UK limited liability partnership

K

The requirements above must have been met within 6 months of entering the UK or within 6 months from the date your last leave was granted, and within the 3 months before the date of application

N

you have established a new business or businesses that has/have created the equivalent of at least 2 new full-time jobs for settled workers

K

The jobs must have existed for at least 12 months during your most recent grant of leave or where leave was granted less than 12 months ago, for at least the 12 months immediately before the date of your current application

The Home Office have released (November 2020) further guidance for the job creation rule where businesses have been disrupted by the Coronavirus (COVID-19) pandemic

 If an applicant has not been able to employ staff for 12 months by the time their visa expires, they will be allowed to extend their stay for a further 2 years. They can do this if:

  • they can evidence they have created at least 2 jobs for settled workers at the point they make the application
  • they have been unable to meet the normal requirement due to the impact of the pandemic.

Temporary extension applications must be processed in line with standard extension applications, and applicants are expected to meet the financial requirements and score the related attribute points, with an exception for job creation.

N

established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3-year continuous period, or

N

taken over or invested in an existing UK business or businesses and your services or investments have resulted in a net increase in gross income from business activity of £5 million during the 3-year continuous period, when compared to the 3-year periods immediately before the date the applicant became involved with the business as a Tier 1 migrant

Bring family members over:

N

You partner, your child under 18 or your child over 18 if they are currently in the UK as a dependant

N

If you meet the maintenance requirement:

K

You must have £945 to support yourself and

K

£1890 for each dependant if you have been in the UK for less than 12 months or £630 for each dependant if you have been in the UK for more than 12 months

Our Recommendations

Those who hold Entrepreneur status do have the option of switching status to the newer Innovator scheme. If you do switch into the Innovator category, please be aware that you cannot combine Tier 1 Entrepreneur leave with leave in any other category to meet the continuous leave requirement for settlement. This is still a young and restricted category where you will need to meet the requirements of an endorsing body. It is often best to remain as an Entrepreneur in this case.

Please be aware that the requirements to extend your stay and settle are strict as are the documentary requirements. This is especially true for showing evidence of creating jobs for settled workers during the extension AND settlement stages. You must also keep a log of all your absences throughout your stay in the UK as an Entrepreneur and be aware of the English language requirements at the settlement stage.

Should you have any questions about this category, don’t hesitate to contact us.

Our fee for full representation starts from £2500 plus VAT (if applicable).

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