Tier 1 Entrepreneur visa category is for people wishing to come to the UK to start a business. You may start any type of business, but you must work full time in the management of the business.
A Tier 1 Entrepreneur visa will allow you to set up or take over the running of one business or more. You can work for your own business as a self-employed individual, provided the work meets the criteria for being self-employed. You can also bring family members and dependents with you.
Making a Tier 1 Entrepreneur application
At Connaught Law, we help both individuals and a wide range of commercial employers meet their global mobility needs, including Tier 1 visa applications.
We have the experience to advise you on the most appropriate category of visa for your circumstances and have the insight to make the process as smooth as possible.
As a team of immigration lawyers and former Home Office employees, we have an established reputation for effective and efficient management and processing of visa applications, and for providing expert visa-related advice. We also understand the stresses involved with moving across the world and take great pride in playing a supportive role to ease the pressure.
To make a successful entrepreneur visa application, applicants are required to score sufficient points based on the funds that are available to them to invest, their English Language ability and by having enough money for their living costs in the UK (maintenance).
You must have access to at least £50,000 investment funds to apply for a Tier 1 (Entrepreneur) visa.
Your funds must be:
- held in one or more regulated financial institutions
- free to spend (‘disposable’) on business in the UK
There are different eligibility requirements depending on whether you have access to £50,000 or to £200,000.
You must also:
- meet the English language requirement
- be able to support yourself during your stay
- score 95 points – check your points score
- be at least 16 years old
Maintenance for Tier 1 Entrepreneur (living costs)
Applicants are also required to meet the maintenance requirement. This means that in addition to the funds required for investment they need to show personal funds to satisfy the UKBA that they will be able to pay for their own living costs.
Switching (someone already in the UK under a different immigration category applying to extend their stay under a different immigration category)
It is possible for those who are in the United Kingdom under the Tier (1 Post Study Worker) or Tier 4 (general) category to switch to the Tier 1 Entrepreneur category. For those who have the required endorsement and UK degree, there is also the option of applying as a Graduate Entrepreneur.
Duration of stay on Tier 1 Entrepreneur Visa
You can come to the UK with a Tier 1 (Entrepreneur) visa for a maximum of 3 years and 4 months.
You can apply to extend this visa for another 2 years if you’re already in this category and 3 years if you’re switching to it from another category.
You may be able to apply for settlement (known as ‘indefinite leave to remain’) once you’ve been in the UK for 5 years.
Can I extend it?
Yes, if you can prove that you have invested the funds. You also need to prove that you:
Have created at least two new jobs for British citizens or settled workers –these rules can be flexible, arrange a consultation to find out more.
Are engaged in business activity.
Does Tier 1 Entrepreneur lead to settlement?
Yes, the standard requirement for settlement is five years spent in this category. It is also possible to fast-track the time spent in the UK to obtain settlement if you create ten jobs or achieve an annual turnover of £5 million a year.
You may also be interested in a Tier 1 Investor Visa if you’re looking to start a new or invest in an existing UK business.
Important: Tier 1 (Entrepreneur) visa changes introduced on 31 January 2013.
- The government were concerned that this route was being used by people who were not going to set up genuine businesses
- So changes have been introduced, the changes are as follows:
The Entry Clearance Officer must be satisfied that:
- the applicant genuinely intends and is able to establish, take over or become a director of one or more businesses in the UK within 6 months;
- the applicant genuinely intends to invest the money in the business/s
- that the money is genuinely available to the applicant and will remain available to him/her until it is spent by his/business or businesses.
In deciding if the applicant’s plan for their business is genuine the Entry Clearance Officer will take into account the following factors:
- The evidence the applicant has submitted;
- The credibility and viability of the source of the money;
- The credibility and viability of the applicant’s business plans and market research into their chosen business sector;
- The applicant’s previous educational and business experience (or lack of it);
- The applicant’s immigration history and previous activity in the UK; and
- Any other relevant information.
