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Changes to the Tier 1 (Entrepreneur) category from 1 October 2013

In its most recent Statement of Changes to the Immigration Rules, the Home Office has announced important changes to the Tier 1 (Entrepreneur) category of the points-based system. The changes were laid before Parliament on 6 September 2013 and come into force with effect from 1 October 2013.

The following changes apply to both Tier 1 (Entrepreneur) entry clearance and leave to remain applications:

  • A minor change is being made to the “genuine entrepreneur” test to bring it into line with the other genuineness tests being introduced by these changes. This change specifies that Home Office caseworkers may choose not to apply the test if refusing an application on other grounds, but may still choose to do so if there are valid reasons to;
  • Applicants must have investment funds to invest in their business and maintenance funds to support themselves and any dependants. A clarification is being made to confirm that applicants cannot rely on the same funds to satisfy the investment and maintenance criteria;
  • A team of two Tier 1 (Entrepreneur) applicants can share the same investment funds, however, to prevent abuse of the route, teams are limited to two members;
  • A change is also being made to clarify that funding can be made available to an applicant’s business, rather than directly in the applicant’s own name, providing there is evidence to link the applicant sufficiently to that business;
  • Some minor changes to specified evidence are being made in order to reflect changes in documentation issued by HM Revenue and Customs.

For further information regarding the latest changes of the requirements for Tier 1 (Entrepreneur) applications or for assistance with preparing an application for entry clearance or leave to remain as a Tier 1 (Entrepreneur), contact our immigration barristers on 0203 617 9173 or by email to


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