Tier 1 Entrepreneur Visa Extension and ILR: FAQ's
The requirements for the Tier 1 (Entrepreneur) route can be found in the relevant Home Office guidance and in the immigration rules part 6A, paragraphs 245D and 245DF as well as Appendix A. However, there are a number of frequently asked questions that arise for those considering applying for leave to remain in the UK as a Tier 1 (Entrepreneur) migrant. These are addressed below:
Is the Tier 1 (Entrepreneur) Visa Category Open for Applications?
The category is currently closed to new applicants. In March 2019, the Home Office issued a statement of changes to the immigration rules that the Tier 1 (Entrepreneur) visa category would close at the end of the month. Applications for the Tier 1 (Graduate Entrepreneur) category remained open until July 2019. It is, however, possible to extend your leave to remain in the UK as a Tier 1 (Entrepreneur) migrant. Existing applicants can submit extension applications before 6 April 2023.
How Long Will the Tier 1 (Entrepreneur) Visa Extension Be Valid For?
Leave to remain will be granted for a period of 2 years to an applicant who has, or was last granted leave as a Tier 1 (Entrepreneur) Migrant. Leave to remain will be granted for 3 years to an applicant who has, or was last granted, leave to remain as a Tier 1 (Graduate Entrepreneur) Migrant or Start-up migrant (and are switching category).
What Is the Home Office Fee for Making a Tier 1 (Entrepreneur) Extension Application?
It costs £1, 277 to extend this visa. You will also need to pay £19.20 to have your biometric information (fingerprints and a photo) taken. You will pay as part of your application. You can find a full list of fees here.
How Long Will It Take for My Tier 1 (Entrepreneur) Extension Application to Be Processed?
A tough one. The standard processing time for an extension is 8 weeks, whereas the standard processing time for indefinite leave to remain is 6 months. However, processing times are variable in light of Covid-19 and there is no guarantee that this will be the case at present.
Will I Have to Meet the Genuine Entrepreneur Requirement in My Extension Application?
The caseworker assessing your application must be satisfied that you have established, taken over or become a director of one or more genuine businesses in the UK, and have genuinely operated that business. They must also be satisfied that you have genuinely invested the money referred to in table 5 of appendix A into one or more genuine businesses in the UK and intend to continue operating one or more businesses in the UK. The evidence you must submit for this should include your company accounts and business bank statements. In addition, any evidence of your genuine operations in the UK would assist with meeting this requirement, including invoices, receipts, marketing materials, brochures, screenshots of your website and lease for business premises.
Will My Leave to Remain Be Subject to Any Conditions?
Your leave to remain, if granted, will be subject to certain conditions. You must have no recourse to public funds and you must have registered with the police. In addition, you must undertake no employment other than working for the specified business, no employment as a professional sports person (including as a sports coach), and no study.
If My Business Has Been Impacted by COVID-19, Can I Submit an Application for a Temporary Extension of Leave?
Yes, you will be able to submit an application for a temporary extension of leave if your business has been impacted by Covid-19. You will still need to meet the genuineness requirements.
Will the Tier 1 Entrepreneur Route Lead to Settlement in the UK?
Yes, it is possible to apply for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant in the UK. You will need to show that you do not fall for refusal under the general grounds for refusal and that you are in the UK without being in breach of immigration laws. You must also meet the requirements in relation to job creation and investment funds (a minimum of 75 points under paragraphs 35 to 53 of Appendix A). In addition, you must have demonstrated sufficient knowledge of both English language and Life in the United Kingdom, in accordance with Appendix KoLL of the Immigration Rules.
Will There Still Be a Genuineness Requirement for Settlement as a Tier 1 (Entrepreneur) Migrant?
Yes, you will need to demonstrate that, on the balance of probabilities, you have genuinely established, taken over or become the director of a business in the UK. You will also need to show that you have genuinely operated that business in the UK, show that you have genuinely invested the money referred to in Appendix A and genuinely intend to continue operating the business in the UK.
Contact our UK Entrepreneur Visa Application Immigration Lawyers
For expert advice and assistance in relation to an entrepreneur application, contact our immigration barristers and lawyers in London on 0203 617 9173 or via the enquiry form below.
