Personal Immigration

TIER 1 ENTREPRENEUR

TIER 1 ENTREPRENEUR VISA

The Tier 1 Entrepreneur visa category is for non-EEA nationals who want to set up or invest in a business in the UK.  You will need to have access to £200,000 (or £50,000) and satisfy the Home Office that you genuinely intend and are able to be actively involved in the running of a viable UK business.

What are the main eligibility requirements for a Tier 1 Entrepreneur visa?

In order to qualify for a Tier 1 Entrepreneur visa you will need to satisfy UK Visas and Immigration that you have access to:

  • £200,000; or
  • £50,000 if it is provided by a registered venture capitalist firm, UK entrepreneurial seed funding competition or UK Government Department or you are currently in the UK as a Tier 1 Graduate Entrepreneur or as a Tier 1 Post Study Work migrant.

You will need to be competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking) and have enough additional money to support yourself without relying on public funds.

In order to obtain a Tier 1 Entrepreneur visa you will also need to satisfy the Home Office that you genuinely intend and are able to be actively involved in the running of a UK business and that you have a viable and credible business plan.

If applying from overseas, you and any adult dependents will need to provide an overseas criminal record certificate for any country that you have lived in for at least 12 months in the last 10 years.

What else do I need to know about the Tier 1 Entrepreneur visa?

Your initial Tier 1 Entrepreneur visa will be valid for either 3 years and 4 months (if applying from overseas) or 3 years (if applying from within the UK).

You will need to register as a director of a UK company or as self-employed within 6 months, then invest your £200,000 (or £50,000) and create at least 2 full-time jobs for members of the settled population that last for at least 12 months.

You will be able to extend your stay as a Tier 1 Entrepreneur for a further 2 years, before qualifying for indefinite leave to remain (settlement) after 5 years. There is also an accelerated route to settlement as a Tier 1 Entrepreneur after 3 years if you create at least 10 new full-time jobs or your business has a turnover of at least £5 million.

In order to settle in the UK as a Tier 1 Entrepreneur, you will need to spend not more than 180 days outside the UK in any rolling 12-month period and, unless aged 65 or over, have sufficient knowledge of the English language and Life in the UK.  For settlement applications made from 11 January 2018, the Home Office will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes time before this date and you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons.

Your partner and any children under the age of 18 may accompany or join you as the Family Member of a PBS migrant.

As a Tier 1 Entrepreneur visa holder you will not be permitted take any employment other than working for the business or businesses that you have established, joined or taken over.

How our immigration barristers can help

Richmond Chambers is widely recognised as one of the UK’s leading immigration practices for Tier 1 Entrepreneurs.  Our immigration barristers were awarded ‘Business Immigration Chambers of the Year in England’ at the 2018 Corporate Intl Magazine Global Awards,  ‘UK Business Immigration Barrister of the Year’ at the ACQ5 Law Awards 2018 and ‘Business Immigration Set of the Year’ at the Global Law Experts Awards 2017.   The work of our immigration barristers on behalf of entrepreneurs has also been recognised through membership of the Investment Migration Council and the Department of International Trade’s Investor Support Network.

Our team of immigration barristers has experience in assisting all types of entrepreneurs. Whether you are considering setting up and running a new business in the UK or looking to invest in an established business, our barristers are experts in the immigration options for entrepreneurs and will guide you through the complex Home Office rules and policies.

We pride ourselves on being approachable and proactive in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to entrepreneurs as part of a professional and friendly service.

WE CAN ALSO ASSIST WITH

  • Identifying a Tier 1 Entrepreneur compliant UK business to invest in

    If, rather than setting up a new business, you would like to invest in and become a director of an existing UK business, we can put you in touch with investment management firms that maintain portfolios of Tier 1 Entrepreneur compliant UK businesses that are actively seeking foreign investment.

  • Drafting a Tier 1 Entrepreneur compliant business plan

    As part of your Tier 1 Entrepreneur visa application, you will need to include a detailed business plan.  Our immigration barristers can assist you to identify a suitably qualified professional business plan writer, instruct the business plan writer on your behalf and then liaise with the plan writer to ensure that your Tier 1 Entrepreneur business plan satisfies the requirements of the Immigration Rules.

  • Genuine entrepreneur interview preparation for Tier 1 Entrepreneur visa applicants

    Our Genuine Entrepreneur Interview Preparation sessions include:

    • Advice as to potential interview questions;
    • One-to-one interview practice with an immigration barrister;
    • Constructive feedback on all aspects of your performance;
    • Advice and tips on further preparation and how to improve on any weak areas;
    • Time for you to ask questions and/or address any other concerns that you have about your genuine entrepreneur interview.
  • Super Premium Service appointments for Tier 1 Entrepreneurs

    If you already have leave to remain in the UK as a Tier 1 Entrepreneur and are applying to extend your stay or to settle in the UK, you may be able to submit your application and receive a decision on the same day, using UK Visas and Immigration’s Super Premium Service.

    Our immigration barristers can assist you to book a Super Premium Service appointment, prepare your application for collection by a Home Office courier, provide facilities for the enrolment of your biometric information at our offices and liaise with the Home Office to ensure that your application is processed within 1 day.

    Richmond Chambers is also part of a network of investment migration specialists that exchanges information regarding forthcoming Super Premium Service appointments. Through this network we are able to introduce our clients to other Super Premium Service applicants, allowing our clients to substantially reduce the cost of applying via the Super Premium Service.

  • Applications for extension of stay as a Tier 1 Entrepreneur

    In order to extend your stay as a Tier 1 Entrepreneur, you will need to show that:

    • You registered as a business director or as self-employed within 6 months of either entering the UK as a Tier 1 Entrepreneur or being granted leave to remain as a Tier 1 Entrepreneur;
    • You have invested at least £200,000 or £50,000 (as appropriate) in a business or businesses in the UK;
    • You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months.

    You will also need to satisfy the Home Office that you have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business.

  • Applications for settlement (including accelerated routes) as a Tier 1 Entrepreneur

    If you have invested in a new or existing UK business and your investment has created at least two new full-time jobs, you may apply for permanent residence in the UK as a Tier 1 Entrepreneur after five years.

    You may qualify for accelerated settlement as a Tier 1 Entrepreneur after 3 years if you have created 10 new jobs or your business has received at least £5 million in income from business activity.

    In addition, unless you are aged 65 or over, you will need to demonstrate that you have sufficient knowledge of the English language and Life in the UK.

    You will also need to satisfy the Home Office that you have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business.

    You can spend up to 180 days (six months) outside the UK each year and still qualify for indefinite leave to remain.  For settlement applications made from 11 January 2018, the Home Office will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes time before this date and you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons.

  • Fresh applications, Administrative reviews and Judicial reviews for Tier 1 Entrepreneurs

    If your application for entry clearance, leave to remain or settlement as a Tier 1 Entrepreneur has been refused, our immigration barristers can advise on the merits of making a fresh application or challenging the decision.

    If the decision-maker failed to apply the Immigration Rules or Home Office policy correctly, we can bring Administrative Review proceedings to challenge the decision.

    If the decision to refuse your application was unlawful, unreasonable or procedurally improper, our immigration barristers can apply for Judicial Review and provide representation at Judicial Review hearings.

WHAT CAN WE HELP YOU WITH?

To arrange an initial consultation meeting with one of our immigration barristers, contact our Tier 1 Entrepreneur visa team on 0203 617 9173 or complete our enquiry form.

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