Business Immigration: How to Apply For a Tier 1 Entrepreneur visa

The UK has become one of the most attractive destinations for setting-up businesses. Easy access to

global consumers and business partners, fewer restrictions on doing business, tax reliefs and access

to investment funding and a pool of talented professionals have made this country a leading

business hub.

Overseas entrepreneurs heading to the UK to grab their share of the dynamic market will be pleased to learn that the UK immigration regulations contain provisions designed exactly to cater for their objectives. The Tier 1 Entrepreneur visa is the most suitable route to secure permission to stay and invest in the UK by setting up, joining or taking over, and being actively involved in the running of one or more businesses For a successful visa application, an applicant must meet a number of requirements of the UK Immigration rules. Below we summarise the general provisions specific to the Tier 1 Entrepreneur visa category. However, care must be taken when preparing the visa application and we suggest that you seek professional advice to maximise the chances of a favourable visa decision.

Investments funds

Under the requirements of the Tier 1 Entrepreneur visa category, an applicant must demonstrate access to the required cash funds:

£200,000; or

£50,000 made available by one or more of the following: - a UK entrepreneurial seed funding competition endorsed by UK Trade and Investment

(UKTI); - a UK government department making funds available for the purpose of setting up or

expanding a UK business; - a venture capital firm registered with the Financial Conduct Authority (FCA)

If some of the monies have already been invested into a UK business within 12 months prior to the Tier 1 Entrepreneur visa application, the invested amount can be used to count towards the required level of funding.

Up to two people can share the same investment fund and form an ‘Entrepreneurial team’. Both individuals will need to meet all other requirements of the Tier 1 Entrepreneur visa category.

Genuine Entrepreneur

Entrepreneurs must show to the UK Visa and Immigration authorities that they are genuinely intending to establish, take over or join one or more businesses in the UK and make the required investment of the funds which are genuinely available for this purpose. Furthermore, applicants must not intend to take employment in the UK other than working in their business.

It is now a requirement to produce a comprehensive business plan in support of the Tier 1 Entrepreneur visa application. In addition to the business plan, the authorities will look at the personal circumstances of each individual entrepreneur to assess suitability such as their education,

professional experience, immigration history and previous activity in the UK, credibility of a business plan, source of funds and market research. It is not uncommon for an applicant to be called in for an interview with an Immigration officer as a part of the application process.

English language

The UK government believes that ability to speak English to a competent level promotes success in the UK labour market and assists in integration into the UK. Therefore, applicants under the Tier 1 Entrepreneur visa category must show that they have a good knowledge of English. Unless, the applicant is a citizen of one of the majority English speaking countries (in which case no additional evidence is necessary), the knowledge of the English language can be proved by either:

passing an approved English language test with at least CEFR level B1 in reading, writing, speaking and listening;

having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelor’s degree, master’s degree or PhD (degrees obtained in majority English speaking countries are deemed to be accepted)

Maintenance

Entrepreneurs coming to the UK must be able to financially support themselves without use of benefits provided by the state. In addition to the investment funds, applicants must show that they possess a sufficient level of cash savings held in their personal account for 90 days as below:

£3,310 – for those applying from outside of the UK;

£945 – for those applying to extend their stay in the UK.

Conditions of Tier 1 Entrepreneur visa

Visas are granted subject to a number of conditions, which entrepreneurs need to demonstrate they have met on an application for extension of stay and Indefinite leave to remain (see below). The main conditions specific to the Tier 1 Entrepreneur category are:

register as a director or as self-employed within 6 months of the initial visa being granted and work for 3 months immediately prior to an application to extend the visa

create at least 2 full time jobs for at least 12 months

invest £200,000 in cash (or £50,000 subject to the source of funds)

How long can Tier 1 Entrepreneurs stay in the UK

Initial Tier 1 Entrepreneur visas are issued for 3 years and 4 months to successful applicants who applied from overseas. The status can be extended for another 2 years from within the UK, providing the conditions for extension are met. On completion of 5 years of residency and subject to compliance with the conditions of the Tier 1 Entrepreneur category, visa holders can apply to remain in the UK indefinitely.

Indefinite Leave to Remain

Successful entrepreneurs may apply to remain in the UK indefinitely and subsequently apply to become British citizens. The Tier 1 Entrepreneur category allows for both standard and accelerated routes to settlement in the UK. Under a standard route, entrepreneurs may apply for Indefinite Leave to Remain on completion of 5 years of residency under the Tier 1 Entrepreneur visa. The

accelerated route - entrepreneurs can apply to remain in the UK indefinitely after 3 years of residency under the Tier 1 Entrepreneur visa, if:

the business created at least 10 full-time jobs; or

the business generated an income of at least £5 million.

Where to get help

IBB Solicitors’ experienced immigration and employment can provide expert advice on Tier 1 Entrepreneur visa applications, company formation and governance, corporate and commercial transactions, and all other legal aspects of setting up, joining or taking over and running a UK business. Please contact us today on 03456 381381 or email immigrationteam@ibblaw.co.uk to see how we can help you fulfil your business strategy.

Alternatively please see www.ibblaw.co.uk/service/immigration.