Tier 1 Entrepreneur visa extension

What is Tier 1 Entrepreneur Visa?

Previously, Tier 1 Entrepreneur visa was for business people who have £50,000 to £200,000 funds to invest in the UK or establish a UK business. The Tier 1 Entrepreneur visa is valid for 3 years and 4 months. Currently, Tier 1 Entrepreneur visa is no longer able to apply, as this visa was replaced by the Innovator visa route on March 29, 2019. If you want to learn about the Innovator visa please read our previous article here.

If you are currently holding a Tier 1 Entrepreneur visa, you can apply to extend your visa to continue to stay in the UK. However, you must apply to extend before 5^th April 2023. If you want to apply for a UK settlement, you must apply before 5^th April 2025.

How to Extend a Tier 1 Entrepreneur visa?

If you hold a Tier 1 Entrepreneur, you are able to extend your visa for a further 2 years to continue to stay in the UK. You can apply for the extension online. It can be complex when applying for an extension, you’ll need to meet the eligibility requirements and show sufficient evidence depending on your specific situation.

If you need professional advice and assistance in applying for extending your Tier 1 Entrepreneur visa, please speak to one of our experts here, or call 07888-193300 or 020 8087 2343.

Tier 1 Entrepreneur Visa Extension eligibility:

You can apply to extend your visa if you:

• - registered as a director or as selfemployed within 6 months of the date you got your Tier 1 (Entrepreneur) visa
• - can prove you’ve been selfemployed, a member of a partnership or working as a director of a business within 3 months before you apply for an extension
• - created at least 2 fulltime jobs that have existed for at least 12 months
• - can continue to support yourself

You must have invested into 1 or more UK businesses either:

• - £200,000 in cash
• - £50,000 in cash

The amount depends on the level of funds your initial application was based on.

Requirements for Tier 1 Entrepreneur Visa Extension

According to the Home Office Tier 1 Entrepreneur case worker guidance, you must score 95 points to meet the requirements for extension:

• score 75 points for attributes

• score 10 points for English language

• score 10 points for maintenance

• have leave as a Tier 1 (Entrepreneur) migrant

• for entry clearance applications, provide an overseas criminal record certificate

Attributes: Pass mark = 75	Points
Investment You have invested (or invested on your behalf) at least £200,000 in cash directly into 1 or more businesses in the UK. You have invested at least £50,000(if you were awarded points for this amount in your last granted of leave) in cash directly into 1 or more businesses in the UK.	20
Registration You have registered with HMRC as self-employed You have registered with Companies House as a director of a new or an existing company or a member of a new or existing partnership You must meet the above condition within 6 months of the date you got your last Tier 1 (Entrepreneur) visa You get no points if you are on the list of disqualified directors provided by Companies House.	20
Registration Within the 3 months before the date of application, you have been registered with: HMRC as self-employed Companies House as a director of a new or an existing company or member of a new or an existing partnership You get no points if you’re on the list of disqualified directors provided by Companies House	15
Job creation you have created at least 2 full-time jobs that have existed for at least 12 months	20

English Language: Pass mark = 10	Points
Must prove you have English language ability to B1 level	10

Maintenance: Pass mark = 10	Points
You must have at least £3,310 of personal savings if you apply outside of the UK at least £945 of personal savings if you apply in the UK The savings must be held for a consecutive 90 days period before the date of the application	10

Genuine entrepreneur test

If you’re applying for extending your Tier 1 Enterprise visa, you will be subject to a genuine entrepreneur test. You should satisfy the Home Office 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;
• - have genuinely invested the money referred to the Attributes table into one or more genuine businesses in the UK;
• - intend to continue operating one or more businesses in the UK; and
• - do not intend to take on other employment apart from your own business

The Home Office will take into account the following:

• - the evidence you submit;
• - the viability and credibility of the source of the money
• - the credibility of the financial accounts of the business or businesses;
• - the credibility of your business activity in the UK;
• - the credibility of the job creation which you are claiming points;
• - if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
• - any other relevant information

What supporting documents are needed for Tier 1 Entrepreneur visa extension?

The Home Office has the right to request supporting documents to review your application, you need to provide the supporting documents within 28days from the date of their request.

The supporting documents may vary depending on your specific situation. Documents may include:

• - HM Revenue & Customs documentation and Companies House documentation
• - Audited accounts; or unaudited accounts with account compilation report to show evidence of any investment(s) made since your application for your initial grant of leave
• - Business bank accounts (which you are a signatory of) showing transactions
• - A letter from the business's bank(s) confirming you are a signatory on the account(s)); evidence to show business premises in the UK; and that the business is subject to UK taxation
• - For any investments made by Director's Loan since your application for your initial grant of leave, the loan legal agreement(s), and where the initial investment was made on or after 19 November 2015, business bank accounts showing the investment(s)
• - Employees payslips

The supporting documents might be different for different applications. If you need assistance please speak to one of our Immigration Advisors here, or call 07888-193300 or 020 8087 2343.

Coronavirus (COVID-19): Temporary extension applications

If your business has been impacted by the Coronavirus (COVID-19) pandemic, you no longer need to employ at least 2 people for 12 consecutive months to qualify for an extension.

You can make it up by creating multiple jobs across different months, but when combined this must be the equivalent of 2 full-time jobs.

You must submit all required evidence in line with standard job creation requirements, for each employee you are relying upon for meeting this requirement.

The time when your employees were furloughed will count towards the 12-month period, if they have been paid 80% of their normal salary throughout their period of furlough.

If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to extend your stay for a further 2 years, if you can show:

• You’ve created at least 2 jobs by the date you apply,

• You’ve been unable to employ staff for 12 months due to coronavirus

To apply for the additional leave, you should submit an extension application and all associated evidence as normal, with an exception under the job creation requirement and the understanding that this will be a limited extension of 2 years.

Where you are granted an extension on this basis you will be required to demonstrate that you have met this requirement in addition to the job creation requirement for that application.

What you can not do once you’re granted Tier 1 Entrepreneur visa extension?

• You can not be employed by other business, you can only work for the business or businesses they have established, joined or taken over.
• You can not be employed as a professional sportsperson
• No public funds

Fees for Tier 1 Entrepreneur visa extension:

The extension application fees depend on whether you’re inside or outside the UK when you apply.

• If you’re applying when you’re in the UK, the fee is £1,292
• If you’re applying when you’re outside the UK, the fee is £1,036

You’ll also need to pay the Healthcare Surcharge which is £624 per year.

As biometric information (normally fingerprints and photo) is required for visa extension, this will cost £19.20.

How long does it take?

A decision will be made on your application within 8 weeks.

You'll be contacted if your application is complex and will take longer. This could be because:

• your supporting documents need to be verified
• you need to attend an interview
• of your personal circumstances (for example if you have a criminal conviction)

Need professional advice from an expert? – contact WorkPermitCloud Limited

The process for applying for Tier 1 Entrepreneur visa extension is complex, you’ll need to know everything you need to prepare before you submit the application, you can speak to one of our professional Immigration Advisors to provide you all the information you need to know and provide specific advice for your specific situation.

At WorkPermitCloud Limited, we have a dedicated team to assist you in your visa application process. We also offer professional immigration advice regulated by Office of the Immigration Services Commissioner (OISC).

We offer:

1. Support by a dedicated and experienced immigration advisor

2. Check supporting documents, and advise necessary amendments

3. Assist in filling out the visa application form(s)

4. Check and review your application before submitting it to the Home Office

5. Submit your visa application on your behalf to the Home Office

6. Act as your agent for all communication with the Home Office, up to and including the receiving of your visa application's decision

7. Provide professional Immigration advice by letter, email, phone, or in-person throughout the process of completing your visa application as needed

8. Once you've got a decision on your visa application, give professional guidance on what to do next.

9. Cost forecast

10. Correspondence and follow up with Home Office

If you wish to require any further information about the cost please contact us at: sales@workpermitcloud.co.uk

Reference:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1019273/Tier_1__Entrepreneur__6_Oct_21.pdf