Tier 1 Visa - Entrepreneur

In the entrepreneur category of Tier 1 of the Points Based System (PBS), candidates may apply to immigrate to the UK based on a substantial investment, by starting or assuming control of a UK business.

As with the other categories of Tier 1 immigration, candidates applying as entrepreneurs do not need to have a sponsor in place. However, applicants must still reach a specified points limit based on both general Tier 1 visa requirements and more specific criteria.

As specialist immigration consultants, Global Visas help clients to immigrate to a constantly expanding range of destinations. Our consultants are fully equipped to help businesses and individuals alike to get the best from UK visa services and find the right UK immigration service for their needs. Our team of immigration lawyers provide guidance for those who wish to relocate and we offer a full range of immigration compliance services for businesses.

You can get your application under way today by visiting the Global Visas online assessment area.

Eligibility

Tier one visas are set apart from the other four tiers by the fact that applicants do not need to receive a certificate of sponsorship from a UK business, college or another qualifying establishment.

Tier one visas directly replace the previous Highly Skilled Migrant Programme (HSMP) and allow successful candidates to live and work in the UK without a sponsor. However Tier 1 is designed to attract the most talented and highly skilled non-EEA citizens to benefit the UK economy certain pre-requisites are put in place.

General Requirements

English Language Ability

In all but the Investor category of Tier 1 visas, proficiency in the English Language is an important factor. The language requirement requires a pass mark of ten and candidates must be able to demonstrate one of the following.

  • Candidates must have successfully completed an English language test which conforms to or exceeds level C1 as defined by the Council of Europe's Common European Framework for Language learning or: 
  • Candidates must come from a country in which English is the majority language or:
  • Candidates must have studied and successfully completed a degree course, which was taught in English

Maintenance

The maintenance requirement applies to all categories of a UK Tier 1 visa without exception. A candidate immigrating to the UK must be able to financially support him/herself and must be able to support any dependents whom might accompany them.

Like the English language requirement, this criterion has a pass mark of ten which must be met in order for an application to proceed. The required amount for the main applicant is £2800, for the first dependent the required amount is 2/3 of the sum for the main applicant with any dependents thereafter requiring 1/3.

Specific Requirements

As the name suggests the key specific requirements of the entrepreneur category are rooted in investment funds and the guarantee that a candidate will be assuming control of a UK business. To succeed, the pass mark of 75 must be reached by satisfying the following requirements.

Candidates must be able to satisfy the following criteria:

  • They must have access to £200,000 = 25 points
  • This sum must be held in a regulated bank account = 25 points
  • The money must be disposable in the UK = 25 points

It is important to note that those candidates applying for a tier visa may not seek or undertake employment in the UK. This type of UK visa service is issued expressly to those who are starting or assuming control of a British based business.

Applicants may start their own business, join an existing one or take over an established UK enterprise, however they may not seek employment in the manner of a general category Tier 1 visa holder.

Extending A Tier 1 Visa

UK visas for Tier 1 immigration can be extended if required with the sole exception of the Post-Study Work category. This particular subdivision is issued as a bridging measure and is granted for a finite period of two years.

The other Tier 1 visas are all granted for three years and can be extended by a further two years where required. The criteria for applying for a UK visa extension differs depending on the category. In the entrepreneur stream there is a pronounced difference between the criteria for initial application and those for an extension.

  • Applicants must have invested, or had invested on their behalf a minimum of £200,000 in a UK business. This investment cannot include the value of residential property, and cannot be a director's loan.
  • Applicants must within three months have registered with HMRC as a self-employed person, registered a new UK business with the applicant as a director, or registered as a director of an existing UK enterprise.
  • At the time of the extension application, the candidate must be engaged in activity within this business.

Employment Requirements

It is an essential requirement of an entrepreneur visa extension that the applicant can demonstrate positions of employment which have been created for people with UK settled status.

In the case of new businesses, an aggregate of 2 positions, full time or equivalent, must have been created with each lasting for at least one year. In cases where the applicant has assumed control of a UK business, their investment and presence in the company must have created 2 positions similar to those outlined above.

At the time of making a visa extension application, no further requirements in English language ability or financial self-sufficiency will be imposed in addition to those satisfied at the time of the original application.

Switching To A Tier 1 Visa

Applicants may switch to another category of Tier 1 visa if they can meet the requirements of the new category. However, whilst Post-Study Work category visa holders can switch into any other category, it is not possible to switch into this category from another.

It will also be possible for holders of Tier 2 and Tier 4 student visas, once these aspects of the PBS are in place, to switch into Tier 1. However, switching to Tier 1 will not be permitted for holders of Tier 3 visas, Tier 5 visas or working holiday maker visas.

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