Tier 1 (Entrepreneur) Extension Application

General information

If a Tier 1 (Entrepreneur) migrant is not eligible for accelerated settlement upon completion of 3 years’ residence he will need to obtain an extension for 2 years to enable him  complete five years’ residence in the UK and thus apply for ILR.

The applicant has to score 75 points in the following manner:

By providing evidence that the applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if the initial application was made on this basis) directly into one or more businesses in the UK. (max. 20 points).

By providing evidence that the applicant has registered with HM Revenue & Customs as a self-employed person or registered a new business in which he is a director or registered as a director of an existing business. (Max. 20 Points). This requirement must be met within six months of the grant of the initial visa if the applicant was granted his last leave to remain/entry clearance under Tier 1 (Entrepreneur) and wishes to seek an extension of stay.

By providing evidence that the applicant is engaged in business activity at the time of this application for leave to remain (max. 15 points).

By providing evidence that his business has created two full-time positions for persons settled in the UK (max. 20 points). If the applicant`s last grant of leave is as a Tier 1 (Entrepreneur) then these two jobs must have existed for at least 12 months.

The applicant can only claim 75 points if he can provide the relevant documentary evidence and claim points under all of the sub-sections mentioned above.

Tier 1 (Entrepreneurs) is not required to provide evidences of English language to obtain extensions of visas.

Main applicant  seeking further leave to remain must have at least £945 of personal savings which must have held for a consecutive 90 day period prior to the date of application. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, the dependant must have £630 to support yourself.

Allowable absences

The Tier 1 (Entrepreneur) migrants will be allowed to remain outside the UK for maximum 180 days in any calendar year without losing their right to apply for permanent settlement after 3 (if they create 10 full time jobs for 1 year or generate a turnover of £5 million) or 5 years.

Work Allowed

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Entrepreneurial teams

Applicants can also apply in an entrepreneurial team of two people but each must have equal access to the investment funds.  They can apply at the same time for the Tier 1 (Entrepreneur) visa using the same level of funds, i.e. either £200K or £50K funded by one of the above-mentioned establishments. Each one of them will still need to pass the language and maintenance requirements.

Switching Rules

Into Tier 1 (Entrepreneur):

The following persons will be able to switch into the Tier 1 (Entrepreneur) category:

A Tier 1 (General) migrant

A Tier 1 (Investor) migrant

A Tier 1 (Graduate Entrepreneur) migrant

A Skilled Worker(Tier 2) migrant

A prospective entrepreneur

The rules of switching are very strict and no one else is allowed to switch to Tier 1 (Entrepreneur) while remaining in the UK, unless there are exceptionally compassionate circumstances.

Settlement Prospects

Although applicants on the above-mentioned visas are allowed to switch into the Tier 1 (Entrepreneur) category, only the following will be able to use time spent on their visas towards the 5 years’ residence criteria for ILR.

Person having previously stayed as a Business Person

Persons having previously stayed as an Innovator

It means that if a work permit holder having already spent 3 years on a work permit switches into the Tier 1 (Entrepreneur) category, he/she will lose that 3 years for settlement purposes and have to complete 5 years on a Tier 1 (Entrepreneur) visa in order to become eligible for settlement.

Those who have completed a total of five years in a combination of a Business Person visa or an Innovator visa or a Tier 1 (Entrepreneur) visa will be able to apply for Indefinite Leave to Remain one month before completing their five years.

Applicants for ILR under the accelerated route must also that they have invested the funds.