UK immigration specialist Barrister

e-Mail: info@hossainlaw.com

Tier 1 (Entrepreneur)

Home /Tier 1 (Entrepreneur)

 

Overview-

 

The UK Home Office has created the Tier 1 (Entrepreneur) category for those who wish to invest in the United Kingdom by setting up or taking over and being actively involved in the running of one or more businesses in the United Kingdom.

 

How to   qualify?

 

You must show that you have required level of funds by showing

 

EITHER:

 

You have access to £200,000 which can be transferred to the United Kingdom

 

OR

 

You have access to £50,000 from a UK venture capital firm, a seed funding competition or a UK Government Department.

 

English language

 

· You need to prove your knowledge of the English language when you apply.

 

                 You can prove your knowledge of English by either:

 

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

 

o       having an academic qualification that was taught in English and is recognised by UK NARIC as being equivalent to a UK bachelors degree

 

You may be able to meet the English language requirement in other ways as specified in the Rules and Guidance.

 

Exceptions

 

You won’t need to prove your knowledge of English if you’re a national of one of the following countries:

 

·         Antigua and Barbuda

·         Australia

·         the Bahamas

·         Barbados

·         Belize

·         Canada

·         Dominica

·         Grenada

·         Guyana

·         Jamaica

·         New Zealand

·         St Kitts and Nevis

·         St Lucia

·         St Vincent and the Grenadines

·         Trinidad and Tobag

·         USA

              

 

                Maintainace funds

 

You have the required funds for the maintainance of you and your family

 

Applying with another person

 

You may apply with one other person using the same funds. The funds must be available to both of you.

 

Third party support for funding?

 

You may rely on money made available by one or more other people. They will

 

need to confirm that the money is available for you to invest in a United Kingdom

 

business.

 

Duration of  visa

 

If the application is successful you will be awarded a visa for 3 years and 4 months.

 

After  granted a visa

 

 You will be expected to:

 

Invest your funds in business in the United Kingdom. The investment will not include the value of any residential accommodation, property development or property management.

 

You must either register as a director of a UK company or register as self employed with the UK tax authorities within six months of arriving in the UK.

 

At the end of three years and four months you must either be acting as a director, or be self-employed.

 

You must have created the equivalent of two year-long, full-time jobs for people who are settled in the United Kingdom.

 

 Settlement and British citizenship

 

You may apply to settle in the UK after 3 years if EITHER:

 

You create 10 new full time jobs

 

or

 

You establish a new business that has an income of £5 million over a 3 year period or you have increased the income of an established business by £5 million over a 3 year period.

 

In all other cases you may apply to settle in the UK after 5 years.

 

Depending on how quickly you settle in the UK, you may apply for British Citizenship after 2 or 3 more years living in the UK.

 

Time to spend in the UK if you want to settle in United Kingdom or apply for British citizenship

 

If you wish to settle in the UK you must spend at least 185 days in the UK each year.

 

If you would like to apply for British citizenship may spend on average no more than 90 days outside the UK each year, and no more than 90 days outside the UK in the 12 months before you apply for citizenship.

 

Your family

 

Your spouse, minor children and, in certain circumstances, other dependent members of your family may apply for UK visas as your dependents.

 

You or your family’s  employment

 

You must not take employment in the United Kingdom other than working for the business that you have established, joined or taken over.

 

Your dependents can take employment during their stay in the United Kingdom.

 

Entry clearance

 

All entrepreneurs are required to obtain prior entry clearance at a British Embassy  abroad before being allowed entry to the UK.

 

There are situation when a person can apply within the UK i.e., switching  into the Tier One (Entrepreneur) from some other category.

 

‘Genuine entrepreneur’ test

 

The ‘genuine entrepreneur’ test will be conducted by the Home Office  taking into consideration the factors set out below in deciding whether or not he or she is satisfied the applicant is a genuine one:-

·the evidence the applicant has submitted;

·the viability and credibility of the source of the money referred to in Table 4 of Appendix A;

·the viability and credibility of the applicant’s business plans and market research into their chosen business sector;

· the applicant’s previous educational and business experience (or lack thereof);

·where the applicant has already registered in the UK as self-employed or as the director of a business, and the nature of  the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration  and/or insurance has been obtained;

· the applicant’s immigration history and previous activity in the UK; and

· any other relevant information.

 

To apply, please contact us.