Extension Of Stay As Tier 1 Entrepreneur

Extension Of Stay As Tier 1 Entrepreneur


In order to obtain an extension to your leave to remain as a Tier 1 (Entrepreneur) migrant you must score enough points and send supporting evidence where appropriate.
Points available for attributes are in the table below. This table applies to you if your previous leave was as aTier 1 (Entrepreneur) migrant, a Businessperson or Innovator in the 12 months immediately before the date of this application: or
You are applying for leave to remain and have or were last granted, entryclearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.

Attributes table for extension applications

Attributes: pass mark = 75 points

Points available

A. You have invested, or had invested on your behalf, not less than £200,000 (or
£50,000 if, in your last grant of leave, you were awarded points for funds of £50,000) directly into one or more businesses in the UK. 20

B. You have:
• registered with HM Revenue & Customs as self-employed; or
• registered a new business in which you are a director; or
• registered as a director of an existing business.

Where your last grant of entry clearance, leave to enter or leave to remain was as a Tier
1 (Entrepreneur) migrant, one of the above conditions must have been met within six months of the specified date. The specified date being either:

The date of your entry to the UK, where you were granted entry clearance as a
Tier 1 (Entrepreneur) Migrant and where there is evidence to establish your date
of entry to the UK; or

The date of your grant of entry clearance, where you were granted entry clearance as a Tier 1 (Entrepreneur) Migrant and where there is no evidence to establish your date of entry to the UK; or

The date of your grant of leave to remain, in any other case.

This does not apply where your last grant of leave prior to the grant of leave that
you currently have was as a Tier 1 (Entrepreneur) Migrant, a Businessperson or an Innovator.20


C. You are engaged in business activity at the time of your application to extend your
leave to remain and you provide the specified evidence to show that on a date no earlier
than three months prior to the date of application, you were:
(a) registered with HM Revenue and Customs as self-employed, or
(b) registered a new business in which you are a director, or
(c) registered as a director of an existing business.
15
D. You have:
• established a new business or businesses that has/have created the equivalent
of at least two new full-time jobs for persons settled in the UK;
OR
• taken over or invested in an existing business or businesses and your services
or investment have resulted in a net increase in the employment provided
by the business or businesses for persons settled in the UK by creating the
equivalent of at least two new full time jobs for persons settled in the UK.
Where your last grant of entry clearance or leave was as a Tier 1 (Entrepreneur)
migrant, the jobs must have existed for at least 12 months for the period for which the
previous leave was granted.
20
A refusal of an application for extension of stay as a Tier 1 Entrepreneur Migrant is challenged by way of an appeal to the First Tier Tribunal within 10 working days of the date of receipt of the refusal letter. Upon successful application, the applicant is granted extension of stay as Tier 1 Entrepreneur Migrant for 2 years






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