Tier 1 Entrepreneur Guidance

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 This is the business category of the point based system that allows the applicant and his / her family members (spouse / partner and children under 18 years of age) to enter / remain in the UK on the basis of intending to invest in a business by having access to either :

£200,000; or
£50,000 funded by:
one or more registered venture capital firms regulated by the FSA; or
one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UK trade & Investment website; or
one or more UK Govt. Departments for the specific purpose of establishing or expanding a UK business
The minimum investment required is £200,000 (if personal investment) or £50,000 (if funded by one of the above mentioned establishments) which needs to be invested in a UK business (by buying a business, establishing a new business or entering into an established business as partner or director). The applicants can use their own funds, funds gifted by a third party or a loan arranged for the said purpose.

The initial leave (visa) is granted for a three year and four months` time period that can be extended for a further two years from within the UK. Once the applicant completes five years of residence in the UK and fulfils the relevant requisites of this particular immigration category, he and his family members become eligible for Indefinite leave to remain in the UK.

The time period required for settlement can be reduced to three years, if the business has generated at least £5 million turn over during the three years or has created 10 full time positions for resident workers.

Initial Applications: We can advise and represent our clients in making their initial application which can be made either from overseas or from inside the UK depending on the factor whether he / she is eligible to switch to this category or not. The applicant needs to claim 75 points in total by having access to not less than £200,000 [personal] or £50,000 [funded by the establishments mentioned above] [25 points], by providing evidences that the money has been held in one or more regulated financial institutions [25 points] and by providing evidences that the total funds all disposable in the UK [25 points].

Extension Applications: This is an application made by those who are already got leave under this category and wish to extend their stay in the UK in order to complete their 5-years residence. They need to claim 75 points in total successfully in order to obtain further leave to remain (extension of visa) which is as below:

By providing evidences that the migrant has invested not less than £200,000 of personal investment or £50,000 funded by one of the establishments mentioned above, in a UK business (please note that property businesses are not included)
By providing evidence that the migrant got registered with the HMRC or has been appointed as the director within 6 months from the date of leave enter
By providing evidence that the migrant is engaged in business activities at the time of making extension application
By providing evidence that the migrant’s investment of £200,000 has created two full time positions for resident workers for at least one year
The maximum leave granted for extension applications is two years that will allow the applicant and the dependants to complete five years in the UK i.e. qualifying period for settlement in the UK.

Important Information:

Work Permissions: The main applicant will only be allowed to work for his business and will not be able to take any employment with an external employer. The dependants will however, be allowed to take any employment or engage in self employment activities during their stay in the UK. Another restriction attached will be that the main applicant or his / her dependants will not be able to work as Trainee doctors / Trainee dentists.
English Language: Ability to communicate in English language is an essential and necessary part of the whole point based system and the main applicant must also claim 10 points by passing an approved English language test or by being a national of one of the English speaking countries or by having completed a Bachelors / Masters / PHD from one of the English language countries or by having met one of these requirements in an earlier immigration application.
Maintenance: The migrant and his / her dependants will also be required to provide evidences of having funds for their maintenance. The amount of funds will depend on the fact whether they are making their applications from inside the UK or from outside. This will give 10 points to the main applicant.
Administrative Review / Judicial Review: If the entry clearance application is refused by the ECO (visa officer) in the overseas British Diplomatic post, the applicant will be given a right of review of the decision that must be exercised within 28 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the visa officer. If the administrative review also fails, the matter then can be taken to the High Court by lodging judicial review proceedings.
Appeals: The in country applicants whose Tier 1 (Entrepreneur) applications are refused will be given full rights of appeal, provided they are not left with any leave to remain in the UK at the time of the decision and the application was made at the time when the applicant had valid leave to remain in the UK.
What We Can Do For You?

If you have access to £200,000 or can arrange funding of £50,000 from one of the approved establishments and wish to enter / remain in the UK or have got other immigration issues relating to your / your family members, drop an email at:
ukvisasguidance@gmail.com

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