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After the 28 March 2019, the Tier 1 (Entrepreneur) visa scheme will close.
The UK offers a Points-Based Systems for non-EEA nationals who are seeking to enter the UK for business purposes specifically under Tier 1 of the system, there are various categories however one of the most common categories is the Tier 1 Entrepreneur visa.
The UK’s economy has been growing rapidly in recent years and more people are deciding to set up or take over a business in the UK due to the rising opportunities. If this is a route you are currently considering, please contact our business immigration team who are specialists in this field and who will be able to provide you with detailed advice.
As with all Immigration applications, there are certain requirements that you will need to satisfy to obtain a grant of leave to enter via a Tier 1 Entrepreneur visa. As this visa is under the Points-Based System, the applicant must meet a minimum of 95 points and aged at least 16 years of age or older. Please note that where the applicant is aged 18 years of age or older, the Home Office must be provided with a criminal record certificate from any country that the applicant has resided in for 12 months or more. One of the main requirements for a Tier 1 Entrepreneur visa relates to the funds required as there are two separate categories.
The first category requires that you hold a minimum of £200,000.00 of disposable funds which can be your own funds or third party funding. The funds in this category takes into consideration any funds already invested in the UK either by the Applicant or by the third party.
The second category allows you to make an application for a Tier 1 Entrepreneur visa if you have £50,000 however, this only applies if the investment funds are from an FCA registered UK venture capital firm, UK seed funding competition or a UK government department.
Depending on the funds available to you, the evidence required by the Home Office will differ and as such it is vital that you apply under the correct route to ensure that you satisfy the correct set of requirements. Each category has complex guidance notes instructing applicants on the specific documents required as evidence to demonstrate eligibility; failure to adhere to these guidelines will render your application as either invalid or your application refused.
The ‘Genuine Entrepreneur Test’; entails providing sufficient evidence to demonstrate your genuine intention to establish or take over a business here in the UK within six months. The Home Office can request that you attend an interview during which they will attempt to ascertain whether your intentions are genuine.
If you do not satisfactorily demonstrate genuine intention, your application will be refused even if you have met all of the other requirements. Our team of Immigration specialists can take you through the interview stage step by step to ensure that you are able to answer questions with regards to your application confidently and accurately.
Additionally, you must also evidence that you have the required qualifications and business experience to create a successful business in the UK with the necessary level of English language as well as being able to maintain and accommodate yourself without any recourse to public funds.
If you are granted leave on a Tier 1 Entrepreneur visa, you will be able to remain in the UK legally for three years and four months. Following the initial grant of leave, you can make a further application to the Home Office to extend your Tier 1 Entrepreneur visa for a further two years.
The extension application has further requirements that you must satisfy before your leave to remain is extended. To be eligible for an extension under Tier 1 Entrepreneur visa, you must demonstrate that you created a business, invested either £200,000 or £50,000, and established a minimum of two full time jobs with their Employment continuing for at least 12 months. It is also important that you evidence your registration with HMRC and you must also show that you are heavily involved in the business by undertaking activities within the business.
If you have held a grant of leave by way of a Tier 1 Entrepreneur visa for five years then you may be eligible for Indefinite Leave to Remain on the condition that you have resided in the UK lawfully for a continuous period of five years and have not been absent from the UK for more than 180 days in any given 12 month period.
The Home Office can request that you attend a further interview at the settlement stage to once more satisfy the ‘Genuine Entrepreneur Test’. The requirements for the ‘Genuine Entrepreneur Test’ for Indefinite Leave to Remain include evidencing that you still have an established business that you invested funds in and that you are genuinely intending to continue with your established business.
Following the changes to the Immigration Rules in April 2011, some Tier Entrepreneur migrants may be eligible for accelerated settlement after only three years of residence in the UK.
To be eligible for accelerated settlement, the applicant must demonstrate that their business was able to create a minimum of 10 new jobs in the UK or alternatively, that their business had an income of £5 million during the three year period. The three year qualifying period can start from the date the applicant was granted leave however, the period in which leave was granted and the entry date to the UK can count towards the 180 days of permissible absence in any 12 month period.
A settlement application can potentially be one of the most significant applications that you will make whilst in the UK and it is important that you obtain correct, detailed advice from specialists in the field to ensure that your application is successful. A settlement application has considerably more detailed guidance notes published by the Home Office which must be followed meticulously. A refusal for Indefinite Leave to Remain can be detrimental not only for your future but also for your business and as such it is vital that the first application for Indefinite Leave to Remain is made correctly and competently. Our business immigration team undertakes settlement applications daily and have vast experience in this area. Please contact our team on 0203 959 9123 and we will ensure that your application for Indefinite Leave to Remain is successful the first time and your future in the UK secured.
How is OTS Solicitors Different to other Immigration Law Firms?
Our business immigration team is led by top ranked Immigration lawyers, former Immigration judges, and barristers. Our Senior Immigration Solicitor and former Immigration judge of the Immigration Tribunal Mr Paul Gulbenkian is also advisor to the UK Government’s Migration Advisory Committee. Our business immigration team is also headed by our principal solicitor Ms Teni Shahiean recognised and recommended by the Legal 500 from 2012 and 2015, together with our team of Immigration solicitors we provide a flawless and strategic business immigration service to you throughout the process.
As an award winning law firm we understand that your success is our success. We also understand that entrepreneurs and investors are vital in continuing the fast economic growth in the UK. At OTS solicitors we are here to help as a gateway to that success by providing world class business immigration services to Tier 1 entrepreneurs and investors. We can assist you, your business or corporate partners to enter the UK and take full advantage of opportunities to invest in the UK, set up a business, or take over the running of one or more existing businesses in the UK.
This page contains a brief summary of the UK Entrepreneur and Investor Visa requirements. For detailed and tailored advice to your individual circumstances, please contact the OTS Solicitors business immigration department on 0203 959 9123 or contact us online.
To provide our client’s with a one-stop business immigration service, our Immigration Solicitors along with business plan writers, and accountants will work togerther to ensure your application is successful and for continued support as an Entrepreneur. Our Employment and Corporate lawyers will also provide support to ensure you are advised on any aspects of meeting the specific Immigration rules and requirement and also thereafter while running your business. By proving you with a one-stop business service our teams work together to provide the best seamless business immigration service in the UK.
Our solicitors from the business immigration team led by Mr Paul Gulbenkian and Ms Teni Shahiean will take the lead to ensure your Immigration application is completed successfully, and that you remain compliant with the requirement for this visa category throughout your stay in the UK.
For detailed and tailored advice on your individual circumstances, please contact the OTS Solicitors business immigration department on 0203 959 9123 or contact us online.
For a more detailed discussion regarding your case, or to book an appointment with a member of our business immigration team, please call us now on 0203 959 9123
By Teni Shahiean, of OTS Solicitors
Teni Shahiean is a founding partner at OTS Solicitors. She has a wealth of experience in business immigration law, commercial law and employment law and regularly advises businesses on Sponsor Licence acquisition and compliance. Teni is also regularly called on to provide expert opinion on television and in print media, both in the UK and internationally.
A Tier 1 Entrepreneur Visa is one of the most difficult to obtain. Not only do applicants have to have access to the required funds of £50,000 or £200,000, but they also need to pass the Genuine Entrepreneur Test.
In 2015, the Migration Advisory Committee (MAC) released a report that stated the Tier 1 Entrepreneur Visa needed to be reviewed. One of the main reasons cited was that some migrants were using the Tier 1 Entrepreneur Visa route to avoid the £2 million required to obtain a Tier 1 Investor Visa, which could lead to an accelerated settlement. They achieved this by investing in a small equity stake of an established company but did not actively participate in running the organisation.
MAC suggested some significant changes to the existing application system. These included:
As at the time of writing, these measures have not been implemented. However, in 2015, the Genuine Entrepreneur Test, has become significantly tougher.
OTS Solicitors is a Legal 500 recommended law firm. We have won numerous other awards for our Immigration service, including a Global Excellence Award for the Most Trusted in Immigration Law. My team and I regularly support clients who are applying for a Tier 1 Entrepreneur Visa to pass the Genuine Entrepreneur Test.
The Home Office uses the Genuine Entrepreneur Test to assess your credibility. Immigration officials will take the following into consideration when looking at your application:
The two main components of the Genuine Entrepreneur Test are your business plan and an interview with the Home Office.
The business plan
A key error those applying for a Tier 1 Entrepreneur Visa make when presenting their business plan is simply submitting the version they have developed for investors and lenders. Although the financial forecast of the business is important, Immigration officials are more concerned with whether you can meet the requirements of the Tier 1 Entrepreneur Visa. These include:
In addition, your business plan will need to show you have an in-depth knowledge of the industry, you have the educational requirements and the experience needed to create/grow a successful enterprise and that you understand the UK market.
The Home Office Interview
As part of the Genuine Entrepreneur Test, you may be required to attend an interview with an Immigration official. You will need to be prepared as the interviewer will ask you many questions about your background, business knowledge and industry experience to help them decide on whether to grant you entry under the entrepreneur route.
You are likely to be asked questions such as:
My team and I work extensively with Tier 1 Entrepreneur Visa applicants to help them prepare for a Home Office interview. Not only do we provide a list of possible questions, but we also coach them through answers in mock interviews, so their answers are consistent and articulate on the day. Doing this means we have an extremely high success rate when it comes to having Tier 1 Entrepreneur Visas granted.
Our client worked in the music industry in the Middle East. They applied for a Tier 1 Entrepreneur Visa using and planned to invest in an existing business in London. As the targeted business was not in their field of expertise and given and our client’s limited experience in this industry, we focused on detailing and showcasing all of the transferable skills from their marketing and managerial roles in the business plan and CV to fulfil the requirements of the Genuine Entrepreneurship Test. Because of our thorough gathering of evidence, the Home Office did not require an interview with the client, and their entrepreneur visa was granted straight away.
Being exempted from a Genuine Entrepreneur Test interview is extremely rare. This example highlights the skills that our Immigration solicitors possess to create the best business plan that will instil confidence in Immigration officials.
To find out how we can help you successfully apply for a Tier 1 Entrepreneur Visa and create a successful business plan, please call us on 0203 959 9123.
OTS Solicitors is one of the most respected Immigration law firms in London and is Legal 500 leading firm. By making an appointment with one of our business immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.
The client, a Chinese national entered the UK on a student visa. Prior to instructing OTS Solicitors, and following her graduation, she attempted to establish a business in the UK and remain in the country as a Tier 1 (Entrepreneur) migrant. However, this application failed due to insufficient evidence of being a genuine entrepreneur.
Refusal on the Basis of TOEIC Centre
After the failure of Tier 1 Entrepreneur application, she secured a job offer and was offered a sponsorship for that position. As at that time she was still on her Tier 4 visa, with the assistant of an oisc Immigration agent she applied in country to switch to Tier 2. The application was initially refused due to a claimed deception, as the client had omitted to disclose the Tier 1 refusal. After a new application in the same category, where the client provided explanation in regards to the omitted information, another refusal was issued, on the basis that when she was applying to extend her student visa, she had used a TOEIC centre that was later on found to have participated in fraudulent scheme that allowed some applicants to use deception to pass the test. On this basis, the Home Office found that our client had obtained her previous leave using deception and therefore her application was refused.
In-country right of Appeal against TOEIC Decision
The client, of course, vehemently denied any wrongdoing. She instructed a solicitor before coming to OTS to challenge this refusal. As the application had been submitted in 2015, prior to the changes to the right of appeal, the decision carried an in country right of appeal. An appeal was lodged and the client approached OTS solicitors after receiving a hearing date, as she wished to desist instructing her previous solicitors.
Instructing OTS Solicitors & Amendment of Grounds of Appeal
Our firm's Appeals and Litigation team appraised the case and the available material and advised the client on the merits of her appeal. They further made a decision that the grounds of appeal needed to be amended to strengthen the case. Having carefully analysed the client’s case, it was decided by our specialist lawyers that the best venue for a successful appeal was to challenge the Home Office refusal decision on two grounds. On the one had the fact that the Home Office had not discharged from the duty to prove that the client had committed a fraud and had sat a TOEIC examination through a proxy or otherwise implemented illegal tactics to pass the examination. The Home Office was relying on a general expert report without any direct evidence implicating our client into such a fraudulent activity. This ground was fully argued to clear our client’s name who had been unfairly accused of dishonesty and deception.
The second ground that was put forward, was in relation to the client’s private and family life. The client was in a relationship with a British Citizen for over two years. This line of argument had been completely left out from the appeal and therefore necessitated the grounds to be amended.
Based on the advice given by our appeals and litigation team, the client decided to instruct on submitting amended grounds of appeal. Properly argued grounds of appeal were drafted by a barrister and submitted.
Preparation for the Appeal Hearing
Following these initial stages, our team started working on the preparation for the hearing, in conjunction with the counsel. Detailed statement was taken from the appellant and several other attendees of the same examination. This was aimed at showing that the client was familiar with the set-up of the examination centre and the process was of the assessment itself, aiding to the argument that the Client had, in fact, taken part in the assessment. Further to this, evidence of the knowledge of English prior to the assessment was provided, showing that e client had no probable cause for cheating.
Apart from the aspects dealing with the allegations of deception, our appeals team worked hard to produce evidence of the client's private and family life and to evidence why returning back to her country of origin to continue their family life there was not an option.
TOEIC Refusal Decision Challenged & Appeal Allowed
This appeal was allowed on both grounds, under the Immigration rules and the Human Rights.
Solicitor – Teni Shahiean– CEO and Founder of OTS Solicitor, UK immigration law Specialist
Background
Teni's client is an Iranian national who came to OTS after his Tier 1 (Entrepreneur) Visa was refused twice following the applications being made by another Immigration law firm. Our client was not happy with the service he received from his previous Immigration solicitor and felt that after talking to Teni and Maryem, he would receive the best service available from OTS Solicitors.
UK Visas & Immigration first refused our client because they believed that he was not a director of a company. The second time he was refused was because the department claimed he had not properly invested the required £200,000.
How we helped
Teni began by investigating the first two initial refusals. She found that UK Visa & Migration had not considered our client’s Certificate of Directorship and had ignored invoices that showed he had invested in his company in a way that is required by the Immigration Rules.
We have submitted a Pre-Action Protocol on our client’s behalf, alerting the Home Office that we will be challenging the decision via judicial review. Teni and her team are currently negotiating with the Home Office to try and reach an early settlement.
Follow-up Support
We will continue to work with our client after his Tier 1 (Entrepreneur) Visa is approved; assisting him by ensuring he understands the residency requirements for applying for Indefinite Leave to Remain. We will also work with him and his staff to ensure his business is continuing to be compliant with UK Immigration laws and policies.
Solicitor – Teni Shahiean – Partner and co-founder of OTS Solicitors
Background
Teni’s client is a Chinese family who came to the UK on a Tier One (Entrepreneur) Visa. They had gone on to create an extremely successful business and wanted to apply for accelerated leave to remain in the UK.
How we helped
Under the Tier 1 (Entrepreneur) Visa, there are two ways accelerated leave to remain can be granted:
a) the business employs 10 or more people who are ‘settled’ (ie are British Citizens or have Indefinite Leave to Remain) in the UK; or
b) the organisation has a turnover of at least £5 million per year
Teni’s client is applying under the 10 or more employee qualifier. The application required a vast amount of paperwork to be collated and submitted to UK Visas & Immigration, not only from the applicants themselves, but their employees.
We have advised the clients on the supporting documentation needed, prepared the application and are currently awaiting a decision from the Home Office.
Follow-up Support
Once the family obtain Indefinite Leave to Remain, we will continue to work with them to strategise their application for British Citizenship, ensuring any business travel requirements do not jeopardise their eligibility for naturalisation.
Our client TZ, a national of China, approached OTS Solicitors after refusal of her leave to remain as a Tier 1 entrepreneur visa and a high net worth investor. She had previously been granted leave to enter as Tier 1 Entrepreneur applicant and had established successful businesses in the UK into which she had invested significant amount of funds. At the time of her extension application she was the director of the company she incorporated and was employing 4 workers.
Her Tier 1 Entrepreneur extension application was refused for alleged failure to provide a piece of specified evidence. As our client approached our business investment and Immigration department after refusal of her application that carried a right of administrative review our business immigration lawyers conducted an initial consultation to assess the reasons of refusal and any possible grounds of challenge.
The client was advised that the missing evidence was not mandatory, as the other documents provided with her leave to remain application provided the specified information. She was also advised of her options and that administrative review was her next step as an investor she would not have a right of appeal. She was advised that this was a statutory remedy and, although it was unlikely to succeed due to the Home Office established practice of refusing administrative review requests, our lawyers explained that any judicial review claim was unlikely to succeed if administrative review was not sought.
While administrative review was pending, our investment and Tier 1 Entrepreneur Immigration team requested the client's file from previous representatives, in order to carry full assessment of the case to detect any possible and hidden issues that might lead to further refusals.
After receiving the expected refusal of the administrative review, our lawyers issued the Home office with a pre-action letter requesting withdrawal of the erroneous decision and reconsideration of our client's Tier 1 entrepreneur decision. Our business immigration lawyers argued that specified information had been provided and as such was sufficient. Further to this, argument was made, based on home office evidential flexibility policy, that the Respondent should have requested any such further evidence they felt necessary for considering the application.
No response was received in the 14 days allowed for the Respondent to respond to the pre-action letter. judicial review proceedings were started and lodged. On the same day, after the lodging of the judicial review claim, response was received from the Respondent, agreeing to reconsider our client's application. Negotiations started with the Respondent to settle the judicial review claim and the Respondent, also agreed to pay our client's costs.
Shortly after, our business immigration team was contacted by the Home Office confirming a new decision was made and that our client was to be granted 2 years further leave in Tier 1 Entrepreneur category and our client would continue to invest in ther UK businesses.
Thank you for getting in touch with us.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for your email.
The Tier 1 Entrepreneur visa route allows you to invest in an existing business in the UK or set up a new business from scratch. The key to success is to ensure that your father fully understands the business he intends to establish, that his skills and experience can be matched to the business needs and that the business is viable and credible. Of course, he must also meet all the other requirements which can be discussed at length at a later stage.
Should you wish to discuss the matter further, I will be happy to arrange a consultation for you over the telephone from our office.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Sir,
Many thanks for your question.
You can come to the UK with a Tier 1 (Entrepreneur) visa for a maximum of 3 years and 4 months. You can extend this visa for another 2 years if you’re already in this category.
You may be able to apply for Indefinite Leave to Remain (ILR) once you’ve been in the UK for 5 years. You may also be eligible to apply for fast track settlement under the Tier 1 Entrepreneur in 3 years providing you meet the various requirements. You may apply for citizenship one year after you have obtained ILR.
Our solicitors will contact you shortly to discuss this further.
Thank you for your below enquiry, and further to our telephone conversation, please be advised that the absences which are more than 180 in last 5 years during the time of your 5 years of the Tier 1 status, will not make you quaify for the settlement, and so for your dependents, however if you require further clarifications, please let me know and I will be glad to assist you.
Dear Sidra,
Thank you for your enquiry with us.
We will need to have sight of the Home Office refusal to your husband’s Tier 1 visa application along with the documents submitted in order to ascertain whether the refusal was in accordance with the Immigration Rules or not. Your husband can challenge this refusal by way of Administrative Review however, for this we suggest that you have a consultation with us. Our consultations are normally an hour with a fee of £180 plus VAT [if applicable] this is necessary for us to assess how we can assist your husband in his entry to the UK as a Tier 1 migrant.
Thank you for getting in touch with us.
Your enquiry is being reviewed by our team and one of our solicitors will contact you shortly.
In the meantime, you can also call us on 02039599123 or email us on info@otssolicitors.co.uk
Dear Sir,
The investments or funds have to be held in the account for 3 months before making the Tier 1 entrepreneur application, however in regard to the kind and type of the investment depends on business to business and its nature. Our solicitors will contact you shortly to discuss your matter further.
