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City Legal is a multi award winning law firm specialising in UK Immigration Law, Wills & Estate Planning, Global Citizenship as well as providing Business, Education and HR Consultancy to both individual and corporate clients around the world.
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HGV Food Drivers: Eligibility & Conditions
Temporary Visa Scheme for HGV Drivers & Poultry Workers
Immigration Rule Changes September 2021
Right to work checks changes from 01 September 2021
EU Settlement Scheme Deadline Fast Approaching.
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Business Immigration

Tier 1 Entrepreneur Extensions

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Tier 1 Entrepreneur Extensions

The Tier 1 Entrepreneur route has been closed for new applications since 29 March 2019. In order to set up or run a business in the UK, it is now possible to apply for a Start-up visa or an Innovator visa that effectively replaced the entrepreneur route. Tier 1 Entrepreneur visa extensions can be applied until 5 April 2023 and applications for Indefinite Leave to Remain can be made until 5 April 2025.

Tier 1 Entrepreneur visa extension requirements

In order to be eligible for Tier 1 Entrepreneur extensions, the applicants must meet the below requirements.

  • Registered as a company director or as self-employed with HMRC within 6 months of obtaining the initial Tier 1 Entrepreneur visa
  • Continue to be either the director or registered as self employed with HMRC within the 3 months immediately prior to the extension application
  • Established, taken over or become a director of a genuinely operating business and intend to continue running the business
  • Invested either £50,000 or £200,000 (based on the initial application) in a business or businesses in the UK
  • Created at-least two full time jobs for those settled in the UK and existed for at least 12 months
  • Competent in the English language to at least CEFR Level B1
  • Maintain sufficient funds to support self and family without relying on public funds and satisfying the maintenance requirements

The current Tier 1 Entrepreneur visa holders when applied for extension may be interviewed as part of the application process. The genuine entrepreneur interview is normally conducted by the Home Office to ensure that the applicant has genuinely invested the money in a business operating in the UK and understands their role in the business. We have also seen on some occasions, the Home Office compliance team undertaking a visit to the applicant’s business premises. The application, if successful, allows the entrepreneurs to remain in the UK for a further 2 years, after which they can apply for settlement in the UK.

How can we assist?

Our Immigration lawyers at City Legal have immense experience in assisting entrepreneurs in setting up and expanding their business in the UK. We can assist existing entrepreneurs in collating the necessary supporting documentation and provide the necessary assistance for any genuine entrepreneur interviews. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.

Frequently Asked Questions

What can I do if I have been invited for a genuine entrepreneur interview?

The applicants must attend the interview, as failing to do so may lead to the application being refused or a decision taken with the available evidence to the Home Office. We can assist applicants in providing one to one interview practice by going through your business plan, work and business experience, company operations etc and provide constructive feedback to prepare you for the Home Office interview.

Can I apply for settlement rather than an extension after 3 years?

The applicant may qualify for accelerated settlement after 3 years if they have created 10 new jobs or the business received at least £5 million in business income as a result of its activities. The applicant must also meet other required eligibility conditions for settlement.

What can I do if my application is refused?

The refusal of a Tier 1 Entrepreneur extension application only carries a right of administrative review due to case working errors. The applicant may also pursue the Judicial Review option, if they wish to challenge the decision.

Do I have to provide proof of maintenance funds for extension?

The applicant is required to provide the evidence for maintenance as per the requirement at the time of application to show that they can support themselves and any dependants without accessing public funds if the extension is granted.

Is there any relaxation for extension due to the impact o Covid-19 pandemic?

The Home Office has confirmed that the applicants are no longer required to employ at least 2 people for 12 consecutive months each. The 12 month period can be made up of multiple jobs across different months. The time period during which the employees were furloughed will not count towards the 12 month period. The applicants will be allowed to temporarily extend their stay if their visa expires, giving them enough time to meet the employment requirement. These arrangements will continue for applications made even after 31 May 2020, where the jobs in question were disrupted due to COVID-19. It is highly recommended to obtain legal advice for further clarifications.
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