Tel: 0116 28 34567 | Fax: 0116 25 52363

Tel: 0116 28 34567 | Fax: 0116 25 52363

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Business Immigration- Tier 1
(Entrepreneur Migrants)

This route is for migrants who wish to establish, join or takeover one or more businesses in the UK.

For the purposes of these Immigration Rules, a ‘business’ means an enterprise as a sole-trader, a partnership, or a company registered in the UK.

Were the rules referred to money remaining ‘available’ to the Applicant until such time as it is spent for the purposes of his business or businesses, available means that the funds are in the Applicant’s own possession, in the financial accounts of a UK incorporated business of which he is a Director, or available from the third party or parties named in the application under the terms of the declaration referred to Paragraph 41-SD (b) of Appendix A.

‘Invested’ or ’spent’ excludes spending on:

  • The Applicant’s own remuneration.
  • Buying the business from a previous owner, where the money ultimately goes to that previous owner (irrespective of whether it is received or held directly or indirectly by that previous owner) rather than into the business being purchased (this applies regardless of whether the money is channelled through the business en route to the previous owner, for example by means of the Applicant or business purchasing ‘goodwill’ or other assets which were previously part of the business).
  • Investing in businesses, other than those which the Applicant is running as self-employed or as a director, and
  • Any spending which is not directly for the purposes of establishing or running the Applicant’s own business or businesses.
Entry to the UK

All migrants arriving in the UK and wishing to enter as a Tier 1 Entrepreneur migrant must have a valid Entry Clearance for entry under this route. If they do not have a valid Entry Clearance, entry will be refused.

Requirements for Entry Clearance

To qualify for Entry Clearance as a Tier 1 Entrepreneur migrant, an Applicant must meet the requirements listed below:-

  • The Applicant must not fall for refusal under the general grounds for refusal.
  • The Applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
  • The Applicant must have a minimum of 10 points under paragraph 1 to 15 of Appendix B.
  • The Applicant must have a minimum of 10 points under paragraph 1 to 2 of Appendix C.
  • An Applicant who has or was last granted leave as a student or a postgraduate doctor or dentist, a student nurse, a student writing up a thesis, a student resitting an examination or as a Tier 4 migrant and is currently being sponsored by government or international scholarship agency or was being sponsored by a government or international scholarship agency, and that sponsorship came to end 12 months ago or less, must provide the unconditional written consent of the sponsoring government or agency to the application and must provide the specified documents as set out in paragraph 245a above, to show that this requirement has been met.
  • Where the Applicant is being assessed under table 4 of Appendix A, the Entry Clearance Officer must be satisfied that:
  • The Applicant genuinely intends and is able to establish, takeover or become a director of one or more businesses in the UK within the next 6 months;
  • The Applicant genuinely intends to invest the money referred to Table 4 of Appendix A in the business or businesses referred to (i.);
  • That the money referred to Table 4 of Appendix A is genuinely available to the Applicant, and will remain available to him until such time as it is spent for the purposes of his business or businesses;
  • If the Applicant is relying on one or more previous investments to score points, they have genuinely invested all or part of the investment funds required in Table 4 of Appendix A into one or more genuine businesses in the UK;
  • That the Applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DC.
  • The Applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.
  • In making the assessment in (f.), the Entry Clearance Officer will assess the balance of probability. The Entry Clearance Officer may take into account the following factors;
    • 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)
    • The Applicant’s immigration history and previous activity in the UK; and
    • Any other relevant information.
  • Where the Applicant has had Entry Clearance, leave to remain or leave to enter as a Tier 1 Entrepreneur migrant, a business person or an innovator in the 12 months immediately before the date of the application, and is being assessed under Table 5 of Appendix A, the Entry Clearance Officer must be satisfied that;
    • The Applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had….Tier 1 Entrepreneur migrant, a business person or an innovator; and
    • The Applicant has genuinely invested the money referred to Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses: and
    • The Applicant genuinely intends to continue operating one or more businesses in the UK: and
    • The Applicant does not intend to take employment in the United Kingdom other than under the terms of Paragraph 245DE.
  • In making the assessment in (i.), the Entry Clearance Officer will assess the balance of probability. The Entry Clearance Officer may take into account the following factors;
    • The evidence the Applicant has submitted;
    • The viability and credibility of the source of the money referred to in Table 5 of Appendix A;
    • The credibility of the financial accounts of the business or businesses;
    • The credibility of the Applicant’s business activity in the UK, including when he had leave as a Tier 1 Entrepreneur migrant, a business person or an innovator;
    • The credibility of the job creation for which the Applicant is claiming points in Table 5 of Appendix A;
    • If the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
    • Any other relevant information.

The Entry Clearance Officer reserves the right to request additional information and evidence to support the assessment and to refuse the application if the information or evidence is not provided. Any request to documents must be received by the Entry Clearance Officer at the address specified in the request within 28 calendar days of the date of the request.

Period and conditions of grant

Entry Clearance will be granted for a period of 3 years and 4 months and will be subject to the following conditions:

No recourse to public funds,
Registration with the police, if this is required by Paragraph 326 of these rules, and
No employment under than working for the business(es) the Applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the Applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
No employment as a professional sportsperson (including as a sports coach)
Study subject to the conditions set out in part 15 of these rules were the Applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires

Requirements for Leave to Remain

To qualify for leave to remain as Tier 1 Entrepreneur Migrant under this route, an Applicant must meet the requirements listed below. If the Applicant meets the requirements leave to remain will be granted. If the Applicant does not meet the requirements, leave to remain will be refused.

  • The Applicant must not fall for refusal under the general grounds for refusal, except that Paragraph 322(10) shall not apply, and must not be an illegal entrant.
  • The Applicant must have a minimum of 75 points under Paragraphs 35 to 53 of Appendix A.
  • The Applicant must have a minimum of 10 points under Paragraphs 1 to 15 of Appendix B.
  • The Applicant must have a minimum of 10 points under Paragraphs 1 to 2 of Appendix C.
  • The Applicant who is applying for leave to remain must have or have last been granted Entry Clearance, leave to remain:

In one of categories listed at 245DD (e). For further details with regards to the requirements to be granted leave to remain as a Tier 1 Entrepreneur please see here. Please put link here.

Period, conditions and curtailment of grant of leave to remain

Leave to remain will be granted:

  • For a period of 2 years, to an Applicant who has, or was last granted, leave as a Tier 1 Entrepreneur migrant,
  • For a period of 3 years, any other Applicant.

 

Leave to remain under this route will be subject to following conditions:

  • No recourse to public funds,
  • Registration with the police, if this is required by Paragraph 326 of these rules, and
  • No employment, other than working for the business or businesses which he has established, joined or taken over, but working for such business(es) does not include anything undertaken by the Applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and
  • No employment as a professional sportsperson (including as a sports coach).
  • Study subject to the conditions as set out in part 15 of these rules were the Applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of leave expires

Bushra Ali Services

We at BUSHRA ALI SOLICITORS are able to offer a full package service with regards to seeking entry as an entrepreneur, extending leave to remain as an entrepreneur in the UK and seeking indefinite leave to remain in the UK.

To find out with regards to various packages and obtain further advice regarding these services, please feel free to contact us.