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The email address must remain the same and used to liaise until the matter closure.
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You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
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Covid-19 business update
Business Updates:*
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
The
Tier 1 Entrepreneur visa is designed for individuals planning to start a UK
business from scratch, take over an existing business or invest in a business
they are already involved with in some way. The most important requirement to
qualify for a Tier 1 Entrepreneur visa is access to a minimum of £200,000
(£50,000 for some applicants) which must be held by a recognised and regulated
financial institution in the UK.
In order to qualify for settled status (aka indefinite
leave to remain), the Tier 1 Entrepreneur migrant must spend a minimum of five
consecutive years in the UK. However,
it’s possible to reduce this requirement to just three years if the business
established generates a minimum annual turnover of £5 million for three
consecutive years, or creates a minimum of 10 full-time jobs for a period of
one year.
Most
Tier 1 Entrepreneur visas provide the recipient with a standard three years and
four months of leave to remain in the UK. After which, there is the option of
applying for an extension, which can grant a maximum of two more years’ leave
to remain. The combined leave will subsequently satisfy the requirement to
apply for indefinite leave to remain, granting successful applicants settled status
in the United Kingdom.
Please
note that this two-year extension of the original Tier 1 Entrepreneur visa is
neither automatic not guaranteed. As a result, it’s important that individuals
living and working in the United Kingdom on a Tier 1 Entrepreneur abide by the
terms and conditions of their visa at all times. It is typically on the basis
of their compliance with all applicable Tier 1 Entrepreneur rules that their
eligibility for an extension and subsequent settled status is determined.
Immigration
legislation for entrepreneurs has been overhauled and modified several times
over recent years. As of 2019, a basic overview of the most important rules and
regulations by which Tier 1 Entrepreneurs must abide is as follows:
The entrepreneur must
have a minimum of £200,000 invested in a UK business in order to qualify. This
amount is reduced to £50,000 in some instances. Any breach of this threshold
could affect the applicant’s eligibility for a subsequent extension.
It is the responsibility
of the entrepreneur to provide evidence of the investment amount and where the
money has been invested. If such evidence cannot be provided, it will typically
be assumed that the investment never happened.
Entrepreneurs must also
provide sufficient evidence to satisfy the requirements of the General
Entrepreneur Test, which takes into account invoices and receipts, contracts,
insurance documents, websites, property leases, and so on.
The investment must
result in a net increase of a minimum of two jobs for EEA or settled workers,
in order to be considered acceptable.
The
above list is far from exhaustive and the complexities surrounding
qualification for a Tier 1 Entrepreneur must not be underestimated. For more
information or to discuss your case in more detail, contact a member of the
team at Aristone Solicitors today.
Genuine
Entrepreneur Test
As
already touched upon, individuals seeking entry to the UK by way of a Tier 1
Entrepreneur visa are required to pass what’s known as the ‘Genuine
Entrepreneur Test’. The test was introduced by the Home Office to ensure that
those applying for such a visa have the genuine intention and ability to launch
a new business in the UK, rather than simply gain access to the country for more
general purposes. The Genuine Entrepreneur Test examines key elements of the
applicant’s business strategy, existing assets and the general viability of
their entrepreneurial intentions.
If
you are unable to provide sufficient evidence of your past, current and
intended business activities, you may struggle to qualify for a Tier 1
Entrepreneur visa.
Switching
into the Tier 1 Entrepreneur Visa
There
are various visa categories that allow individuals already in the United
Kingdom to switch to a Tier 1 Entrepreneur visa. You may be eligible to switch
if your case is of sufficient strength and your previous leave to remain was
assigned on the one of the following categories:
Highly skilled
migrant
Tier 1 (general)
migrant
Tier 1
(entrepreneur) migrant
Tier 1 (investor)
migrant
Tier 1 (graduate
entrepreneur) migrant
Tier 1 (post-study
work) migrant
Businessperson
Innovator
Investor
Participant in the
fresh talent: working in Scotland scheme
Participant in the
international graduates scheme (or its predecessor, the science and
engineering graduates scheme)
Postgraduate doctor
or dentist
Self-employed lawyer
Work permit holder
Writer, composer or
artist
Tier 2 migrant
A visitor who has
been undertaking permitted activities as a prospective entrepreneur
Initial
application
Tier
1 Entrepreneur visas are granted by way of a points-based system, requiring a
minimum of 95 points to be earned on the part of the applicant. There are various factors considered by the
Home Office and points awarded accordingly, which include the following:
A.
Access to £200,000 or £50,000*
Every
applicant must be able to provide evidence of access to a minimum of £200,000
(or £50,000 in some circumstances) held at a recognised and regulated financial
institution in the UK. For applicants already residing in the UK, it is
necessary for the funds to be held in their personal/private bank account.
The
money is held in one or more regulated financial institutions = 25 points
The
money is disposable in the UK = 25 points
Applicants
are entitled to rely on third-party funding sources to raise the required
£200,000 or £50,000, which may include spouses, civil partners and other third
parties located within the United Kingdom and overseas
*Individuals
already in the UK under the Tier 1 (Graduate Entrepreneur) migrant scheme who
intend to switch to a Tier 1 Entrepreneur visa need only provide evidence of
£50,000 of accessible funds at the time. If the £50,000 is already invested in
the applicant’s business, sufficient evidence must be provided to verify this.
Likewise, if part of the £50,000 has been invested in the business and the
remaining funds are held elsewhere, evidence of both must be provided to verify
sufficient total funds to cover the £50,000 requirement.
Applicants
in the UK as Tier 1 (Post-Study Work) migrants interested in switching to Tier
1 Entrepreneur visas are also subject to the lower £50,000 requirement. Further
evidence must be provided to submit such applications as follows:
Evidence of
continuous engagement in the relevant business activity since July 11,
2014, and up until the date of the application.
Evidence of
continuous work in an occupation at NQF level 4 or above as per the Codes
of Practice since July 11, 2014.
B.
English language requirement.
In accordance with Appendix B of the Immigration
Rules, Tier 1 Entrepreneur visa applicants must score a minimum of 10 points by
satisfying formal English language requirements.
Documentation
must be provided as evidence of competent English language skills to the
specified standard. Tier 1 Entrepreneur visa applicants can formally verify
their English language skills in three ways as follows:
By being a national of an
English-speaking country recognised by the UK.
By passing a recognised
language test approved by the UKVI (IELTS or Trinity College) at B1 level of
the Council of Europe’s Common European Framework CEFR.
By holding a degree-level
qualification that was taught at a UK educational institution or elsewhere if
delivered 100% in English.
It’s
also possible to fulfil all formal requirements for competent English language
skills without the provision of evidence, if the applicant’s previous leave to
remain in the UK was granted:
Under Tier 1
(General), Tier 1 (Graduate Entrepreneur), Tier 1 (Post-Study Work) or
Tier 1 (Entrepreneur) and they intend to apply for an extension; or
As a Businessperson
(under Paragraphs 200-210 of the Immigration Rules); or
As a Highly Skilled
Migrant Programme (HSMP) participant under the Immigration Rules
(introduced December 5, 2006) and they are applying for an extension of
leave to remain under a Tier 1 category.
No
formal evidence of English language skills is required in the event that the
applicant was previously given leave to remain in the UK:
You
can also meet the English language requirement without the need to provide
evidence if you have ever been given permission to stay:
as a Tier 2
(General) migrant under the terms brought into effect on April 6, 2011, on
the condition that you have previously provided evidence of sufficient
English language skills equivalent to level B1 of the CEFR for Language
Learning or above; or
as a Tier 1
(Exceptional Talent) migrant who scored sufficient points in their
previous application to verify their English language skills; or
as a Tier 4
(General) student, and the Confirmation of Acceptance for Studies (CAS)
used to support that application was assigned on or after 21 April 2011;
or
leave as a Minister
of Religion (not as a Tier 2 (Minister of Religion) migrant) under the
Rules in place on or after 19 April 2007; or
as a Tier 2
(Minister of Religion) migrant, under the condition that their prior leave
to remain was granted in accordance with points and for English language
skills equivalent to level B1 (or above) of the Council of Europe’s Common
European Framework for Language Learning, or the applicant was a national
of an English-speaking country or the holder of a degree-level
qualification taught in English.
C.
Maintenance Requirements
Maintenance refers to the amount of money the
applicant must have access to, in order to satisfy Tier
1 Entrepreneur visa requirements in accordance with Appendix C of the
Immigration Rules. A minimum of 10
points must be scored for maintenance for a Tier 1 Entrepreneur visa
application to be successful.
It is essential that the applicant provides evidence
that they are able to support their activities and their lifestyle for the
duration of their stay, with no requirement to claim benefits under any
circumstances. They must also show that they have enough money to support any
dependants who rely on them financially (where applicable).
Current maintenance requirements imposed by the Home
Office are as follows:
For
applicants residing outside the United Kingdom looking to gain entry clearance,
a minimum of £3,310 in personal savings must be held for at least 90
consecutive days before submission of their application;
Where
the Tier 1 Entrepreneur visa applicant is
already in the UK and seeking further leave to remain, evidence must be
provided of personal savings of at least £945 held for a minimum of 90
consecutive days;
If
the applicant has been in the United Kingdom for less than 12 months or is
outside the UK at the time of their application, evidence must be provided of
personal savings of at least £1,890 for every dependant who relies on them financially.
Again, the funds must have been held consecutively for a minimum of 90 days,
though family members can rely on their own personal savings where evidence can
be provided;
Where
the applicant has spent more than 12 consecutive months in the United Kingdom,
a minimum maintenance requirement of £630 in personal savings for every dependant
held for a minimum of 90 consecutive days applies. Once again, family members
can rely on their own personal savings where applicable.
Please
note that it is not acceptable for the same savings/funds to be used to satisfy
the requirements for £200,000 or £50,000 business funds and the maintenance
required to finance your lifestyle and support your dependants. The
requirements are completely separate and will be considered as such.
D.
Genuine Entrepreneur Test
Tier 1 Entrepreneur visa applications will only be
considered where the applicant successfully passes the Genuine Entrepreneur
Test.
The test is a mandatory requirement as part of an
initial Tier 1 Entrepreneur visa application,
conducted by the Entry Clearance Office and designed to consider a variety of
factors/indicators such as:
the overall quality
of the evidence provided by the applicant;
the credibility and
viability of the sources used to secure the required funds;
the completeness and
viability of the business plan and strategy of the applicant, along with
evidence of sufficient market research and sector knowledge;
any relevant
business experience or educational background that may support their
business venture;
previous business
activities and history of immigration or leave to remain granted in the
UK;
registration or
accreditation of any previous businesses or business activities in the
United Kingdom;
any other supportive
documentation or evidence deemed relevant.
By
taking into account these and other important factors, the Entry Clearance
Officer will seek to determine whether or not:
The applicant has the
intention and the ability to start, take over or take control of at least one
UK-based business no later than six months from the date of the application;
The applicant has the
genuine intention to invest the minimum amount of capital (as detailed
previously) in the respective business venture;
The applicant has
immediate and guaranteed access to the necessary funds, which have been sourced
legitimately;
The applicant has no
intention of pursuing conventional employment during their stay and will only
work for their own business.
As of September 1, 2015, the applicant and any adult
dependants they intend to support financially must submit a criminal record
certificate from any overseas country in which they have resided continuously
for 12 months or more, during the 10-year period prior to their application.
Tier 1 Entrepreneur Application Form
The
Tier 1 Entrepreneur visa can appear complex and daunting at first glance. It’s important to remember that as the
information you provide will play a key role in determining your eligibility,
its completion should be approached with extreme care and attention. In order
to complete and submit your application, you’ll need to visit the Home Office
website by clicking the link below. It’s always useful to take a look at the
application form to see the kind of information required, bur we also strongly
advise speaking to an experienced immigration lawyer before completing and
submitting your application.
Applicants
interested in extending their Tier 1 Entrepreneur visas must
score a minimum of 75 points, which can be earned as follows:
The provision of evidence
of the direct investment in one or more businesses in the UK totalling at least
£200,000 = 20 points awarded
Registration as a
self-employed worker or business director no later than six months following
the date your Tier 1 Entrepreneur visas was granted = 20 points awarded
Evidence of a minimum of
three months working as a business director or self-employed worker prior to
submitting the application = 15 points
awarded
The creation of two or
more full-time jobs for settled persons in the United Kingdom = 20 points awarded
You
must score at least 75 points for the above-mentioned attributes (Appendix A of
the Immigration Rules).
Meeting the Minimum
Maintenance Requirement
–
In order to qualify, the applicant must provide evidence of personal savings of
at least £945 held for a minimum of 90 consecutive days before submitting their
application.
–
Where an applicant has lived for more than 12 months in the United Kingdom,
they also need to provide evidence of personal savings totalling £630 or more
for every dependant they support financially, held for a minimum of 90
days. Family members (dependants) are
entitled to rely on their own personal savings to fulfil this requirement.
English Language
Requirement
As you will have already provided evidence of your
English language skills as part of your initial application, it is not
necessary to provide further evidence when applying for an extension.
Passing
the Genuine Entrepreneur Test
To
qualify for an extension, it will be necessary to pass the Genuine Entrepreneur
Test, which sees the Home Office scrutinise your status, your intentions and
the viability of your business in the following ways:
Whether you have
successfully established or taken control of one or more viable UK businesses;
The extent to which you
have invested money in one or more businesses in the UK, in accordance with the
minimum specified requirements;
If you clearly have the
intention to continue running one or more UK-based businesses;
That you have no intention
of seeking any other type of employment in the UK other than that of running
your business or businesses.
In
order to determine your eligibility for an extension, the Home Office will
consider the following factors as part of the Genuine Entrepreneur Test:
The
quality and completeness of the evidence you submit
The
viability of your business intentions and activities
The
legality and viability of the way your funds are sourced
The
credibility of your business documents and financial reports
The
extent to which your business activities create jobs
The
acquisition of registration, accreditation, insurance and so on for your UK
business or businesses
The
provision of any other evidence or documentation deemed relevant
Learn
more about the Tier 1 Entrepreneur visa application by visiting the Home Office
website and inspecting the online
application form. Before completing and submitting your application, contact
one of our experienced immigration lawyers to ensure your case is presented
appropriately.
Why
Apply for a Tier 1 Entrepreneur Visa?
There are several key benefits that make the
Tier 1 Entrepreneur visas an appealing
basis for legal entry and residence in the United Kingdom. Examples of which
include but are by no means limited to the following:
Tier
1 Entrepreneur visa holders can spend up to 180 days out of every calendar year
outside the UK;
The
applicant can bring dependants with them to reside in the UK for the duration
of their stay, including children under the age of 18, their spouse and other
dependants;
Dependants
who accompany Tier 1 Entrepreneur visa-holders during their stay are subject to
limited study and work restrictions;
Applicants have the
option of joining forces with other Tier
1 Entrepreneur visa applicants to form ‘entrepreneurial teams’ and combine
resources to meet the minimum investment requirement of £200,000 or £50,000.
Tier 1 Entrepreneur Visa Lawyers in Luton
Once
again, the importance of securing appropriate legal representation before
submitting your application cannot be overstated. Along with ensuring all
relevant information is provided to process your application, you must also
consider the supportive documentation and hard evidence required to prove your
case.
Here
at Aristone Solicitors, our elite business immigration team has the experience
and expertise needed to streamline and simplify even the most complex
applications. We’ll do whatever it takes to ensure your UK business gets off to
a strong and prosperous start.
For
more information or to discuss your requirements in more detail, contact a
member of our business immigration team to book your obligation-free
consultation.
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Tier 2 Workers visas are formal work permits granted by employers under the authority of the UK Home Office. Also referred to as the sponsor, the employer must be licensed to offer Tier 2 General visas and do so in accordance with strict immigration rules and regulations. Completing a Tier 2 General visa initial application […]
Tier 1 Entrepreneur visas can be extended where the applicant meets several key requirements outlined in UK business immigration legislation. Along with fulfilling all necessary requirements to qualify for a Tier 1 Entrepreneur visa, they must also create jobs in the United Kingdom, invest a certain amount of money in their business activities and reside […]
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We are still open for business
Covid-19 business update: We are still open for business
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
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Application process and deadline dates for EU Settlement Scheme
Travelling to the EU – What you need to do to travel to Europe from 2021
Continue living and working in the EU – What you need to do to stay in the UK
Other
Call us to discuss about:
Writing a Will: Considerations in Times of Crisis – read more
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What to do when someone has died?
Guidance for visa applicants in the UK and abroad
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Covid-19 business update: We are still open for business
We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.
We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.
Learn more about our exclusive services we offer to businesses impacted by Covid-19:
In order to be eligible for the offers, you must instruct us using
the same email address used during the sign- up for the newsletters.
The email address must remain the same and used to liaise until the matter closure.
You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
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