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If you wish to set up a business or businesses in the UK then you can apply to enter or remain in the UK as a Tier 1 (Entrepreneur) Migrant. Our immigration barristers & lawyers can assist you with visa applications and visa appeals in the Tier 1 (Entrepreneur) visa category. The legal requirements for immigration applications for an entrepreneur visa are set out below.

INITIAL APPLICATIONS

If you are applying to enter the UK or to switch from another category, you must show that you have access to:

• £200,000; or
• £50,000 if it is provided by the UK government, a registered venture capital firm or a UK entrepreneurial seed funding competition; or
• £50,000 if you are currently in the UK as a Tier 1 (Graduate Entrepreneur) Migrant or as a Tier 1 (Post Study Work) Migrant.

You can rely on your own money, money held in the financial accounts of a UK incorporated business of which you are the director, or money held in any third money or parties' account as long as they confirm that it is available to you for investment in a business. You and one other person can apply together as an ‘entrepreneurial team’ as long as you both have equal access to the money.

You must also show that you meet the following requirements:

• The money is held in a regulated financial institution such as a bank or building society; and

• The money can be spent in the UK; and

• The money is genuinely available to you, and will remain available to you until such time as it is spent by your business or businesses; and

• You intend and are able to establish, take over or become a director of one or more businesses in the UK within the next six months after your leave to enter is granted; and

• You genuinely intend to invest your funds in the above business or businesses; and

• You are competent in the English language to the required standard (equivalent to IELTS 4.0 in reading, writing, listening and speaking); and

• You have enough additional money to support yourself without relying on public funds; and

• If you have been in the UK as a student in the last year, and you were entirely sponsored by a government or international scholarship agency, they consent to you making the application;

• If you are currently in the UK as a Tier 1 (Post Study Work) Migrant, you are registered as self-employed or as the director of a business, and you are working in an occupation at National Qualifications Framework level 4.

The following factors may be taken into account when assessing whether or not you are a genuine entrepreneur:

(a) the evidence the you have submitted;

(b) the viability and credibility of the source of your money;

(c) the viability and credibility of your business plans and market research into your chosen business sector;

(d) your previous educational and business experience (or lack thereof);

(e) your immigration history and previous activity in the UK;

(f) any other relevant information.

The UK Border Agency reserves the right to request additional information and evidence to support the above assessment. If the UK Border Agency is not satisfied with the genuineness of the application, then your application is likely to be refused.

EXTENSION APPLICATIONS

If you are already in the UK as a Tier 1 (Entrepreneur) Migrant, and you wish to stay longer, then you will need to show that you meet the following requirements:

•You have invested at least £200,000 or £50,000 (if it has been provided by one of the sources listed above) in a business or businesses in the UK; and

• The money is genuinely available to you, and will remain available to you until such time as it is spent by your business or businesses; and

• You intend and are able to establish, take over or become a director of one or more businesses in the UK within the next six months after you leave to remain is granted; or have established, taken over or become a director of one or more businesses in the UK and continue to operate that business or businesses; and

• You genuinely intend to invest your funds in the above business or businesses; and

•You have registered as a business director or a self-employed person; and

•You are engaged in business activity; and

•You have created at least two full-time jobs for people who are British or have indefinite leave to remain, and these jobs have existed for at least a year; and

•You speak English to the required standard; and

•You have enough additional money to support yourself without relying on public funds.

The following factors may be taken into account when assessing whether or not you are a genuine entrepreneur:

(a) the evidence the you have submitted;

(b) the viability and credibility of the source of your money;

(c) the viability and credibility of your business plans and market research into your chosen business sector;

(d) your previous educational and business experience (or lack thereof);

(e) your immigration history and previous activity in the UK;

(f) where you have already registered in the UK as self-employed or as the director of a business, and the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained (only applicable for leave to remain applications); and

(g) any other relevant information.

Your spouse, civil partner, unmarried partner and / or children may also be able to apply as your dependents.
 
The UK Border Agency changes the requirements of the Points Based System regularly and if you are refused leave to remain under the Points Based System and you appeal, you will only be able to rely on evidence that you submitted with your original application; you cannot introduce new evidence. It is therefore important that any application for a Tier 1 (Entrepreneur) visa is prepared carefully.

ENTREPRENEUR TEST PREPARATION

If you are an individual seeking to enter, or remain in, the UK under the Tier 1 (Entrepreneur) category, you will be required to satisfy the UK Border Agency that you genuinely intend and are able to establish, take over or become a director of one or more businesses in the UK within the next six months. As an applicant for a Tier 1 (Entrepreneur) visa, you will also be required to show that you genuinely intend to invest your money in one or more UK businesses.

If the UK Border Agency has any concerns regarding your Tier 1 (Entrepreneur) application, or if they simply require further information in order to assess whether you are a genuine entrepreneur, then you may be invited to attend an interview as part of the application process.  This interview is commonly referred to by applicants as ‘the entrepreneur test’.

Our Entrepreneur interview preparation sessions are designed to provide you with an opportunity to practise responses to a range of interview questions in accordance with the UK Border Agency’s assessment and to receive constructive feedback in order to prepare and equip you for a successful interview.   Each session lasts 1 hour and can be conducted in English, Mandarin or Cantonese.

Our Entrepreneur interview preparation sessions include:

• One-to-one interview practice – you will be questioned about your business plan, work and business experience and qualifications in relation to your chosen business sector;
• Assessment as to whether the information provided by you matches the information that is set out in your business plan and any relevant documentary evidence ;
• Constructive feedback on all aspects of your performance in the interview such as your general interview technique and the strength of your answers for any specified questions;
• Advice and tips on further preparation and how to improve on any weak areas;
• Time for you to ask additional questions and/or address any other concerns that you have about the interview.

You should not regard the entrepreneur interview as a test as such, but rather as an opportunity to demonstrate that you are both able and genuinely intend to establish a business in the UK.  However,  an applicant who is well prepared for the interview is likely to more easily persuade the UKBA that their application is credible and that they satisfy the genuine entrepreneur requirement of the Immigration Rules.

CONTACT US

For advice and assistance with a Tier 1 (Entrepreneur) visa application or appeal, call our entrepreneur visa lawyers & immigration barristers direct on 0203 617 9173 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it