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Tier 1 Entrepreneurs Visa – establishing a business in the UK
If you are a businessperson and wish to establish or invest in a UK business then the Tier 1 Entrepreneur category may be for you.
You will be able to bring your spouse and children to the UK and you may eventually have the right to reside in the UK permanently and ultimately qualify for British Citizenship.
Immigration to the UK is arguably more difficult than ever. The requirements are tough, the law is complex and the rules and policies frequently change. On top of this UK Visas & Immigration has strict rules on the documentation needed to support applications. If the correct documents are not submitted in precisely the format required, the application will fail.
However for those wishing to establish or take over a business in the UK the doors are arguably more open than ever under Tier 1 (Entrepreneur) of the Points Based System. To successfully enter the United Kingdom 95 Points are needed. Lupins continue to have a successful track record for our clients.
The following is a basic overview. Please remember there is no substitute for seeking advice directly from one of our experts as every case is different and the law is constantly changing.
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Lawrence Lupin
Founding Director
Requirements
You must score 75 points for what are known as attributes as follows
- You will need access to £200,000* (25 points)
- This must be held in one or more Regulated Financial Institutions (25 points)
- The money must be disposable in the UK (25 points)
* In some cases access to £50,000 is sufficient for example:
You are in the UK and are switching from being a student, Post Study Worker, or Tier 1 (General) and wish to switch in to the Entrepreneur category, and the funds are coming from entrepreneurial seed funding competitions, UK Government Departments. Tier 1 Graduates qualify for £50,000 funding
Post Study Workers and Tier 1 (General) migrants who have been working continuously in an occupation at NQF level 4 or above, can use £50,000 from Venture Capital firms regulated by the FCA. Post Study Workers can also use third party funds
Funds Already invested in UK Business
If you have already invested the required level of funds in a UK business you can use this investment to claim 75 points for your initial application if it was made in the 12 months immediately prior to making your application.
Investments in residential accommodation , property development or management will not be considered as valid investment for this category.
Additional Requirements
English Language
You must be able to speak English to the required standard – Level B1 of the Common European Framework
10 Points
Maintenance
You must must have £3,310 held in bank or savings accounts for a continuous period of 90 days prior to the application
10 Points
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Entrepreneurial Team
You can apply as a part of an Entrepreneurial Team of up to 2 people. So if two people have access to a total of £200,000 they can apply as an Entrepreneurial Team.
Third Party Funding
Third party funding can be used for this category. You will need a declaration from the third party and a legal declaration from a legal representative.
Genuine Intention
You must demonstrate
- That you genuinely intend to establish, take over, or become a Director in one or more businesses in the UK within the next 6 months
- That you genuinely intend to invest the funds in the business
- That the funds are genuinely available
Many applications are refused because applicants have not submitted satisfactory evidence that they have the experience and qualifications to make a viable business.
It is a requirement of the Immigration Rules that you provide a Business Plan. We at Lawrence Lupin will advise and assist you so that this requirement can be fulfilled.
Extensions of stay – Settlement/Indefinite Leave
You will initially be allowed to live and work in the United Kingdom for up to 3 years and 4 months. We can assist you in extending this for a further 2 years.
When you have been in the United Kingdom for a total of 5 years, you will be eligible to apply for Indefinite Leave to Remain or Settlement. We can assist you in obtaining your Indefinite Leave.
You must have registered as either self employed with HMRC or as a Director with Companies House within 6 months of entering this route.
You must also have created a minimum of 2 full time paid jobs for at least 2 people who are settled in the UK and the jobs must have existed for at least 12 months each.
If you have created 10 jobs or generated income of £5 million, you may be able to apply for accelerated settlement after only 3 years
Once you have had Indefinite Leave for 12 months, we can assist you in applying for British Nationality.
British Citizenship
Our overriding aim, is to not only ensure that you obtain your visa to enter the UK, but also to make sure that you are in the best possible position to make a successful application for your extension of stay and ultimately settlement. Once you have been settled in the UK for 12 Months, you may be eligible to apply for Naturalisation as a British Citizen should you so wish. At LUPINS, we can also help you with your applications for British Nationality.
Documentation
Many applications are refused because the documentation submitted is not in the correct format, in accordance with the UK Visas and Immigration guidance notes. These set out in detail the requirements, which are complex, change at short notice and are followed by the UKBA to the letter.
At Lupins we will make sure that you have all the required documents in support of your application
Additional ServicesFamily members
- We will advise your family members so that they can join you when making the application or if necessary join you in the UK at a later stage.
- Assist you in establishing your business in the UK
- Assist you with Employment issues and Human Resources relating to the running of your UK business.
- Assist you in registering for VAT and Tax with HMRC and ensuring that you will be in a position to extend your stay in the U.K as an Entrepreneur.
Some call us persuasive, we call ourselves commanding. Others call us dependable, we call ourselves LUPINS.
LUPINS support you all the way:
The application is made under the Points Based System. We will assess if you qualify for necessary points.
- We will ensure that you have the documentation that proves you qualify for these points.
- We will advise and assist you in completing the application forms.
- We will hold your hands throughout the application process, liaising with the British Consulate and their appointed overseas agents.
- We will make detailed representations in support of the application setting out clearly why the application should succeed, highlighting the documentation we are submitting and how this proves you have sufficient points.
Put simply, our immigration solicitors will hold your hands throughout the process,
liaising with all relevant government bodies, including UK Visas and Immigration,
British Consulate, overseas agents and where necessary the courts.