Tier 1 Entrepreneur Visas

Under this category of Tier 1, applicants may apply to migrate to the UK based on a substantial investment by starting, or assuming control of, a UK business. As with other categories of Tier 1 immigration applicants do not need to have a sponsor in place. However, applicants must still reach a specified points limit based on both general Tier 1 visa requirements as well as further criteria specific to this category.

Tier 1 visas are set apart from the other four tiers as applicants do not need to receive a certificate of sponsorship from a UK business, college, or another qualifying establishment. Tier 1 visas directly replace the previous Highly Skilled Migrants Programme (HSMP) and allow successful candidate to live and work in the UK without a sponsor. However, as Tier 1 is designed to attract the most talented and highly skilled non-EEA citizens to benefit the UK economy certain pre-requisites need to be satisfied.

English language ability

Except for the Investors category, proficiency in the English Language is an important factor throughout Tier 1 visas. The Language requirement requires a pass mark of ten and candidates must be able to demonstrate the following.

  1. Have passed a test in the English equivalent to level C1 of the Council of Europe?s Common European Framework for Language Learning (equivalent to a grade C or above at GCSE level), OR;
  2. Come from a majority English speaking country (Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the USA), OR;
  3. Have completed a degree taught in English which, if gained from outside the UK, must be verified by NARIC (National Academic Recognition Information Centre data).

Maintenance

The maintenance requirement applies to all categories of a UK Tier 1 visa without exception. A candidate migrating to the UK must be able to support themselves financially and must be able to support any dependants who might accompany them. Like the English Language requirement, this criterion has a pass mark of ten which must be satisfied in order for an application to proceed.

The main applicant must evidence £2,800 of savings at their disposal; for the first dependant the required amount is 2/3 of the sum of the main applicant. Any dependants thereafter require 1/3.

Funds

The essential requirements for an applicant under this category are substantial funds devoted for investment in the UK, and evidence that the applicant will be assuming control of a UK business. 75 points must be achieved for a successful application by satisfying the following requirements:

  • They must have access to £200,000 - 25 points
  • This sum must be held in a regulated bank account - 25 points
  • The money must be disposable in the UK - 25 points

It is important to note that those candidates applying for a Tier 1 visa cannot undertake employment in the UK, and neither can they seek to do so. This type of UK visa is expressly issued to those who will be starting or assuming control of a British based business. Applicants may start their own business, join an existing one, or take over an established UK enterprise, however applicants cannot seek employment as a General category Tier 1 visa holder would do.

Extending a tier 1 visa

UK Visas for Tier 1 immigration can be extended if required for an applicant applying under any category except for those applying under the Post-Study Work category. This particular subdivision is issued as a bridging measure and is granted for a period of 2 years. The other Tier 1 visas are all granted for three years and can each be extended for a further two years where needed.

The criteria for applying for a UK visa extension differ depending on the category; through the entrepreneur pathway there is a marked difference between the criteria for initial application and those for an extension:

  • Applicants must have invested, or must have had invested on their behalf, £200,000 in a UK business. This investment cannot include the value of residential property and neither can it be constituted of a director?s loan.
  • Applicants must have registered with the HMRC as a self-employed person within three months, registered a new UK business with the applicant as a director, or registered as a director of an existing UK enterprise.
  • At the time of the extension application, the candidate must be engaged in activity within this business.

Employment requirements

Applications for visa extensions for Tier 1 Entrepreneur Visa holders must be able to sufficiently demonstrate positions of employment which have been created for people with UK settled status. In the case of new businesses, an aggregate of 2 positions (full time or equivalent) must have been created each lasting for at least one year. Where applicants have assumed control of a UK business, their investment and presence in the company must have created 2 positions similar to those outlined above.

At the stage of applying for a visa extension no further English Language ability or financial self-sufficiency requirements will be imposed in addition to those already satisfied at the time of the initial application.

Switching into a tier 1 visa

Applicants may switch to another category of Tier 1 visa if they can meet the requirements of the category in which they wish to switch. However, whilst Post-Study Work category visa holders can switch into any other category, it is not possible to switch into the Post-Study Work category from another. It will also be possible for holders of Tier 2 and Tier 4 student visas, once these aspects of the Points Based System are in place, to switch into Tier 1. However, switching into Tier 1 will not be permitted for holders of Tier 3 Visas, Tier 5 Visas or Working Holidaymaker Visas.