Switching Into Tier 1 Entrepreneur Visa UK

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Switching Into Tier 1 Entrepreneur Visa UK

The Tier 1 Entrepreneur visa category has been closed by the Home Office UKVI from 30 March 2019 for initial applications and has been replaced by Innovator visa category. However, you can apply for switching into Tier 1 Entrepreneur visa UK if you are a person with Tier 1 Graduate Entrepreneur leave or someone who switched from Tier 1 Graduate Entrepreneur to Start-up visa.

Our Tier 1 Entrepreneur visa solicitors are specialists for providing expert legal advice and representations for switching into Tier 1 Entrepreneur visa from inside the UK. As specialist Tier 1 Entrepreneur visa solicitors, we have wealth of knowledge and experience in dealing with applications for switching into Tier 1 Entrepreneur visa.

Ask a question to our specialist team of Tier 1 Entrepreneur visa solicitors for free immigration advice or send a request to schedule an appointment for detailed legal advice and consultation concerning your application for switching into Tier 1 Entrepreneur visa.

Eligibility Requirements For Switching Into Tier 1 Entrepreneur Visa

If you’re already in the UK you may be able to switch to a Tier 1 (Entrepreneur) visa if:

• you’re on a Tier 1 (Graduate Entrepreneur) visa
• you switched to a Start-up visa from a Tier 1 (Graduate Entrepreneur) visa for your second year

You must meet the eligibility requirements for a Tier 1 (Entrepreneur) visa. You must have:

• £50,000 in funds to spend in the UK
• a viable business plan
  

What Is The Points Based Criteria For Switching Into Tier 1 Entrepreneur Visa?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section, English language and funds for maintenance. A Tier 1 Entrepreneur migrant should score 95 points in total to qualify for switching into Tier 1 Entrepreneur visa. The breakdown of the required points for switching into Tier 1 Entrepreneur visa is given in the table below:

Available Funds For Investment

The applicant switching into Tier 1 Entrepreneur visa must have access to available funds of investment which should be not less than £50,000 maintained in the bank account of the applicant for 90 days. If the applicant is relying on the funding from third party, the requirement to maintain the funds for 90 days does not apply.

The Home Office, UKVI may ask the applicant to demonstrate that the funds they have used to apply under Tier 1 Entrepreneur category are still available to them beyond the date of their application. The funds must continue to be available to them until the funds are invested or spent as required by the Immigration Rules.

‘Available’ means that the funds must be one of the following:

• in the applicant’s own possession
• in the financial accounts of a UK business which they are running as a member of a partnership or as a director
• available from the third party or parties named in their application (if applicable)

Home Office may check if the funds remain available to the applicant at other stages, for example, where the Immigration Tribunal has sent a case back to the Home Office for reconsideration and the evidence of funds originally provided by the applicant is significantly out of date.

Additionally, if the funds cease to be available to the applicant, this can be a ground for curtailment following the approval of a case. If the applicant relies on third party funding, the declaration from the third party must confirm the funds will remain available to the applicant until they are transferred to the applicant or to their business.

Business Plan

If the applicant is making an initial application for switching into Tier 1 Entrepreneur visa, they must provide a business plan, setting out their proposed business activities in the UK and how they expect to make their business succeed.

Entrepreneurial Team

Under the Immigration Rules, 2 applicants can apply to the Tier 1 (Entrepreneur) route by claiming points for the same investment. The applicants must:

• have equal control over the funds and the business or businesses
• be named in each other’s applications and in the specified evidence required
• The applicants must not have previously been granted leave as a Tier 1 (Entrepreneur) on the basis of investment and/or business activity with any other applicant (other than each other), if the same funds are being relied on as in a previous application.

Home Office, UKVI will accept money held in an account which the applicant has jointly with any of the people listed below, providing the money is also available to the other entrepreneurial team member. They are the applicant’s:

• husband
• wife
• civil partner
• unmarried or same-sex partner

An unmarried or same-sex partner is defined as a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least 2 years before the date of application. Money made available from third parties to the team’s business is acceptable.

Team members may enter the category at different times and apply from different locations (for example one in-country applicant and one out of country applicant). Tier 1 (Entrepreneur) migrants investing in the same business who are not part of an entrepreneurial team may not use the same evidence of job creation. If either one or both members of the entrepreneurial team is applying in the UK, they may only rely on funds located in the UK.

English Language Requirement

The applicant must have English proficiency level at level B1. Most applicants would have completed UK degree course which will satisfy the English language requirement.

Maintenance Funds

• The applicant must have at least £945;
• If a main applicant and their partner or children are applying at the same time, there must be enough maintenance funds in total, as required for all the applications, otherwise all the applications will be refused;
• The funds must have been held in the account for a consecutive 90 days;
  ending no earlier than 31 days before the date of application.

How Can We Help?

We can represent you in your application for switching into Tier 1 Entrepreneur visa from inside the UK and do all the work until a decision is made by the Home Office UKVI on your Tier 1 Entrepreneur visa application. Our work will include:

• assessing your eligibility for switching into Tier 1 Entrepreneur visa
• assessing your business plan;
• advising you on the relevant requirements, laws and procedures applicable to your application for switching into Entrepreneur visa;
• advising you on the relevant documents to be submitted in support of your application for switching into Entrepreneur visa;
• assessing the documents to be submitted in support of your application and discussing the same with you;
• advising you on the weaknesses and strengths of your application;
• completing online application form;
• submitting an online application, paying the UKVI fee for the application and Immigration Health Surcharge (IHS) on your behalf and booking an appointment with the application centre of the Sopra Steria for you to attend the application centre for the verification of the documents and enrolment of your biometrics;
• preparing a cover letter explaining in detail how all the relevant requirements of the application for switching into Entrepreneur visa are being satisfied, in particular, addressing the potential issue of the genuineness of the applicant as an Entrepreneur;
• preparing you for a possible interview with the Home Office, UKVI in relation to your application and discussing possible questions which the Home Office, UKVI may ask during the interview; and
• doing all the follow-up work on your application until a decision is received from the Home Office, UKVI.

Our Fixed Fees For Switching Into Tier 1 Entrepreneur Visa

Our fixed fees for switching into Tier 1 Entrepreneur visa from inside the UK are as given in the fee table below: