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Extension/Renewal Of Tier 1 Entrepreneur Visa UK

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Extension/Renewal Of Tier 1 Entrepreneur Visa UK

 

You can apply for extension of your Tier 1 Entrepreneur visa if you have invested the required funds for investment and created at least 2 jobs for settled workers for 12 months in your business.

Despite closure of the Tier 1 Entrepreneur visa route, existing Tier 1 (Entrepreneur) migrants can submit applications to extend their Tier 1 Entrepreneur visa before 6 April 2023. If you switched from Tier 1 (Graduate Entrepreneur) to Tier 1 Entrepreneur visa, you can extend your Tier 1 Entrepreneur visa before 6 July 2025.

Our Tier 1 Entrepreneur visa solicitors are specialists for providing expert legal advice and representations for extension of Tier 1 Entrepreneur visa. As specialist Tier 1 Entrepreneur visa solicitors, we have wealth of knowledge and experience in dealing with applications for renewal of 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 renewal of Tier 1 Entrepreneur visa.

How To Apply For Tier 1 Entrepreneur Visa Extension?

You can apply for Tier 1 Entrepreneur extension by completing an online application form for extension of Tier 1 Entrepreneur. An application for Tier 1 Entrepreneur visa can only be made through standard service because the Home Office UKVI does not offer Super Priority Service or Priority Service for renewal of Tier 1 Entrepreneur visa. An application for Tier 1 Entrepreneur visa extension is normally processed by the Home Office UKVI in 3 to 6 months time. It is also possible to apply for Tier 1 Entrepreneur extension from outside the UK and a priority service can be used for such out of country application whereby decision on the application may be made within 5 working days. As a result of successful application for Tier 1 Entrepreneur visa, the applicant will be granted 2 years further leave to remain as Tier 1 Entrepreneur.

Eligibility Requirements For Extension/Renewal Of Tier 1 Entrepreneur Visa?

You can apply to extend or renew your Tier 1 Entrepreneur visa if you:

  • registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 (Entrepreneur) visa
  • can prove you’ve been self-employed, a member of a partnership or working as a director of a business 3 months before you apply
  • created at least 2 full time jobs that have existed for at least 12 months
  • can continue to support yourself

You must also have invested into 1 or more UK businesses either:

  • £200,000 in cash
  • £50,000 in cash

The amount of investment depends on the level of funds your initial application was based on.

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

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 extension of Tier 1 Entrepreneur visa. The breakdown of the required points for Tier 1 Entrepreneur visa extension is given in the table below:

Criterion Points
The applicant has invested, or had invested on their behalf, not less than £200,000 (or £50,000 if, in their last grant of leave, they were awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. 20
Within 6 months of entry clearance, leave to enter or leave to remain as Tier 1 Entrepreneur, the applicant has registered with:

  • HM Revenue and Customs (HMRC) as self-employed
  • Companies House as a director of a new or an existing company or a member of a new or existing partnership
20
On a date no earlier than 3 months before the date of application, the applicant was registered with:

  • HMRC as self-employed
  • Companies House as a director of a new or an existing company or member of a new or an existing partnership
15
The applicant has:

  • Established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for persons settled in the UK
  • taken over or joined an existing business or businesses and their services or investment have resulted in a net increase in the Employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full-time jobs

The jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.

20
Funds for maintenance 10
English language 10
Total Points 95

Investment Of Funds In The UK Business

  • For Tier 1 Entrepreneur visa extension, it is important that you must have invested into 1 or more UK businesses either:
    • £200,000 in cash
    • £50,000 in cash

    The amount of investment depends on the level of funds your initial application was based on.

    Invested or spent by the applicant’s business excludes spending on all of the following:

    • their own remuneration
    • buying the business from a previous owner, where the money ultimately goes to that previous owner, rather than into the business being purchased, this applies:
      • irrespective of whether invested funds are received or held directly or indirectly by that previous owner
      • regardless of whether the money is channelled through the business on its way to the previous owner, for example, by means of the applicant or business purchasing ‘goodwill’ or other assets which were previously part of the business
    • investing in businesses (other than those the migrant is running as self-employed or as a director)
    • any spending which is not directly for the purpose of establishing or running their own business or businesses

Job Creation

To succeed in an application for Tier 1 Entrepreneur visa extension, the applicant must show that he has created at least 2 new jobs. If the applicant established a new business or businesses or invested in an existing business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK. Each job must have existed for at least 12 months. Both team members of an entrepreneurial team can use the same evidence for creating employment.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period). The jobs need not exist at the date of application, provided they have existed for 12 months.

The jobs must comply with the UK regulations, including the working time directive. The Home Office defines full-time as a 30-hour working week.

Genuine Entrepreneur Test For Tier 1 Entrepreneur Extension Application

Migrants making an extension application are subject to a genuine entrepreneur test.

To meet the requirements of genuine Entrepreneur test, Home Office UKVI must be satisfied that the migrant:

  • has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business
  • has genuinely invested the required investment funds into one or more genuine businesses in the UK
  • intends to continue operating one or more businesses in the UK
  • does not intend to take employment other than under the terms of paragraph 245DE

For genuine Entrepreneur test, the Home Office UKVI will take into account the following:

  • the evidence submitted by the applicant;
  • the viability and credibility of the source of funds for investment;
  • the credibility of the financial accounts of the applicant’s business or businesses;
  • the credibility of the applicant’s business activity in the UK;
  • the credibility of the job creation for which the applicant is claiming points if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained;
  • any other relevant information.

How Can We Help?

We can legally represent you in your application for extension of Tier 1 Entrepreneur visa and carry out all the work on your application until decision is made by the Home Office UKVI on your Tier 1 Entrepreneur visa extension application. Our work will include the following:

  • Assessing your eligibility for extension of your Tier 1 Entrepreneur visa;
  • Advising you on the relevant requirements, documents, procedures and costs involved in the extension application;
  • Assessing the documents provided by you to be submitted in support of the Tier 1 Entrepreneur visa extension application and advising you on the same;
  • Providing you with the templates of the appropriate documents to be submitted in support of the application e.g. letter from the Accountant, Director’s loan agreement, etc.
  • Completing the online application and submitting your extension application online;
  • Booking your appointment with the UKVCAS Sopra Steria Centre for verification of documents and enrolment of your biometrics;
  • Preparing a detailed cover letter in support of your application explaining how the relevant legal requirements are being satisfied in the light of the documents being submitted with the extension application;
  • Uploading all the supporting documents to the UKVCAS online portal;
  • Dealing with any enquiries received from the Home Office UKVI while the extension application is pending with the Home Office UKVI;
  • Doing all the follow up work on the extension application until decision on your application is received from the Home Office UKVI.

Our Fixed Fees For Extension/Renewal Of Tier 1 Entrepreneur Visa

Our fixed fees for extension / renewal of Tier 1 Entrepreneur visa from inside the UK are as given in the fee table below:

Our Service Our Fixed Fees Range
Full service for extension of Tier 1 Entrepreneur visa from inside the UK to cover all the work until decision by the Home Office, UKVI From £2,000 + VAT To £3,500 + VAT

The agreed fixed fee will depend on the complexity of the application for extension of Tier 1 Entrepreneur visa and the volume of casework involved in the application. In addition to our fixed fee for extension of Tier 1 Entrepreneur visa from inside the UK, the applicant also has to pay the Home office UKVI fees for the application.

Amir Naviwala

Written By & Proof Read By

Amir Naviwala

Managing Director – Sunrise Solicitors UK

Mr Amir Naviwala is a specialist solicitor with immense experience for the last 30 years of practising UK Law. He is the owner and Managing Director of Sunrise Solicitors Limited trading under the name of Sunrise Solicitors.

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