Extension Of Tier 1 Entrepreneur Visa UK

• Page Contents
• Overview
• Requirements For Extension
• Points Table For Extension
• Investment Of Funds
• Creation Of Two Jobs
• Applying As Entrepreneurial Team
• Genuine Entrepreneur Test
• Coronavirus Temporary Extension
• How Can We Help?
• Our Fixed Fees

You can apply for extension of your Tier 1 Entrepreneur visa if you are already in the UK on Tier 1 Entrepreneur visa and do not qualify for ILR as a Tier 1 Entrepreneur visa yet. You must apply for extension of your Tier 1 Entrepreneur visa within 28 days before the expiry of your current leave to remain as a Tier 1 Entrepreneur migrant. An application for Tier 1 Entrepreneur visa can only be submitted through Standard Service as the Home Office UKVI do not offer Priority or Super Priority Service for Tier 1 Entrepreneur visa extension application. An application for extension of Tier 1 Entrepreneur visa is normally decided by the Home Office UKVI within 3 to 6 months.

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.

An applicant applying for extension of Tier 1 Entrepreneur visa must have invested the required funds [either £50,000 or £200,000] and created at least 2 jobs in the applicant's UK business for settled workers for 12 months.

Our specialist team of work visa solicitors and lawyers in London can provide expert immigration advice and legal representations on fixed fee basis concerning your application for extension of Tier 1 Entrepreneur visa. Ask a question to our specialist team of work visa solicitors for free immigration advice online or book an appointment online for detailed immigration advice with our specialist work visa solicitors for your application for extension of Tier 1 Entrepreneur visa.

Requirements For Extension Of Tier 1 Entrepreneur Visa

The applicant should meet the following requirements to be eligible for grant of extension of Tier 1 Entrepreneur visa:

Business Registration

The applicant must have registered with:

• HM Revenue & Customs (HMRC) as self-employed
• Companies House as a director of a new or an existing business or member of a new or an existing partnership

Registration as any of the above must be within 6 months of the date of any of:

• entry to the UK, if they were granted entry clearance as a Tier 1 (Entrepreneur) migrant and there is evidence to establish the date of their entry to the UK
• the grant of entry clearance, if they were granted entry clearance as a Tier 1 (Entrepreneur) migrant and there is no evidence to establish their date of entry to the UK
• the grant of leave to remain, in any other case

Registered When Applying For An Extension

The applicant must be engaged in business activity at the time of their extension application. They may change from being self-employed to being a director of a company or member of a partnership, or from director of a company or member of a partnership to self-employed, as long as they are engaging in business in the UK as one or the other. They must show they were registered on a date no earlier than 3 months directly before the date of application. They may choose which evidence to supply if they have acted in both capacities, but points are only awarded for one registration.

Evidence Of UK Business

Applicants must provide evidence to show the business they have:

• has premises in the UK
• is subject to UK taxation
• has a UK bank account

They must provide one piece of evidence for each of these requirements.

Creation of 2 Full Time Jobs For Settled Workers

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 meet the definition of settled workers in the Immigration Rules at the time their employment starts. Each job must have existed for at least 12 months.

The Home Office defines full-time as a 30-hour working week.

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. Also, read Coronavirus (COIVD-19): Temporary Extension Applications.

Investment Of Funds In The UK Business

The applicant must have invested into 1 or more UK businesses either £200,000 in cash £50,000 in cash. The amount depends on the level of funds your initial application was based on. If they have moved on to other activities and are no longer involved in the business they initially invested in, they must still provide this evidence to show the full amount invested.

If their initial application was as part of an entrepreneurial team, both team members can use the same evidence for investment.

The amount of money invested must not:

• include the value of any residential accommodation
• be a director’s loan, unless it is unsecured and is subordinated in favour of the third-party creditors: this means that the loan agreement states that any loans to third parties are to be repaid before the director's loan is repaid

If the applicant has invested by way of share capital, the business accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on their application. If the value of their share capital is not shown in the accounts, then they must supply a copy of the company’s register of members from Companies House. The accounts must clearly show the name of the accountant, the date the accounts were produced, and how much the applicant has invested in the business. The accounts must be prepared and signed off by the accountant in accordance with statutory requirements.

Funds For Maintenance

The applicant must have the required funds for maintenance to support himself and any dependants in the UK without recourse to public funds.

English Language Requirement

The applicant must meet the English language requirement for extension of Tier 1 Entrepreneur visa. The applicants would normally meet this requirement due to the fact that they met the English language requirement at the time of intial application for Tier 1 Entrepreneur visa.

Points Table For Extension Of 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 extension of Tier 1 Entrepreneur visa. The breakdown of the required points for Tier 1 Entrepreneur visa extension is given in the points table below:

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 Requirement

To succeed in an application for Tier 1 Entrepreneur visa extension, the applicant must show that he has created at least 2 new jobs for settled workers in his/her UK business. 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.

Applying As Entrepreneur Team

Two applicants can claim points for the same investment and business activity if they name each other on their application forms and documents. The money for investment can be shared by
a team of up to 2 entrepreneurs. Each member of the team may work in the UK as a Tier 1 (Entrepreneur) using the same investment funds. A maximum of 2 people in an entrepreneurial team
are allowed. Neither applicant must have used the same funds with any other applicant. Tier 1 (Entrepreneur) migrants who invest in the same business and are not part of an entrepreneurial team may not use the same evidence of job creation.

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.

Coronavirus (COVID-19): Temporary Extension Applications

A Tier 1 Entrepreneur can apply for a one-time temporary extension of leave, as a result of his/her business being disrupted by the Coronavirus (COVID-19) pandemic. If an applicant has not been able to employ staff for 12 months by the time their visa expires, he/she will be allowed to extend his/her stay for a further 2 years.

The applicant can apply for Coronavirus (Covid-19) temporary extension of Tier 1 Entrepreneur visa if:

• the applicant can evidence that he/she has created at least 2 jobs for settled workers at the point they make the application
• the applicant has been unable to meet the normal requirement due to the impact of the pandemic.

Temporary extension applications must be processed in line with standard extension applications, and applicants are expected to meet the financial requirements and score the related attribute points, with an exception for job creation.

In order to qualify for ILR as a Tier 1 Entrepreneur, applicants who benefit from the Coronavirus (Covid-19) temporary extension will be required to demonstrate that they have created 2 full time jobs for the 12 month period in addition to the existing job creation requirement for settlement. For example where they are relying on having created 2 full time jobs for settled workers that existed in 12 months during their most recent grant of leave, they will also be required to show that 2 full time jobs existed for an additional 12 months, these can be the same jobs, providing they meet the requirement of existing for at least a further 12 months.

How Can We Help?

Our specialist team of work visa solicitors and lawyers can provide expert immigration advice and legally represent you in your application for extension of Tier 1 Entrepreneur visa to 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. The immigration casework to be carried by our specialist team of work visa solicitors will entail the following:

• Our work visa solicitors will assess your eligibility for extension of your Tier 1 Entrepreneur visa;
• Our work visa solicitors will advise you on the relevant requirements, documents, procedures and costs involved in the extension application;
• Our work visa solicitors will assess the documents provided by you to be submitted in support of the Tier 1 Entrepreneur visa extension application and advising you on the same;
• Our work visa solicitors will provide 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.
• Our work visa solicitors will complete the online application and submitting your extension application online;
• Our work visa solicitors will booking your appointment with the UKVCAS Sopra Steria Centre for verification of documents and enrolment of your biometrics;
• Our work visa solicitors will prepare 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;
• Our work visa solicitors will upload all the supporting documents to the UKVCAS online portal;
• Our work visa solicitors will deal with any enquiries received from the Home Office UKVI while the extension application is pending with the Home Office UKVI;
• Our work visa solicitors will carry out 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 Tier 1 Entrepreneur Visa Applications