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Tier 1 (Entrepreneur)

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'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence

'Durable relationships' and 'other family members' of EEA nationals: definitions and rights of entry and residence

Important notice on Brexit: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal...

Most recent Tier 1 (Entrepreneur) content

Practice notes

Children of Points-Based System and Appendix W migrants

STOP PRESS NOTICE: This Practice Note is being updated to reflect changes to the Immigration Rules in relation to children of Students from 5 October...
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6th Oct
Practice notes

Partners of Points-Based System and Appendix W migrants

STOP PRESS NOTICE: This Practice Note is being updated to reflect changes to the Immigration Rules in relation to partners of Students from 5 October...
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6th Oct
Q&As

What is the 'date of application' in respect of a Tier 1 application for leave to enter the UK?

Section 3(2) of Immigration Act 1971 provides that:‘The Secretary of State shall from time to time (and as soon as may be) lay before Parliament...
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29th Sep
Q&As

When meeting the job creation requirement under the Tier 1 (Entrepreneur) route, would a copy of an EU national’s ID card (rather than their passport) demonstrate that the employee has settled status?

In order to score points under the job creation requirement in a Tier 1 (Entrepreneur) extension application, an applicant must show that the employee...
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Produced in partnership with Nick Nason of Edgewater Legal 29th Sep
Q&As

Can a child of a points-based system migrant apply for settlement with the main applicant parent if the other parent cannot apply for indefinite leave to remain and is instead applying for an extension?

A child of a relevant points-base system (PBS) migrant can apply for settlement if they meet the requirements set out in the Immigration Rules, Part...
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28th Sep
Q&As

Where an application for indefinite leave to remain under the Tier 1 (Entrepreneur) route is refused but the requirements to be granted an extension of stay are met, is there a provision in the Rules or elsewhere that means that the applicant should be granted limited leave to remain?

A Tier 1 (Entrepreneur) migrant (the applicant) may apply for indefinite leave to remain subject to meeting the eligibility criteria listed in the...
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28th Sep
Q&As

What are the specified evidence requirements for showing a Tier 1 (Entrepreneur) applicant registered with HMRC as being self-employed within six months of entering the UK?

This is limited to apply to the Immigration Rules as in place on 7 December 2018.Tier 1 (Entrepreneurs) can choose how to set up and run their UK...
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Produced in partnership with Catherine Taroni of Richmond Chambers 28th Sep
Q&As

In relation to an extension application under the Tier 1 (Entrepreneur) category, can the investment have been changed from director's loan to share capital? Does an applicant need to provide all unaudited accounts of the business or only the last accounts?

Paragraphs 46-47 of Appendix A to the Immigration Rules (Rules) set out the requirements to the investment of funds into the relevant business or...
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Produced in partnership with Tom Brett-Young of VWV LLP 28th Sep
Q&As

For Tier 1 (Entrepreneur) extension applications, must the full £200,000 be invested, prior to making an extension application?

Under the Immigration Rules, Part 6A, para 245DD an applicant who holds leave as a Tier 1 (Entrepreneur) migrant can apply to extend their leave in...
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28th Sep
Q&As

For the purposes of meeting the five-year ‘continuous residence’ requirement for settlement under the Tier 1 (Entrepreneur) category, can an applicant rely on time spent as a Tier 1 (Graduate Entrepreneur)?

If an applicant wishes to apply for leave to remain in a different immigration category to their current grant of leave, this is known as ‘switching’....
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28th Sep
Q&As

When applying for indefinite leave to remain under the Tier 1 (Entrepreneur) category, what is the start date of the continuous period that an applicant may rely upon? Is it the date they first applied for leave under the category or the date they were first granted it?

The Immigration Rules, Part 6A, para 245DF(c) provides that ‘(t)he applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix...
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28th Sep
Q&As

Where an entrepreneurial team invests in a business via a director’s loan after 19 November 2015, is it acceptable for the transfer of funds to the business to be evidenced as a transaction on the business bank account statement of only one member of the entrepreneurial team?

Entrepreneur teams and director’s loan agreementsPrior to 19 November 2015, entrepreneur applicants were not required to evidence the transfer of...
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Produced in partnership with Gillian McCall of Richmond Chambers 28th Sep
Q&As

When making an in-country application to extend leave to remain as a Tier 1 (Entrepreneur), is it necessary to provide a VAF9 Appendix 3 form?

Please note that VAF9 Appendix 3, which was the self-assessment form used for Tier 1 (Entrepreneur) applications for entry clearance, has been...
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28th Sep
Q&As

When applying for ‘accelerated’ settlement under the Tier 1 (Entrepreneur) category: (1) what are the specified evidence requirements for a direct cash investment by a third party company (who was identified in the initial application) and (2) is there a prohibition on a major beneficiary shareholder of a UK company being registered in the British Virgin Islands (BVI)?

Evidence of third party investmentThe Tier 1 (Entrepreneur) route allows an individual with leave in this category to make a settlement application on...
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Produced in partnership with Gary McIndoe of Latitude Law 28th Sep
Q&As

Might a single absence from the UK of 14 months during the qualifying period (spent completing study abroad) be problematic in an application for indefinite leave to remain by the partner of a points-based system migrant? This relates to the requirement to have continuously cohabited with their partner in the UK for the requisite period. It does not refer to leave granted under the Immigration Rules in force on or after 11 January 2018.

The requirements for indefinite leave to remain as a partner of a points-based system (PBS) migrant are contained in paragraph 319E, Part 8 of the...
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Produced in partnership with Gillian McCall of Richmond Chambers 28th Sep
Q&As

If a points-based system (PBS) migrant switches from a Tier 2 category to Tier 1, is that person’s dependant with extant leave as a PBS dependant required to make a new PBS dependant application as a result? Does the answer differ if the PBS migrant switches into other immigration categories?

This is a Q&A about whether it is necessary for dependants to apply to switch categories at the same time as their relevant points-based system (PBS)...
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Produced in partnership with Greg Ó Ceallaigh of Garden Court Chambers 28th Sep
Q&As

What study conditions apply in the Tier 1 (Investor) and Tier 1 (Entrepreneur) categories?

Tier 1 (Investor)The immigration conditions relating to study for Tier 1 (Investor) migrants are set out in the Immigration Rules, Part 6A, para...
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28th Sep
Q&As

Is the super priority service available for a Tier 1 (Entrepreneur) migrant applying for settlement under the accelerated route? If not, what steps can be taken to expediate a decision?

UK Visas and Immigration (UKVI) guidance confirms that the super priority service is available for a Tier 1 (Entrepreneur) application for settlement,...
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Produced in partnership with Gary McIndoe of Latitude Law 28th Sep
Q&As

Can an individual apply to switch from a short-term student visa to a Tier 1 (Entrepreneur) visa, in-country?

If an applicant wishes to apply for leave to remain in a different immigration category to their current grant of leave, this is known as ‘switching’....
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28th Sep
Q&As

For the purposes of a Tier 1 (Entrepreneur) extension application, does the requirement that ‘the funds must have been invested into one or more businesses in the UK.’ also mean that they must be spent by the date of the extension application?

When considering the investment of funds requirement for Tier 1 (Entrepreneur) extension applications, the Immigration Rules, Part 6A, para...
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28th Sep

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