Entrepreneur Visa Extension

What does the Tier 1 Entrepreneur Visa entail?

The Entrepreneur Visa Extension is no longer open for new applications; however, there are viable alternatives. For overseas entrepreneurs contemplating establishing a business in the UK, the recommended options are either the recently introduced Start-up Visa or the Innovator Visa. If you currently possess a Tier 1 Entrepreneur Visa, the deadline for extending it is April 6, 2023.

The Tier 1 Entrepreneur Visa was crafted for international entrepreneurs looking to invest in or establish and manage a business (or businesses) in the UK, operating as a sole trader, in partnership, or through a UK-registered company. To qualify, applicants were required to demonstrate cash funds of at least £200,000, and there was a Graduate Entrepreneur route necessitating a capital of £50,000.

Under the Tier 1 Entrepreneur Visa, individuals could:

• Reside in the UK
  • Live in the UK as a participant in a business venture for an initial period of 3 years and 4 months.
• Extend the Visa
  • Extend the visa beyond the initial period.
• Bring Dependent Family to the UK
  • Bring dependent family members to the UK.
• Achieve Accelerated Indefinite Leave to Remain
  • Attain accelerated Indefinite Leave to Remain after just 3 years, contingent upon the creation of 10 or more full-time jobs or a business income of £5 million or more.

For further guidance on your visa situation, including extension or exploring alternative options, please contact our immigration solicitors at +44 (0) 1293 522 275.

Renewing Your Tier 1 Entrepreneur Visa

Should you presently possess leave to remain as a Tier 1 Entrepreneur migrant, there exists the opportunity to pursue a Tier 1 Entrepreneur visa extension in the later stages of your initial visa term.

It is imperative to note that, during your initial tenure as a Tier 1 Entrepreneur migrant, fulfilling the stipulated conditions, including job creation and the requisite investment, is crucial. Typically granted for 3 years and 4 months, the Tier 1 UK Entrepreneur visa’s initial term concludes with the option for applicants to seek a Tier 1 Entrepreneur visa extension, thereby prolonging their leave to remain.

If you find yourself approaching the conclusion of your initial Tier 1 Entrepreneur visa and wish to explore extension possibilities, our experienced team is at your service. Contact us at +44 (0) 1293 522 275 for personalised assistance.

Who Qualifies for a Tier 1 Entrepreneur Visa Extension?

You are eligible to apply for an extension of your Tier 1 UK Entrepreneur Visa if you meet the following criteria:

• Investment Criteria:
  • Have invested either £200,000 or £50,000 into one or more UK businesses, the specific amount depending on the commitment declared at the time of your initial application.
• Registration Timeline:
  • Registered as a director or self-employed within six months of the precise date you were granted your Tier 1 Entrepreneur visa to enter the UK.
• Documentation of Engagement:
  • Possess evidence demonstrating your self-employment, partnership membership, or directorial role within a UK business within three months of applying for the extension.
• Job Creation Responsibility:
  • Played a key role in creating a minimum of two full-time jobs, sustained for at least one full year. It is imperative that the jobs you generate adhere to all relevant UK employment laws regarding working hours and minimum wages.
• Financial Self-Support:
  • Demonstrate your ability to continue financially supporting yourself.

Tier 1 Entrepreneur Extension Application Deadline

As per the prevailing immigration regulations, individuals who did not possess a Tier 1 Graduate Entrepreneur visa prior to obtaining a Tier 1 Entrepreneur visa are required to submit their extension applications by the 6th of April 2023.

However, if you previously held a Tier 1 Graduate Entrepreneur visa and subsequently transitioned to a Tier 1 Entrepreneur visa, the deadline for your extension application extends to the 6th of July 2025.

Eligibility Criteria for Extending Your Tier 1 Entrepreneur Visa

To secure an extension for your Tier 1 Entrepreneur Visa, it is imperative to fulfil the following prerequisites:

• Timely Registration:
  • You must have registered as a director or self-employed in a UK business within six months of being granted your Tier 1 Entrepreneur visa.
• Ongoing Registration:
  • Continuous registration as a business director or self-employed within three months of submitting your extension application.
• Investment Commitment:
  • Demonstrate that you have invested the declared funds (either a minimum of £200,000 or £50,000) in a UK business as specified in your initial application.
• Job Creation Responsibility:
  • Successfully generated at least two full-time jobs for individuals settled in the UK. These positions must have been in existence for a minimum of 12 months.
• Business Involvement:
  • Establishment, acquisition, or directorship in a UK business, actively managing and intending to sustain the business operations.
• English Language Proficiency:
  • Meet the English language requirements, attaining at least CEFR Level B1 in reading, writing, listening, and speaking.
• Financial Independence:
  • Possess adequate funds to support yourself without reliance on public funds.

For a comprehensive assessment of your eligibility and to explore the full requirements for extending your Tier 1 Entrepreneur visa, consult with one of our expert business visa solicitors today at +44 (0) 1293 522 275.

Required Documentation for Extending Your Tier 1 Entrepreneur Visa

The specific supporting documents necessary for your Tier 1 Entrepreneur Visa Extension will vary based on your individual circumstances. Among the documents that may be requested, include:

• Business Registration:
  • Evidence of your registration with HM Revenue & Customs (HMRC) as self-employed, or with Companies House as a director of a UK company, or as a member of a UK partnership.
• Investment Confirmation:
  • Documentation verifying your specified investment, which can take the form of:
    • Audited business accounts.
    • Unaudited accounts with an account’s compilation report.
    • Directors’ loan agreement, required if your business was funded by a directors’ loan.
• Employment Details:
  • Details of employment, including start date, job title, job description, hours paid per pay period, and the hourly rate for settled workers.
• Payroll Compliance:
  • Employee payslips indicating the number of employees and their respective remuneration. This should include printouts of Real Time-Full Payment Submissions, demonstrating compliance with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs.

Tier 1 Entrepreneur Visa Extension Application Fees

The fee for applying for a Tier 1 Entrepreneur Visa Extension in the UK is £1,277. Additionally, there is a charge of £19.20 for the collection of your biometric information, including fingerprints and a photo. When submitting your extension application, you are also required to pay the healthcare surcharge, which amounts to £624 per person per year.

Tier 1 Entrepreneur Visa Extension Procedure

To successfully extend your Tier 1 Entrepreneur Visa, it is crucial to initiate the process before the expiration of your current visa. Follow these comprehensive steps for a seamless extension:

• Online Application Form:
  • Complete the online Tier 1 Entrepreneur form, specifically designed for the extension process.
• Payment Process:
  • Pay the required fees, encompassing the application fee, biometric fee, and healthcare surcharge.
• Document Submission:
  • Upload all necessary documents as per the specified requirements.
• Biometric Information Submission:
  • Schedule an appointment at a UK Visa and Citizenship Application Services (UKVCAS) service point to provide your biometric information, including fingerprints and a digital photograph. Alternatively, you can choose to submit your supporting documents to UKVCAS, who will then upload them to your application.
• Continued Business Operations:
  • While your application is under processing, you retain the ability to stay in the UK and continue operating your business without any restrictions.
• Travel Considerations:
  • It is imperative to refrain from travelling outside the UK, Ireland, the Channel Islands, or the Isle of Man during the application processing period.
• Processing Duration:
  • Tier 1 Entrepreneur visa extension applications typically take around 8 weeks. In certain cases, additional documents may be requested, or an interview may be required, extending the processing duration.

Can Your Dependants Seek a Visa Extension Simultaneously?

Yes, your dependant family members have the option to apply for a visa extension concurrently. They will be required to submit their individual visa extension applications.

Moreover, you must produce evidence that you possess an additional £945 for each family member accompanying you in the UK. The application fee for family members amounts to £1,277 each, along with a biometric fee of £19.20 and the healthcare surcharge (£624 per year per adult and £470 for children).

Our team of specialised business visa solicitors can assist in preparing applications for both you and your family members. Connect with our team today at +44 (0) 1293 522 275 for expert guidance.

Applying for ILR After Tier 1 Entrepreneur Extension

If you have successfully created 10 or more full-time jobs or attained a business income of £5 million or more, you qualify for Indefinite Leave to Remain (ILR) after just 3 years. For those not on the accelerated route, the waiting period extends to 5 years. This implies that upon securing an extension of your entrepreneur visa and having resided in the UK for 5 years (from the initiation of your first entrepreneur visa), you can apply for ILR. Acquiring ILR allows permanent residency in the UK, and after 1 year, you can apply for British citizenship.

To ensure compliance with Home Office regulations for Entrepreneur visa holders, it is crucial to apply for settlement before the specified deadlines. According to the new rules, individuals without a Tier 1 (Graduate Entrepreneur) visa before obtaining a Tier 1 (Entrepreneur) visa must apply for ILR by 6th April 2025. Those who held a Tier 1 (Graduate Entrepreneur) visa before transitioning to a Tier 1 (Entrepreneur) visa have until 6th July 2027 to apply for ILR.

Reasons for Tier 1 Entrepreneur Visa Extension Refusal

Entrepreneur extension applications may face rejection due to various factors, including:

• Insufficient Investment:
  • Failure to invest the required funds.
• Lack of Genuine Intent:
  • Doubts regarding the applicant’s genuine intention to continue business operations.
• Inadequate Job Creation:
  • Not meeting the criteria for generating a sufficient number of jobs.
• Concerns about Conduct:
  • Issues related to the applicant’s conduct, character, associations, or other factors deemed inconducive to the public good.
• Criminal Record:
  • Presence of a criminal record, with implications depending on the type, duration, and recency of the sentence.
• False Information:
  • Providing false information on the application.
• Past Immigration Rule Breaches:
  • Previous violations of immigration rules.

In case of refusal, options include an administrative review within 28 days or, in rare circumstances, a judicial review. Alternatively, submitting a fresh application or applying for a different visa may be considered.

Our experienced team can assess your refusal and guide you on the best course of action, ensuring a swift and positive resolution. Connect with our business immigration solicitors today at +44 (0) 1293 522 275.