Tier 1 Entrepreneur guidance

Eligibility Requirements

You can apply under the Entrepreneur category if you:

• Have access and intend to invest at least £200,000 or £50,000 see below* into a new business or an existing business

• Can meet the English Language requirement

• Prove you have additional funds to meet the maintenance requirement

• Pass the genuine test

The rules above are fairly straightforward, you either have the funds and can speak English. If you don’t, there is no point applying as it’s an immediate fail………..however can you pass the genuine test?

The Tier 1 (Entrepreneur) visa has been available for many years and when the Points Based System (PBS) was introduced in 2008, the Home Office stated that one of their objectives was to make our immigration rules objective.

This objectivity appears to have evaporated and all Tier 1 Entrepreneur applicants must now also demonstrate that they and their business intentions pass the Genuine Test.

The Genuine Test

You must be able to demonstrate to the Entry Clearance Officer or a Home Office Official if applying in-country that you have a genuine intention and ability to establish or invest in a business.

How do you establish that you are legit?

UKVI has advised that they expect applicants to submit business plans, CV, portfolio of previous business, website ideas for the new business, qualifications, ideas for where the business will be located, how the funds will be invested, when will you employ people, references from prospective customers, business angels etc etc etc …………….

Interview

Additionally, once you have submitted your application, you will be interviewed in connection with your application.

For those with long memories this is exactly the same requirement that was in operation pre 2008. We can only hope that on this occasion the UKVI have given lots of training to their Officials as we’ve sat in some very strange interviews, where it was immediately evident that the person interviewing our clients did not have the foggiest idea of what to ask……………maybe the Home Office have made watching Alan Sugar on The Apprentice compulsory viewing!

Below are the rest of the requirements.

If you would like assist with your application, please contact us. Anne Morris, our Principal has drafted numerous applications since she began working in immigration law 20yrs ago and is more than capable of working with you to ensure that you pass the Genuine Test.

Funds

The money to support your application can be money made available by one or more people known as third parties who may include family members as well as other investors or corporate bodies.

You must show that you have at least £200,000 (or £50,000 if in the last grant of leave you were awarded points for funds of £50,000 from one or more venture capital funds regulated by the FSA; one or more UK entrepreneurial seed funding competition; or one or more UK Government departments).

What type of business

You can establish or invest in any type of business except residential accommodation, property development or property management, or be in the form of a directors loan unless it is unsecured and is unsubordinated in favour of a third party creditor.

How do I apply?

You must score 95 points as follows;

75 points – Attributes

10 points – English Language

10 points – Maintenance

Additionally, your application will be reviewed by the Entry Clearance Officer who will decide if you pass the “genuine test”.

Attributes

You must score 75 points as follows;

• 25 points is awarded for proving you have access to at least £200,000 (GBP)

• 25 points is awarded if the money is held in a regulated financial institution

• 25 points for proving that the money is disposable in the UK

English Language

You must score 10 points by demonstrating one of the following;

• You are is from a majority English-speaking country; or

• You have passed a recognised English-language test; or

• You have done a UK degree or above (or equivalent)

Maintenance (10)

You must score 10 points by demonstrating that you have sufficient funds to cover you and any dependents for at least 90 days on arrival in the UK.

If you would like any further information, please contact us.