BUSINESS PLANNING


TIER 1 EXTENSIONS & INDEFINITE LEAVE TO REMAIN (ILTR)

The Tier 1 Entrepreneur visa route closed to new applicants on 29 March 2019.


However, if you entered the category prior to this date, a Tier 1 Entrepreneur visa extension application is still a requirement.


We emphasise the importance of ensuring that a Tier 1 Entrepreneur visa extension application is supported by the right documents, in the right format.


Tier 1 Extensions


All Tier 1 (Entrepreneur) visa holders seeking to extend will also need to demonstrate that they have created two distinct, full-time positions for settled workers, each of which must have lasted for a 12 month period at the point that the extension/ILTR application is submitted.


To extend a Tier 1 Entrepreneur visa the visa holder will need to demonstrate that:


  • You registered as a business director or as self-employed within 6 months of entering the Tier 1 Entrepreneur category.
  • You are still registered as a business director or as self-employed within the 3 months prior to your date of application.
  • You have invested at least £200,000 or £50,000 (depending on the amount your initial application was based on) in a business or businesses in the UK.
  • You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months.
  • You have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business.
  • You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking).
  • You have enough additional money to support yourself without relying on public funds.


Visa holders are still able to combine two or more part-time jobs that add up to 30 hours per week (provided each job lasted for at least 12 months), as has been permitted for Tier 1 (Entrepreneurs) regardless of the date that they first entered the route.


Appendix A to the Immigration Rules sets out various strict requirements in terms of the documents that must be provided in support of a Tier 1 Entrepreneur visa extension application. Two recent decisions from the Court of Appeal and Administrative Court have demonstrated the need to pay close and particular attention to the specified evidence requirements as prescribed in Appendix A of the Immigration Rules.


Indefinite Leave to Remain Applications


There are fewer specified documents in ILTR applications than extensions, as the ‘investment’ element of the application will already have been assessed.  


However, it is very important to prepare applications carefully as there are still specified documents relating to employment and the subjective ‘genuineness’ element of an application also requires careful attention with a business plan document.


Please CONTACT US for more details on our business planning solutions for Tier 1 extensions and ILTR.