OTS Solicitors | View firm profile
Our team has an
intrinsic understanding of the aspirations of those who come to the UK via the
Tier 1 Entrepreneur Visa route. This is because we have dealt with so many extensive
applications and have taken the time to listen to our clients’ stories. For most applicants, the ability to settle in
the UK is of utmost importance.
OTS Solicitors
is a Legal 500 recommended law firm based in London. We have won numerous other awards for our
immigration service, including a Global Excellence Award for the Most Trusted
in Immigration Law. My team and I
regularly support Tier 1 Entrepreneur Visa applicants to obtain their visa, an
extension and ultimately, Indefinite Leave to Remain.
The settlement process for the
entrepreneur visa route
It is
imperative that those thinking of applying for a Tier 1 Entrepreneur Visa seek
the advice and representation of an experienced immigration lawyer in
London. This
is so their application will be tailored to support the ultimate goal of
settlement from the very beginning of the process.
To be eligible
for a Tier 1 Entrepreneur Visa, applicants must have access to £50,000 or
£200,000 (different criteria apply depending on the
funds available). You must meet
the English language requirements and pass the Genuine Entrepreneur Test which
involves submitting a business plan and usually attending a Home Office
interview.
A Tier 1
Entrepreneur Visa is granted for three years, four months. After this time, you may apply for an
extension.
The criteria
for extending a Tier 1 Entrepreneur Visa are strict. You must provide evidence of the following:
You
have invested (or had someone invest on your behalf) £50,000 or £200,000 into
one or more businesses in the UK.
You
have registered with HMRC as self-employed or with Companies House as a
director of a new or existing company or member of a new or existing limited
liability partnership.
You
have either (a) launched a start-up that has created the equivalent of at least
two new full-time jobs for persons settled in the UK or invested and worked in
(as a director) an existing business and your contribution has led to two
full-time jobs being created.
You
are currently engaged in a business activity, dated at least three months prior to when you apply for your Tier 1
Entrepreneur Visa extension.
That
you meet all the criteria for a Tier 1
Entrepreneur Visa including meeting the English language requirement and that
you have the required funds to support yourself.
Specific
documentation is required to prove the above.
These include:
Audited
accounts (or management accounts if your organisation is a partnership). The accounts must clearly show the name of the accountant, the date the accounts were produced, and how much you have invested
in the business. The accounts must be prepared and signed off by the
accountant, who is not you (the applicant), in
accordance with statutory requirements.
If the investment has been made in the form of a director’s
loan you must also provide a legal agreement, between you (in the name that
appears on your application for leave) and the company which must provide
details such as the terms of the loan, the interest payable and crucially, that
the loan is unsecured and subordinated in favour of third-party creditors.
That your business has premises in the UK by way of
documentation from HMRC or the Companies House.
Bank
statements and tax forms to show your business has a UK bank account and is
subject to UK taxation.
That you registered yourself or your business within six
months of entering the UK. This is
regardless of whether you are no longer engaged in the same organisation as
when you first entered the UK. Failure
to meet this requirement could lead to the Home Office curtailing your leave.
Passports
or birth certificates showing that the people you have employed for the
equivalent of two full-time roles are ‘settled’ persons, plus Pay as You Earn
(PAYE) tax forms to prove they are working the required number of hours.
Many
applications for extension fail because the right evidentiary documents are not included with the application.
Success Story
The client came
to OTS after a refusal of their Tier 1 Entrepreneur extension application. The
refusal was due to allegedly failing to provide a piece of specified evidence. We advised the client on submitting for
administrative review, prepared the grounds, and lodged the application for
review. We argued misinterpretation of
the rules in relation to the specified
evidence and a failure to apply evidential flexibility. Upon refusal of the administrative review, we assessed
the merits of lodging a judicial review and ultimately advised the client to do
so.
A pre-action
letter was sent out, setting out the proposed grounds of the judicial review. As no answer was
received within the prescribed 14 days, we lodged an application for judicial review with the court. A late reply to the pre-action letter was
received, indicating the Home Office was willing to reconsider the client’s
case. We conducted the negotiations and successfully secured the extension of our
client’s leave to remain. The judicial review was
withdrawn, and the client’s costs were
paid by the respondent.
In summary
Collating the
required evidentiary documentation to extend your Tier 1 Entrepreneur Visa is
an onerous task and requires an in-depth knowledge of Home Office
requirements. Failure to send the
correct documentation can result in frustrating delays and the additional expense of having to resubmit
your application.
By instructing
our London-based immigration solicitors, you can be assured that the correct documentation will be collated and submitted in the required
format.
OTS
Solicitors is one of the most respected immigration law firms in London and is a
Legal 500 leading firm. By making an appointment with one of our
business immigration solicitors, you can be
assured of receiving some of the best legal advice available in the UK
today.