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.