Entrepreneurs already in the UK under the Tier 1 Entrepreneur route have until 5 April 2023 to apply to extend their visa, and until 5 April 2025 to apply for indefinite leave to remain.
It’s extremely frustrating to be refused an extension and can result in having to start a new application – under a different route once the category closes in April 2023 – and potentially having to leave the UK if your visa has expired, adding to costs and disrupting both business and family life.
Given the limited window to make your Tier 1 Entrepreneur extension application, we have collated our top tips to help give your submission the best chance of success.
Requirements to extend a Tier 1 Entrepreneur Visa
The Tier 1 Entrepreneur extension process is rarely straightforward. In most cases, it is even more demanding on applicants than the initial visa application. This is because the Home Office is looking for evidence that you have satisfied the requirements under your initial visa during your most recent period of leave. Extensive documentation is therefore essential to support your Tier 1 Entrepreneur extension application and to verify your continued eligibility under the visa route.
For your Entrepreneur Visa to be eligible for an extension, you will need to score at least 95 points under the points-based criteria, comprising:
- Attributes: 75 points
- English language: 10 points
- Maintenance funds: 10 points
Attributes: 75 points
- A minimum investment amount of £200,000 – or £50,000 if you were awarded points for funds of £50,000 in your initial visa application – has been invested by you or on your behalf directly into one or more businesses in the UK.
- During your current period of leave, you have registered with HMRC as self-employed or registered with Companies House as a director of a new or an existing company or member of a new or an existing limited liability partnership. This must be on a date no earlier than 3 months prior to the date of your application.
- The business you have invested in must have created at least two new full-time jobs for individuals settled in the UK. The jobs must have existed for at least 12 months during the period for which the most recent leave was granted.
English language: 10 points
- You are the national of a majority English speaking country; or
- You have passed an English language test level B1 of the Common European Framework of Reference required; or
- You have a degree that was taught in English and is equivalent to a UK bachelor’s degree or higher.
Maintenance funds: 10 points
- You have at least £945 of personal savings, held for 90 consecutive days prior to the date of your application.
- You have a minimum of £630 for each of your dependants if you have been in the UK for more than 12 months.
Common Application Errors in Tier 1 Entrepreneur Extensions
Incomplete documentation
It’s best practice to prepare for your extension application from the point of the initial investment – ensuring you are keeping relevant records and that you are satisfying the requirements under the investment funds and job creation as part of the daily course of our business. The extension application then becomes a matter of pulling the information together in the required format and allows time to respond to any queries the Home Office may have when processing your application.
Source of funds
This is an area attracting increasing interest and scrutiny from the Home Office. If your investment funds have been provided by a third party, you must include documents to evidence the invested funds are from the same third party.
Jobs for resident UK workers
You have to evidence that your business has created and maintained at least two full-time roles for UK resident workers during this period of leave. Evidence will be important here e.g. contracts of employment showing working hours, payslips, emails to/from relevant employees from the course of business.
The Home Office guidelines are strict on this requirement but it’s a common area of confusion among applicants given the realities of running a business usually brings complex and changing recruitment needs.
In practice we see issues arise, for example, in relation to temporary or part-time workers hired for variable hours per week. For the purposes of the visa, multiple part-time positions cannot be combined to be considered one full-time role – whether the roles are concurrent or relating to different time periods.
In addition, if you have joined an existing business, the existing employees will not count under the job creation requirement.
Payroll
The RTI format for payroll information must follow the Home Office’s specific format to the letter. Failure to submit as prescribed will result in a refusal of your application.
Further, should you take any salary out of the business, this should not be taken from the investment funds so as to avoid reducing the level of investment to below the minimum threshold.
Right to Work
A compliance duty on all UK employers is the requirement to verify that every employee has the right to work and carry out the role. This means your business should be conducting right to work checks on all its employees. This includes checking and verifying identification documents prior to the start of employment, and at regular intervals if the employee has temporary right to work in the UK.
Accountant qualifications
Your professional advisers need to hold the required qualifications. We have seen applications refused on the basis that the accountant who had signed off the accounts was not in fact qualified to do so.
Up to date documents
Double check that all documentation relates to the required time period, for example, being the most recent. This includes items such as the appointment report.
Need assistance?
There are many reasons why the Home Office denies entrepreneur extensions. Given what is at stake – your permission to remain in the UK lawfully and to become eligible for settlement – taking advice on your extension application can help to ensure errors are avoided and that you are putting forward your strongest case.
For specialist advice, contact our specialists. We are experienced in advising on extension applications within challenging circumstances and can assess your case and advise on options and strategies for making your extension application.
Last updated: 1 March 2023
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals