Tier 1 Entrepreneur Visa Extension
Tier 1 Entrepreneur visa holders now face a deadline to extend their visa.
We can advise on your options to remain in the UK.
Tier 1 Entrepreneur Visa Extension
Tier 1 Entrepreneur visa holders have until 5th April 2023 to apply to extend their visa, and until 5th April 2025 to apply for UK settlement under this route.
The Entrepreneur visa has closed to new applications and has been replaced by the Innovator route.
For advice about applying to extend your visa under the old entrepreneur category, and what this means for your settlement options, or to consider alternative options to remain in the UK, speak to our UK immigration specialists.
Applying for a Tier 1 Entrepreneur Visa Extension
An initial Tier 1 Entrepreneur visa lasts for a total of 3 years and 4 months. Holders of the Tier 1 Entrepreneur visa may apply to extend their stay in the UK for a further 2 years under Tier 1.
The application process for extending your Tier 1 Entrepreneur visa is, however, highly involved. Criteria are strict, and the requirements on you to provide full and accurate supporting documentation are stringent.
The demands can be exacerbated if, as a result of poor advice as part of your initial Tier 1 Entrepreneur Visa application, your supporting documentation has not been kept up to date.
Failure to present a comprehensive and complete application can lead to delays in a decision or even refusal.
There is also the possibility that you may be invited to interview by the Home Office, to discuss in detail your application, your business and your activity during your stay to date.
If the Tier 1 Entrepreneur visa is closing - can I still apply to extend my entrepreneur visa?
Current holders of the Tier 1 Entrepreneur visa have until 5th April 2023 to apply to extend their visa. Take professional advice to understand the implications of the route closure on your status and to consider whether alternative routes may be more suitable for your needs, such as the new Innovator route.
Am I eligible to apply for a Tier 1 Entrepreneur Visa Extension?
The eligibility criteria to extend your Tier 1 Entrepreneur Visa require that you:
- have invested into 1 or more UK businesses either £200,000 in cash or £50,000 in cash if your initial application was based on having funds from an approved funding source;
- are registered as a director or as self-employed no more than 6 months after the date you were given permission to stay in the UK under a Tier 1 Entrepreneur visa;
- can prove you have been self-employed, a member of a partnership or working as a director of a business 3 months before you apply;
- created at least 2 full time jobs that have existed for at least 1 year each.
What is the process for extending a Tier 1 Entrepreneur Visa?
If you are currently in the UK, complete the form and submit by post.
If you are outside the UK, you apply online here.
You should apply to exend your visa before your current leave expires. You can stay in the UK while your application is being processed, provided you applied before your visa has expired.
How long does a decision take?
You can expect a decision to be made on your application within 8 weeks.
In some circumstances, you may be contacted if your application will take longer because:
- your supporting documents need to be verified
- you need to attend an interview
- of your personal circumstances (for example if you have a criminal conviction)
Can my dependants apply at the same time?
Yes, any dependants who are on your current visa should be included in your extension application. This also includes children who have turned 18 during your stay.
What supporting documentation will be needed?
You should expect to have to submit extensive documentation in support of your application to extend your Tier 1 Entrepreneur Visa.
The specific documents you should submit will depend on your specific circumstances. Documents may include:
- Filed business accounts and personal bank statements – mandatory detailing expenses,
- Directors’ loan agreement – compulsory if the business was funded by a directors’ loan. The Home Office is looking for confirmation that the loan is unsecured and subordinated in favour of the third-party creditors.
- Employees payslips – compulsory, and must show the number of working hours every month.
- HMRC correspondence
- Business insurance certificate
This list is far from exhaustive. Seek professional advice to ensure you are covering all areas to most effectively represent your application.
Will I be eligible to settle in the UK?
You may eligible to apply for indefinite leave to remain after the end of the 2-year extended Tier 1 visa.
However, under the Tier 1 Entrepreneur Visa, it is also possible to achieve fast-tracked settlement after 3 years if your business has created 10 full time jobs in the UK for a total of 1 year each or your business turnover exceeds £5 million over the 3 year period.
There is a deadline in force for settlement applications under the Tier 1 Entrepreneur route; visa holders have until 5th April 2025 to apply to settle in the UK under this route.
What if my application is refused?
If your application is refused, you may appeal to extend your stay as a Tier 1 Entrepreneur using the Administrative Review Process.
Other points to note
- You will have to pay the healthcare surcharge as part of your application.
- You must also provide your biometric information (fingerprints and a photo), which costs £19.20.
For a fast & professional service - contact DavidsonMorris
As a team of immigration lawyers and former Home Office employees, we have an established reputation for effective and efficient management and processing of Tier 1 visa extensions and applications, as well as advising on options for UK settlement.
We are a team of immigration lawyers and former Home Office employees, with an established reputation for supporting employers and HR professionals on all aspects of immigration including immigration audit and compliance.
We are highly experienced in all the document and evidentiary requirements vital to a prompt and stress-free immigration audit.