This category is for applicants who are seeking to invest in the UK by setting up or taking over and being actively involved in the running of one or more businesses in the UK. Applicants will need to meet the requirements of the points based system.
Who can apply?
Applicants can apply for entry clearance to enter the UK in this capacity. Alternatively, they can apply in country. Applicant can switch from one of the following categories:
· Skilled worker (tier 2 General);
· Intra-company transferee (tier 2);
· Minister of religion (tier 2);
· Sportsperson (tier 2);
· Highly skilled migrant;
· Highly skilled worker (tier 1);
· Investor (tier 1);
· Post-study worker (tier 1);
· Business person;
· Innovator;
· Student;
· Student nurse;
· Student re-sitting an examination;
· Student writing up a thesis;
· Work permit holder;
· Postgraduate doctor or dentist;
· Self-employed lawyer;
· Writer, composer, artist;
· Participant in the International Graduates Scheme or its predecessor, the Science and Engineering Graduates Scheme;
· Participant in the Fresh Talent: Working in Scotland Scheme.
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Requirements
Applicants will need to score 75 points and, in addition, they will need to meet the English Language (10 points) and maintenance (10 points) requirements (not required for Tier 1 Investor visas).
Points are awarded as follows:
• You must have access to not less than £200,000 (25 points available);
• The money must be held in one or more regulated financial institutions (25 points available);
• The money must be disposable in the United Kingdom (25 points available).
Applicants under this category are not permitted to take employment in the UK. This category is suitable for those seeking to take control of an existing business or to establish or join an existing business.
English Language proficiency
Applicants can satisfy the language requirements in the following ways:
· Sit an English Exam (i.e. ILETS) Level C1 or ILETS level 6.5 required
· If you have a degree taught in English
· If you originate from a country where the primary language is English
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Maintenance
Applicants must be able to demonstrate that they can maintain themselves and any dependants. The main applicant must show evidence of £2,800 of savings at their disposal and £1,600 for each dependant. The money must have been held in their bank account for a period of three months.
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Extension applications
Tier 1 Entrepreneur applications are normally granted for an initial period of three years where after it can be renewed for a further two years. After five years, applicants may qualify for indefinite leave to remain in the UK.
Applicants will need to show the following for an extension:
· That the £200,000 has been invested in a UK business.
· You have registered with HMRC for tax purposes, within three months of arriving
(as self employed)
· You must be registered as a director of the UK business with Companies House
· You must be actively engaged in business activity at the time of your extension application
· You must show that you have created 2 full time positions for settled employees in the UK. (positions must have been filled for at least one year)
The English language and maintenance requirements do not need to be tested again.
Applicants who require assistance in this category can contact our lawyers at Ergen & Sharif on 0207 569 3035 or alternatively at info@ergensharif.co.uk .