Tier 1 Entrepreneur Visa Extension Criteria

Tier 1 Entrepreneur Visa has always been a hotly debated issue. Due to the recent changes announced, media and governmental authorities have spread panic among those migrants who want to apply for a Tier 1 Entrepreneur from 2019.

It is worth to specify that nothing has been concretely introduced yet and the new routes will be approximately available from Spring 2019. No further clarifications have been published so far and there is no certain indication about the exact date when they will be officially in force.

In light of this uncertainty, it is advisable applying under Tier 1 Entrepreneur before this route will be scrapped and replaced with Tier 1 Innovator as we do not currently know how the statement of changes will substantially affect the chances of entering the UK.

Most of the Tier 1 Entrepreneur migrants know what are the requirements for an initial leave under the Tier 1 Entrepreneur route, however, they are not aware of the conditions to satisfy in order to be granted an extension.

AFTER 3 YEARS YOU WILL BE REQUIRED TO SHOW THAT:

  • You have invested £200K in a UK business

  •   You have been appointed as a director of the business within 6 months from the date your visa was granted

  • You have created the equivalent of two EXTRA full-time job positions by hiring British citizens, EEA citizens, or non-EEA national with Indefinite Leave to Remain in the UK

What does "equivalent of two extra full time job positions" exactly mean?

A job position will be only considered full time if entails 30 hours of paid work a week

“The equivalent of” a full time job means two or more part time jobs which add up to 30 hours a week will count as one full time job, if both jobs exist for at least 12 months. However, one full time job of more than 30 hours work a week will not count as more than one full time job.

The jobs must have existed for at least 12 months during the period of the most recent grant of leave as a Tier 1 (Entrepreneur) migrant.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year) providing it is the same job.

The jobs need not exist on the date of application, provided they existed for at least 12 months during the period of the most recent grant of leave.

Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period.

If jobs are being combined, with two part time employees being used to create the equivalent of one full time job, the employees being relied upon must be clearly identified by you in your application.

The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage and the Working Time Directive.

The Tier 1 Entrepreneur migrant will need to maintain the same job positions for at least 12 months more after extension, or, alternatively, create two new more.

At the end of the extension period, the Tier 1 Migrant will be entitled to apply for Indefinite Leave to Remain provided that:

  • 2 full-time job positions have been maintained (or 2 new created) for 12 months after Extension

  • proof of business activity dated within the 3 months prior to the date of the application is provided

  • he has passed the Life Test in the UK

  • he has been continuously residing in the UK without breaking his residence (no more than 900 days of absences over 5 years)

CRITERIA FOR ACCELERATED SETTLEMENT

For those who do not want to wait 5 years to obtain Indefinite Leave to Remain in the UK, there are two alternative options:

  • creating the equivalent of 10 EXTRA full-time job positions over the three years period

  • Having a turnover of 5 mill

The first option is undoubtedly more frequent although not easier. For each employee who covered - even for a short period of time - 1 of the 10 job positions, the documents to be provided will be:

  • payslips covering the full period of employment

  • Real Time Information covering the full period of employment

  • Passport copy

  • Confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon to claim points, including any changes in the hours worked per pay period or the hourly rate and the dates of those changes

Should you require any assistance with your extension application, do not hesitate to call us on 020 3693 7591.