TIER 1 (ENTREPRENEUR)

The Tier 1 (Entrepreneur) category is for those interested to invest in the United Kingdom by setting up or taking over and being actively involved in the running of one or more businesses in the United Kingdom.

Applicant can apply as entrepreneur under Tier 1 of point based system if they are;

In the United Kingdom and want to make an initial application as an entrepreneur.
already in the United Kingdom as an entrepreneur and want to extend the permission to stay with in the existing category.
already in the United Kingdom as a business person or innovator and want to extend the permission to stay in the entrepreneur category.

applying for permission to enter the United Kingdom under the entrepreneur category.

The categories from which an applicant can switch in to entrepreneur category are the following;

a Tier 2 migrant;
a Tier 4 migrant;
a Graduate Entrepreneur migrant (Tier 1);
a highly skilled migrant;
a highly skilled worker (tier 1);
an investor (tier 1);
a post-study worker (tier 1);
a business person;
an innovator;
a student;
a student nurse;
a student re-sitting an examination;
a student writing up a thesis;
a work permit holder;
a postgraduate doctor or dentist;
a self-employed lawyer;
a writer, composer or artist;
a prospective entrepreneur;
an investor;
a participant in the International Graduates Scheme or its predecessor, the Science and Engineering Graduates Scheme;
a participant in the Fresh Talent: Working in Scotland Scheme.

ELIGIBILITY

To apply under the point based system and to be accepted in the entrepreneur category the applicant must pass the point based assessment

75 points for your Attributes depending on whether initial application or extending permission to stay.

The above points are awarded for the following categories

1. access to £200,000;

2. the money is in a regulated financial institution;

3. the money is disposable in the United Kingdom.

The points available are:

(a) You have access to £200,000 or (b) You have access to £50,000 from : (1) one or more registered venture capital firms regulated by FSA, (2) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UK Trade & Investment website, or (3) one or more UK Government Departments, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business, or (c) You: (1) are applying for leave to remain, (2) have or were last granted, leave as Tier 1 (Graduate Entrepreneur) Migrant, and (3) have access to not less than £50,000, or (d) You: (i) are applying for leave to remain, (ii) have, or were last granted, leave as a Tier 1 (Post- Study Work) Migrant, (iii) were, on a date no earlier than three months prior to the date of application, (1) registered with HMRC as self employed, or (2) registered a new business in which you are a director, or (3) registered as a director of an existing business, (iv) are engaged in business activity, other than the work necessary to administer his business, in an occupation which appears on the list of occupations skilled to National Qualifications Framework level 4 and above, as stated in the code of practice for Tier 2 Sponsors published by UKBA, and (v) have access to not less than £50,000.

25
The money is in a regulated financial institution 25
The money is disposable in the United Kingdom 25

Access to £ 200,000.

The applicant will be awarded 25 points if you have £200,000 of applicants’ own money available to make fresh investment in the United Kingdom. The applicant may include money made available from one or more other people known as third party or third parties. The necessary requirement for this case is that the applicant must provide a declaration from every other contributor that the money is available to the applicant or for the concerned business together with confirmation from a legal representative that the declaration document is valid. A husband, wife or partner is a third party.

The money is in a regulated financial institution

The applicant will score 25 points if the applicants’ money is held in one or more regulated financial institutions.The financial institution or institutions that provide confirmation of the money available to you must be regulated by the home regulator.

The money is disposable in the United Kingdom

The applicant can score 25 points if the applicant has money held in the United Kingdom in an institution that is regulated by the Financial Services Authority. If the money is not held in the United Kingdom, all of the £200,000 required to qualify must be freely transferable to the United Kingdom and able to be converted to pounds sterling.

If the money is held overseas but in an institution that has a presence in the United Kingdom and is regulated by the Financial Services Authority, then the institution already does business in the United Kingdom and need any further evidence that the money can be transferred into the United Kingdom.

If you rely on money held in an overseas institution that is not regulated by the Financial Services Authority, you must provide confirmation that the money can be transferred into the United Kingdom. You can do this with a document from your bank or financial institution.

EXTENTION APPLICATIONS

Applicants are awarded 75 points if they satisfy the following conditions;

invested £200,000 in to a United Kingdom business
registered for business within three months
engaged in business activity
created new employment

Invested £200,000 in to a United Kingdom business

Applicant will be awarded 20 points if the applicant have invested or had invested on applicant’s behalf not less than £200,000 in cash directly into one or more business or businesses in the United Kingdom. Applicant must prove that the whole £200,000 in cash has already been invested in business in the United Kingdom

Registered for business within three months

Applicant will be awarded 20 points if the applicant have;

Registered with HM Revenue & Customs as Self-employed or
Registered a new company in which the applicant is a director or
Registered as a director of an existing company

If the applicants previous permission to stay was granted under one of the former Business Person or Innovator categories, applicant will not need to show that he/she is registered as self-employed or as a director within three months. Applicant will be awarded 20 points if;

The applicant is registered at the time of application for extension of permission to stay; and applicant is involved in business activity

Engaged in business activity

Applicant will be awarded 15 points if applicant is engaged in business activity at the time of application for an extension of permission to stay. It is not necessary that the applicant need to be engaged in the original business, when the applicant first entered the entrepreneur category. Applicant must still be engaged in business when making an application for an extension.

Created New Employment

Applicant will score 20 points if;

the applicant have established a new business or businesses, that have created the equivalent of two new full-time paid jobs for at least two people who are settled in the United Kingdom and those jobs have existed for atleast 12 months each;

  or

the applicant have taken over or joined an existing businesses and your services and money have resulted a net increase in the employment provided by the businesses of two extra full-time jobs to people who are settled in the United Kingdom and those jobs have existed for at least 12 months each.

10 POINTS FOR ENGLISH LANGUAGE

The three ways by which the applicant is able to score points for English language are follows;

be a national of a majority English speaking country or
pass an English language test on UKBA list of approved English language tests or

hold a degree that is assesses by UK NARIC as being taught in English and is equivalent to a United Kingdom bachelor’s degree or above.

Applicant will also meet the English language requirement if;

the applicant were given permission to stay under a tier 1 category (other than investors or post study workers) and are applying for an extension; or

the applicant were given permission to stay as a highly skilled migrant under the immigration rules which came into force on 5 December 2006, and you are applying for an extension under a tier 1 category.

10 POINTS FOR MAINTENANCE

Applicant is already in the United Kingdom

Applicant will score 10 points if the applicant is applying for permission to stay in the United Kingdom and have £800 in available money.

Applicant outside the United Kingdom

Applicant must score 10 points if the applicants are applying to a British overseas entry clearance post for permission to come to the United Kingdom and have £2,800 in available money.

APPLYING

While each of these tiers is meant to define clearly those who may benefit, the UK Border Agency has been applying rules relating to the provision of supporting evidence very strictly so extreme care must be exercised in making applications. There are also specific rules relating to the money you must have available to maintain yourself when you first arrive in the United Kingdom. Large numbers of applications in these categories which on their face ought to succeed are being refused because of the failure by applicants to provide all of the information and documentation requested or because of a failure to meet the maintenance requirements. It is therefore beneficial for you to apply through a legal professional who has expertise in UK immigration Law.

WE at IDICULLA SOLICITORS undertake both postal applications and Home Office Same Day premium service. Our fees only cover the cost of preparing and making the initial application. If an appeal or challenge is necessary subsequent to the submission of your application or if a separate application is subsequently required, we will agree separate fees with you. Our fee is as follows and excludes VAT and Home Office Fees;

OUR LEGAL FEES

Postal Applications £1,200.00
Same day Premium Service Currently not available

Home Office Fees

Main applicant fee is £ 1,020.00

Dependant application for spouse/partner or children under 18 will cost £510.00 per dependant, if applied with main applicant. Dependant application for children above 18, or any dependant application made separately will cost £561.00.

If you meet the above criteria please call us on 02380 630 905 or you may contact us online by clicking the button below:

 

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