Successful application for extension of leave as a Tier 1 Entrepreneur

Successful application for extension of leave as a Tier 1 Entrepreneur

On October 21, 2021 | In Tier 1 Entrepreneur Visa | By A Y & J Solicitors

Background

Mr M, a Tier 1 (Entrepreneur) approached us to assist with his extension application as a Tier 1 (Entrepreneur).  This was the first time he sought Immigration help since the initial application as a Tier 1 (Entrepreneur) was prepared by him.  Initially he was not convinced that he required assistance until we identified during an initial consultation that some 30k invested into the company could not traced and identified as investment.

How we helped

For his extension application to be successful, Mr M had to demonstrate that he meets all the requirements stated in paragraph 245DD and Appendix A of the Immigration Rules, mainly to show that his company created two full-time jobs, that he invested the sum of £200,000 into the business and that his business is genuine.

We have prepared a comprehensive checklist outlining all the documents that Mr M needed to provide. We liaised with Mr M and his accountant and assisted them in gathering all the required documentation.

Upon reviewing the documents, we identified that the amount invested into the business bank account by Mr M falls below the required £200,000, and the financial accounts provided did not meet the Immigration Rules requirements. Based on our advice Mr M ensured that the missing amount has been invested into the business bank account through an identifiable transaction and that the financial accounts for the company meet the requirements.

Another issue that we identified was that Mr M has been receiving a salary from the company. The Immigration Rules clearly state that funds that have been invested into the business by a Tier 1 Entrepreneur must not be spent on their own remuneration.  We advised Mr M to obtain a letter from the company’s chartered accountant confirming that his salary was paid from the company’s trading income and not from the investment funds.

We drafted a detailed legal representation letter setting out the case’s background and demonstrating how Mr M meets the requirements. We also prepared the online application on behalf of Mr M and assisted with uploading the extensive documentation on the UKVCAS website.

Result

Within three working days after Mr M enrolled his biometric, his application was approved. Mr M was thrilled with the result, and next we will continue to work with him towards achieving Indefinite Leave to Remain in the UK.

A Y & J Solicitors

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