Tier 1 Entrepreneur Extension Visa Guidance

Tier 1 Entrepreneur Extension requirements are strict, specially the Genuine Entrepreneur Test. UK Visa and Immigration (UKVI) team can visit your office to check genuineness of the business when you apply for extension.

Once you have successfully established your UK business under a Tier 1 Entrepreneur Visa, it’s time to start preparing for an extension.  The Tier 1 (Entrepreneur) Visa extension allows you and your dependants to continue to live and work in the UK after the expiry of your initial visa, which is valid for three years and four months.  An extension will increase this time by two years, provided you meet all requirements.

Applying for the Tier 1 Entrepreneur extension is technically challenging.  Many applicants are rejected because they have not met the necessary extension requirements.  Careful attention to detail must be taken when applying for this visa extension to ensure success.  Our team can work with you well in advance and advise you on required actions you should take during the initial three years to ensure you meet the extension criteria.

What Are the Tier 1 (Entrepreneur) Extension Requirements?

When applying for a Tier 1 (Entrepreneur) Visa extension, you must be able to prove the following evidence:

• You have invested your minimum funds of £50,000 or £200,000 into one or more UK businesses
• You are a director of a business, or you are self-employed in a UK business
• Your business activities have been genuine and continuous
• Your business has created at least two new full-time jobs for UK settled workers
• You possess sufficient funds for supporting yourself and your dependants in the UK
• You meet the English language proficiency requirements via:
  • Nationality from an English-speaking country, or
  • An accepted English language degree, or
  • Successfully passing an accredited English language test
• Your business is credible, and you pass the Genuine Entrepreneur Test

Our team can assist you explaining these requirements, especially the Genuine Entrepreneur Test, which can diminish the chances of being interviewed by an immigration official and help in getting best possible result of your extension application.

When to Apply for the Tier 1 (Entrepreneur) Extension

You must submit your Tier 1 (Entrepreneur) extension application before your initial Tier 1 (Entrepreneur) visa expires.  We will assist you with putting together the extension application and collating the necessary supporting documents / information.

What Documents Will I Need to Provide to Extend My Tier 1 (Entrepreneur) Visa?

To apply for an extension on your Tier 1 (Entrepreneur) Visa, you will need to provide the following supporting documents (this is not an exhaustive list):

• Your business accounts and an accounts compilation report provided by your accountant that shows the investment you have made in the business of £50,000 or £200,000 (applicable required funds).
• Proof of registration with the HMRC.
• Proof of company registration (if applicable).
• Evidence of the creation of two full-time jobs (30 hours per week) for settled workers that have existed for at least 12 months. You will need to provide passport copies, wage slips, HMRC documents of payment of salaries and correct taxes, employment contracts and evidence of the settled status of the employees.

How Can I Qualify for the Accelerated Tier 1 (Entrepreneur) Extension Route?

You may be eligible for accelerated settlement if you meet the following criteria:

• Your UK business has created ten new jobs across the 3 years of your initial leave, or
• Your UK business has reached a turnover of at least £5 million over the 3 years of your initial leave.

If your objective is to achieve accelerated settlement, we can advise you from the beginning on how to achieve this, and work with you and your advisers to ensure you are on track throughout the initial three in the UK.

What Are the Advantages of Extending My Tier 1 (Entrepreneur) Visa?

Extending your Tier 1 Entrepreneur Visa has many advantages, including:

• Continuing your working rights
• Allowing the possibility of permanent residency after two years
• Once you have permanent residency, you and your dependants can apply for British Citizenship after qualifying period.
• You may combine the time spent in the UK under the Tier 1 (Entrepreneur) Visa with time spent under other visa categories (if continuous lawful residence) to qualify for ten-year permanent residency rights

What Are My Options If My Tier 1 Entrepreneur Visa Extension Is Refused?

Having your Tier 1 (Entrepreneur) extension refused can be a disappointing, frustrating, and upsetting experience, for you and your family, and you may feel that you have limited options.

If your application has been refused, A Y & J Solicitors can assist you with:

• Applying for Administrative Review,
• Submit a new Tier 1 (Entrepreneur) extension application, or
• Commencing Judicial Review proceedings.

Our lawyers will analyse your circumstances and only advise Judicial Review if there is merit to the case. In a Judicial Review application, we would prepare and serve a Pre-action Protocol letter to the UK Visas and Immigration (UKVI), and state why the caseworker was wrong to refuse your extension application. If this does not result in the UKVI overturning their decision and grant your Tier 1 (Entrepreneur) extension Visa, we can then file with the Upper Tribunal an application for Judicial Review on your behalf.

Why Choose A Y & J Solicitors for Your Tier 1 (Entrepreneur) Extension?

At A Y & J Solicitors, we have an experienced team with a proven track of success in securing our clients’ Tier 1 (Entrepreneur) extension visas.  We will work carefully with you through every step, from the initial consultation until you receive decision on your extension.

We work differently, and our team are more than excellent lawyers.  We sincerely care about the success of our clients and will work tirelessly to ensure that your goal of resolving immigration matter and achieving settlement is realised.