Tier 1 Entrepreneur Extension Visa Guidance

Tier 1 Entrepreneur Extension requirements are strict, especially the Genuine Entrepreneur Test. The UK Visa and Immigration (UKVI) team can visit your business premises to check the genuineness of the business when you apply for an 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 the required actions you should take during the initial three years to ensure you meet the extension criteria.

Fees

The UKVI application fees depend on how you apply.

For applications submitted in the UK, the UKVI applications fees are £1,277 per applicant. You will also need to pay £19.20 (per applicant) to have your biometric information taken.

For applications submitted overseas, the UKVI applications fees are £1,021 per applicant.

All applicants will also need to pay the Immigration Health Surcharge as part of the application.

How to extend your visa if you are in the UK?

Applications for a Tier 1 (Entrepreneur) Extension in the UK are submitted online. After the submission of the application, you will need to make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) to provide your biometric information (fingerprints and a photo).

The supporting documentation can be uploaded online prior to the appointment, or you can have the documentation scanned at your UKVCAS appointment.

How long does it take?

The UKVI standards confirm that for the applications submitted in the UK, applicants should receive a decision within 8 weeks of the application submission date.

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 registered with Companies House as a director or with HMRC as self-employed within six months of the specified date (UK arrival date or date of grant);
• 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;
• You are a director of a business, or you are self-employed in a UK business;
• 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 requirement. From 29 March 2019, all applicants should automatically score 10 points for English language as they will have previously been granted leave as a Tier 1 (Entrepreneur) migrant. The only exception will be if they are found to have used deception in relation to the English language requirement in the earlier application.
• Your business is credible, and you pass the Genuine Entrepreneur Test
  Our team can assist you in explaining these requirements, especially the Genuine Entrepreneur Test, which can diminish the chances of being interviewed by an immigration official and help in getting the best possible result for your extension application.

Can you apply for Tier 1 (Entrepreneur) extension from outside the UK, and how long is the processing time?

Yes, applications for an Extension can also be submitted from overseas. Similar to the majority of applications submitted from overseas, the UKVI Standard time is 15 working days. You might have the option to pay an additional fee and opt for the Priority Service (the service availability depends on your location). Your application will be at the front of the queue at every stage of the decision-making process

However, this option is not available to all applicants. Children who have been granted leave as dependants, but have now turned 18 years old, are ineligible to apply for an Extension from overseas.

The Tier 1 (Entrepreneur) route is closed – can I still apply to extend my entrepreneur visa?

Yes. The deadline to submit a Tier 1 (Extension) application is 5 April 2023. Exceptions will apply to applicants who have been granted leave under the Tier 1 (Graduate Entrepreneur) route.

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 chartered 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.
• 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, evidence of the settled status of the employees, wage slips, HMRC documents of payment of salaries and correct taxes, employment contracts.

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 years in the UK.

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

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

• Continuing your residence and working rights.
• Allowing the possibility of permanent residency after completing 5 years of residence in the UK under the route.
• Once you have permanent residency (Indefinite Leave to Remain in the UK), you and your dependants can apply for British Citizenship after the 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.

Can you extend Tier 1 (Entrepreneur) extension/temporary extension of leave if the business has been disrupted by COVID-19?

Yes, existing Tier 1 (Entrepreneur) migrants can submit an application for temporary extension of leave, if their business has been impacted by the COVID-19 pandemic.

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 granting 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 the 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.