This relates to the Tier 1 Entrepreneur Team as two migrants may make a joint application under Tier 1 (Entrepreneur) route. And also may claim points for the same investment and business activity with another person. Accordingly, the post provides the details forming genuine Tier 1 Entrepreneur Team under the Immigration Rules with reference to paragraph 52 of Appendix A.
How to form a Genuine Tier 1 Entrepreneur Team?
The immigration rules are quite silent about the persons who can form a team for doing business under the Tier 1 entrepreneur route. However, it is expedient to form only a genuine Tier 1 entrepreneur team and not to create a team for reducing the financial burden per applicant. A Tier 1 entrepreneur team consists of one entrepreneur and one inactive member to dilute the investment requirement may represent an abuse of the route.
Perhaps, it is quite rare to form a business partnership with a total stranger. Therefore, a Tier 1 entrepreneur team of two total strangers without any common background may not hold sway. Accordingly, prima facie it may look like only an arrangement for applying as Tier 1 entrepreneur team without a genuine intent of doing business. Certainly, such an arrangement may not be able to pass the genuine entrepreneur test.
Perhaps, a team consisting of a close family member such a father forming an entrepreneurial team with above 18 years old daughter is quite practical. Moreover, a team consisting of existing business partners is also maintainable.
Tier 1 Entrepreneur Team: Both Partners to have equal control
In terms of Paragraph 52 of Appendix A Attributes for Tier 1 Entrepreneur, no more than two partners may claim points for the same investment funds. And also for the same job creation and business activity in the subsequent extension and settlement applications.
Moreover, Tier 1 entrepreneur team/partner also need to meet the following requirements:
(a) The applicants have an equal level of control over the funds. And also, where relevant, equal status as owners, directors and/or members of the business or businesses in question.
(b) The applicants are both shown by name, passport number and (where relevant) Points-Based System reference number in each other’s applications and in the specified evidence required in the relevant table.
(c) Neither applicant has previously been granted leave as a Tier 1 (Entrepreneur) Migrant on the basis of investment and/or business activity linked in this way with any applicant other than each other if the same funds were relied on in a previous application.
Points are awarded in terms of Paragraph 52 Appendix A
Please note no points are awarded for money that is made available to any individual other than the applicant, except under the terms of paragraph 52 above. And also where the money is held in a joint account with the applicant’s spouse or civil partner. However, the spouse or partner must not be applying with another Tier 1 (Entrepreneur) Migrant. Please note: a civil partner is a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application.
Award of Points to Applicants under Tier 1 Entrepreneur Team
No points are awarded for investment, job creation and business activity shared with another Tier 1 (Entrepreneur) applicant, except under the terms of paragraph 52.
If the applicant is not the sole member or director in the business, they must provide confirmation of the names of the other members or directors and whether any of the other members or directors are also Tier 1 (Entrepreneur) Migrants.
For other members or directors, an applicant is required to provide the dates the other persons became members or directors and whether they are applying under the provisions in paragraph 52 of Appendix A and if they have made (or are making at the same time) an application in which they claimed points for creating jobs, the names of the jobholders in question.
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