Tier 1 Entrepreneur Requirements for Points Scoring

This post highlights the details of Tier-1 Entrepreneur Requirements for Points Scoring for entry clearance, leave to enter or remain and Indefinite Leave to Remain (ILR) Applications. In all the three (3) stages an applicant is required to score 95 points.

For entry clearance applications, applicants are required to score 75 Points for attributes i.e. 25 points each for Access to Funds, money is held in one or more regulated financial institutions and funds are disposable in the UK.

For leave to remain applications, applicants are required to score 75 Points for attributes i.e. 20 Points each for Invested Fund, Business Registration and Business Establishment. 15 points for within the three months before the date of application, the applicant has either  registered with HM Revenue & Customs as self-employed, or registered with Companies House as a director of a UK company or member of a UK partnership.

Tier 1 Entrepreneur Points Scoring- Entry, Extension, ILR

Tier 1 Entrepreneur Requirements for Points Scoring

Entry Clearance or Leave to Enter Applications

An applicant needs to score 95 Points for an initial application in Tier-1 (Entrepreneur) category.

  • 25 points are available if the applicant has access to funds;
  • 25 points are available if funds are held in one or more regulated financial institutions;
  • 25 points are available if the funds are disposable in the UK. For Migrant applying for leave to remain, the funds are required to be held in the United Kingdom;
  • ten (10) points are for meeting the requirement relating to B-1 Level of English Language;
  • ten (10) points are for maintenance funds to support the applicant and any dependants in the UK.

25 Points for Access to Funds

25 points are available for the applicant who has either:

  • access to not less than two hundred thousand British Pound Sterling (£200,000) or equivalent; OR
  • access to not less than fifty thousand British Pound Sterling (£50,000) from:
    • either one or more registered venture capital firm regulated by the UK’s Financial Conduct Authority (FCA);
    • either one or more United Kingdom’s seed funding competition which is listed (as endorsed) by the Department for International Trade on the pages of the GOV.UK website;
    • either one or more HM’s government department or devolved government department in Wales or Northern Ireland and Scotland. Moreover, made available by a department for the specific purpose of establishing or expanding the UK business;

25 points are available to an applicant who:

  • is applying for a leave to remain;
  • has, or was last given leave as a Tier-1 (Graduate Entrepreneur) Migrant;
  • has access to not less than £50,000;

25 points are available for the applicant who:

  • is applying for a leave to remain;
  • has, or was last awarded leave as a Tier-1 (Post-study work) migrant;
  • has access to not less than fifty thousand British Pound Sterling (£50,000);
  • can meet the additional requirements – as detailed in the following paras

For migrants applying for leave to remain and has, or was last granted, leave as a Tier-1 (General) migrant, points cannot be awarded to them under sub-paras (a) or (b)(i) of Table 4 (Appendix-A of UK Immigration Rules) unless the applicants meet the additional requirements below.

Additional Requirements for Tier 1 (General) Applicants

The migrant has been continuously engaged in business activity since before the specified date below, and up-to-the-date of application, and during the period above applicant has been continuously registered with either:

  • HM Revenue & Customs as self-employed; OR
  • Companies House as director of a new or an existing business: points are NOT granted to directors (applicants), who are on the list of disqualified directors provided by Companies House;

Since before the specified date below, and up to the date of application, the migrant has been continuously working in an occupation that appears in the codes of practice as skilled to National Qualifications Framework (NQF) Level-4 or above.

‘Working’ here means the core service, which the applicant’s business provides to customers or clients involves the company delivering a service in occupation at this level. It excludes work involved in marketing, administration or website functions for the business.

The date referred to above is either:

  • July 11, 2014, if they have, OR were last granted, leave as a Tier-1 (Post-Study Work), Migrant;
  • April 6, 2015, if they have, OR were last granted, leave as a Tier 1 (General) migrant.

Tier 1 Entrepreneur Extension Requirements

20 Points for Invested Fund

The applicant has invested or had invested not less than £200,000 (or £50,000 if, in his/her last grant of leave, she/he was awarded points for funds of £50,000) in cash directly to either one or more businesses in the United Kingdom.

20 Points for Business Registration

The applicant has registered with:

  • HM Revenue & Customs (HMRC) as self-employed; OR
  • Companies House as a director of either a new or an existing business – NO POINTS ARE GRANTED to directors/applicants, who are on the List of Disqualified Directors of Companies House;

If applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier-1 (Entrepreneur) Migrant, the applicant is required to meet the above condition within six (6) months of entry to the UK. This should be on the basis that the applicant was granted entry clearance as a Tier-1 (Entrepreneur) Migrant and evidence is available to establish the date of arrival to the United Kingdom or date of the grant of leave to remain.

On a date no earlier than three (3) months before the date of application, the applicant was registered with either:

  • HM’s Revenue & Customs as self-employed; OR
  • Companies House as director of new/existing business – POINTS are NOT GRANTED to applicants for directorship in companies, which are included on the list of disqualified directors of the Companies House;

20 Points for Business Establishment

The applicant has:

  • established new business (es) that has (have) created the equivalent of at least TWO (2) new full-time jobs for workers settled in the United Kingdom (UK);
  • joined or taken over an existing business (es) and his/her services or investment have resulted in the net increase in employment provided by the business (es) for persons settled in the United Kingdom by creating an equivalent of at least TWO (2) fresh full-time employment;

If applicant’s last grant of entry clearance or leave to enter or remain was as a Tier-1 (Entrepreneur) Migrant, the jobs must have existed for at least twelve (12) months of the period for which most recent leave was granted.

10 Points for the English Language

The applicant is required to provide evidence to prove their English Language Skills meet the requirements.

10 Points for Maintenance Funds

There are sufficient funds to support the migrant and any dependants in the UK.

Tier 1 Entrepreneur Visa ILR Requirements

For making an indefinite leave to remain (settlement) application under the Tier-1 (Entrepreneur) category of the PBS, the following criteria need to be fulfilled:

Requirements

Indefinite Leave to Remain (ILR) is most likely to be granted if an applicant fulfils the following criteria:

  • the applicant meets the requirements of paragraph 245D or 245DF of the UK’s Immigration Rules;
  • the applicant attracts none of the general grounds for refusal in paragraphs 320 to 324 of the Immigration Rules;
  • the applicant is not an illegal entrant;
  • the applicant scores seventy-five (75) points for attributes (see below);
  • they have enough knowledge of the English language and enough knowledge about life in the UK, concerning Appendix KoLL of the Immigration Rules (UK), unless the applicant is either under the age of eighteen (18) or aged sixty-five (65) or over at the time of making the application;
  • the applicant(s) has (have) not breached any of the immigration rules/laws, except:
    • any period of overstaying allowed under the Immigration Rules;
    • where the application was submitted before July 9, 2012;

20 Points for Invested Funds

The applicant either has invested or had invested on his/her behalf, not less than £200,000 (or £50,000 if, in his/her last grant of leave, he/she was awarded points for £50,000) in cash directly into one or more businesses in the UK.

The applicant does not need to provide evidence of the investment if he/she was awarded points for it in his/her previous grant of entry clearance or leave to remain as a Tier11 (Entrepreneur) Migrant (this includes the evidence to demonstrate that investment was in a UK-based business).

20 Points for Business Registration

On a date no earlier than three (3) months before the date of application, the applicant was registered with:

  • Her Majesty’s Revenue & Customs (HMRC) as self-employed;
  • Companies House as a director of new (existing ) business – points for directorship cannot be granted for those companies which are on the list of disqualified directors provided by Companies House;

The applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier-1 (Entrepreneur) Migrant, on a date within six (6) months of his/her entry to the UK (if he/she was granted entry clearance as a Tier-1 (Entrepreneur Migrant), and there is evidence to prove the applicant’s date of arrival in the United Kingdom), or in any other case, at the date of the grant of leave to remain, the applicant was registered with:

  • Her Majesty’s Revenue & Customs (HMRC) as self-employed;
  • Companies House as a director of new (existing) business in the UK – and he/she was not a director of a company which is on the list of disqualified directors of the Companies House;

The applicant would not need to provide the evidence of registration for condition (2) if he/she was awarded points in his/her previous grant of entry clearance or leave to remain as a Tier-1 (Entrepreneur) Migrant.

20 Points for Business Establishment

The applicant has:

  • established a new UK business (es) that has (have) created the equivalent of at least two (2) new full-time employment (jobs) for persons settled in the United Kingdom;
  • taken-over or invested in an existing UK business (es) and their services (or investment) have resulted in net increase in employment provided by the business (es) for persons (workers) settled in the UK by creating an equivalent of at least two (2) new full-time jobs (employment);

If the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier-1 (Entrepreneur) Migrant, the jobs (employment) must have existed for at least twelve (12) months of the period for which most recent leave was granted.

15 Points for Specified Continuous Period

The applicant has spent the stipulated continuous period legally in the UK, with absences from the UK of no more than hundred and eighty (180) days in any twelve (12) calendar months during that period.

The required period must have been spent with leave as a Tier-1 (Entrepreneur) Migrant, as a businessperson and/or as an innovator, of which most recent period is required to be spent with leave as a Tier-1 (Entrepreneur) Migrant.

The specified continuous period is:

  • three (3) years if the number of new full-time employment created is at least ten (10);
  • three (3) years if the applicant has:
    • established a new UK business with income from business activity of at least £5 million during a three (3) year period in which the applicant has had leave as a Tier-1 (Entrepreneur) Migrant;
    • taken over/invested in an existing UK business and their investment or services have resulted in net increase in income from business pursuit to that business of £5 million during a three (3) year period in which an applicant has had leave as a Tier-1 (Entrepreneur) Migrant when compared to the immediately preceding three (3) year period
  • Five (5) years in all other cases

Time spent with valid leave in Bailiwick of Jersey, Bailiwick of Guernsey, the Isle of Man in a category equivalent to the categories set-out above may be included in a continuous period of lawful residence, provided the most recent period of leave was as Tier-1 (Entrepreneur) Migrant in the UK.

In any such case, an applicant must have absences from Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man of no more than hundred and eighty days (180) days in any twelve (12) calendar months during the specified continuous period.

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AMP | Tier 1 Entrepreneur Points Scoring

Related: UK Entrepreneur Visa New RulesCan I Switch a Visitor Visa to a Work Visa?  and Attributes for Tier 1 Entrepreneur

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