Details of Paragraph 245D (Purpose and Meaning of Tier 1 Entrepreneur) and 245DA (Entry to the UK) of the Immigration Rules, Part 6A: the Points-Based System (PBS) Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.
Requirements for Applying Tier 1 Entrepreneur Visa
- For Tier 1 Initial Applications – Paragraphs 245DB Requirements for Entry Clearance and 245DC Period and Conditions of Grant;
- For Tier 1 Extension Applications – Paragraphs 245DD Requirements for Leave to Remain and 245DE Period, Conditions and Curtailment of Grant;
- For Tier 1 ILF – Paragraph 245DF Requirements for Indefinite Leave to Remain;
- 75 Points | Attributes for Tier 1 Entrepreneur, Appendix A of the Immigration Rules (Points Scoring: Table 4 for Entry Clearance, Table 5 for Extension Application, Table 6 for ILF);
- 10 Points for English Language Requirement for Tier 1 Entrepreneur, Appendix B;
- 10 Points for Maintenance Funds, Tier 1 Entrepreneur, Appendix C.
Purpose and Meaning of Business
245D. Purpose of this Route and Meaning of Business
(a) This route is for migrants who wish to establish, join or take over one or more businesses in the UK.
(b) For the purpose of paragraphs 245D to 245DF and paragraphs 35 to 53 of Appendix A ‘business’ means an enterprise as:
(i) a sole trader,
(ii) a partnership, or
(iii) a company registered in the UK.
(c) Where paragraphs 245D to 245DF and paragraphs 35 to 53 of Appendix A, refer to money remaining available to the applicantuntil such time as it is spent for the purposes of his business or businesses:
(i) ‘Available’ means that the funds are:
- in the applicant’s own possession,
- in the financial accounts of a UK business which he is running as a member of a partnership or as a director, or
- available from the third party or parties named in the application under the terms of the declaration(s) referred to in paragraph 41-SD(b) of Appendix A).
(ii) ‘Invested’ means that the funds have been invested into a business or businesses which the applicant is running as self-employed or as a director or member of a partnership. ‘Invested’ or ‘spent’ excludes spending on:
- the applicant’s own remuneration,
- buying the business from a previous owner, where the money ultimately goes to that previous owner (irrespective of whether it is received or held directly or indirectly by that previous owner) rather than into the business being purchased (This applies regardless of whether the money is channelled through the business en route to the previous owner, for example by means of the applicant or business purchasing ‘goodwill’ or other assets which were previously part of the business.),
- investing in businesses, other than those which the applicant is running as self-employed or as a director, and
- any spending which is not directly for the purpose of establishing or running the applicant’s own business or businesses.
Tier 1 Entrepreneur Entry Clearance
245DA. Entry to the UK
All migrants arriving in the UK and wishing to enter as a Tier 1 (Entrepreneur) Migrant must have a valid entry clearance for entry under this route. If they do not have a valid entry clearance, entry will be refused.
Can a Student Apply for Tier 1 Entrepreneur Visa
Yes, in terms with Paragraph 245DB(e) a student can switch from Tier 4 to Tier 1 Entrepreneur.
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Related: Immigration Rules Part 6A