Tier 1 Entrepreneur | Requirements for Entry Clearance | 245DB

This post explains the requirements for Entry Clearance as a Tier 1 Entrepreneur in the light of Paragraphs 245DB of the Immigration Rules, Part 6A: the Points-Based System (PBS), Published on 29 February 2016 Updated on 2 May 2017. If an applicant is able to fulfil the requirements then a Tier 1 Entrepreneur Visa is issued to the applicant for a period of three (3) years and two (2) months in terms with Paragraph 245DC.

Tier 1 Entrepreneur- Requirements for Initial Application

UK Visa Blog Immigration, Settlement, Refusal, Appeal SolicitorsParagraph 245DB of the Immigration Rules explains the requirements for Entry Clearance as a Tier 1 Entrepreneur.

If an applicant is able to fulfil the requirements than a Tier 1 Entrepreneur Visa is granted to the application. In case an applicant is not able to meet the requirements then the application is refused.

Paragraph 245DB of the Immigration Rules, Part 6A: the Points-Based System (PBS)

245DB. Requirements for Entry Clearance

To qualify for entry clearance as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets those requirements, entry clearance will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements: subparagraphs (a) to (s) 

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Tier 1 Entrepreneur- Refusal on General Grounds

The sub-paragraph 245DB(a) of Paragraph 245DB requires that a Tier 1 Entrepreneur Application must not fall for refusal under the general grounds for refusal.

If an application falls for refusal under general grounds then in terms with sub-paragraph 245DB(m) an Entry Clearance Office (ECO) has the discretion not to carry out assessment required in subparagraph 245DB(f) or 245DB(i), and can reserve the right to carry out further assessment subsequently in any reconsideration of the decision.

Here it is important to add that Paragraph 320 of the Immigration Rules deals with general grounds for refusal. The mandatory refusals on general grounds are covered in paragraphs 320(1) to 320(7B); whereasdiscretionary refusals are in paragraphs 320(8) to 320(23). In practice, a majority of the refusal decisions on general grounds are instituted under Paragraph 320(7A) as it is a very sweeping in nature. If an application is refused under Paragraph 320(7A) then it is recommended to challenge the refusal decision. If a challenge against a refusal decision is successful then the application is put for a reconsideration of the decision.

(a) The applicant must not fall for refusal under the general grounds for refusal.

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Tier 1 Entrepreneur- Applicants to Score 95 Points

The sub-paragraph 245DB(b) of Paragraph 245DB requires that a Tier 1 Entrepreneur Applicant needs to score 95 points.

Tier 1 Entrepreneur Main Applicant is required to score 75 points for Investment Funds or Tier 1 Entrepreneur Attributes, 10 points for English Language and 10 points for Maintenance Funds in terms with Appendix A, Appendix B and Appendix C of the Immigration Rules, respectively. (Also: Proof of Maintenance)

Here it is important to mention that scoring 10 points each for English Language and Maintenance Funds is quite straightforward; however, scoring 75 points for Investment Fund (Attributes) is quite subjective as an applicant needs to pass the genuine entrepreneur test to score the points, therefore, needs to satisfy the requirements of subparagraphs 245DB(f) or 245DB(i), a failure to do so will result in not awarding 75 points for attributes despite having the requisite funds in terms with Appendix A(Also: UK Visa Success Rate and Reasons for Refusal

(b) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.

(c) The applicant must have a minimum of 10 points under paragraphs 1 to 15 of Appendix B.

(d) The applicant must have a minimum of 10 points under paragraphs 1 to 2 of Appendix C.

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Tier 1 Entrepreneur- Additional Requirement for Tier 4 Migrant

(e) An applicant who has, or was last granted, leave as a Tier 4 Migrant and:

(i) is currently being sponsored by a government or international scholarship agency, or

(ii) was being sponsored by a government or international scholarship agency, and that sponsorship came to an end 12 months ago or less, must provide the unconditional written consent of the sponsoring Government or agency to the application and must provide the specified documents as set out in paragraph 245A above, to show that this requirement has been met.

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Tier 1 Entrepreneur- Genuine Intentions for Business Investment

(f) Where the applicant is being assessed under Table 4 of Appendix A, the Entry Clearance Officer must be satisfied that:

(i) the applicant genuinely intends and is able to establish, take over or become a director of one or more businesses in the UK within the next six months;

(ii) the applicant genuinely intends to invest the money referred to in Table 4 of Appendix A in the business or businesses referred to in (i);

(iii) that the money referred to in Table 4 of Appendix A is genuinely available to the applicant, and will remain available to him until such time as it is spent for the purposes of his business or businesses;

(iv) if the applicant is relying on one or more previous investments to score points, they have genuinely invested all or part of the investment funds required in Table 4 of Appendix A into one or more genuine businesses in the UK;

(v) that the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DC.

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Tier 1 Entrepreneur- Business Plan for a UK Business

(g) The applicant must provide a business plan, setting out his proposed business activities in the UK and how he expects to make his business succeed.

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Genuine Entrepreneur Test for Tier 1 Entry Clearance Applications

(h) In making the assessment in (f), the Entry Clearance Officer will assess the balance of probabilities. The Entry Clearance Officer may take into account the following factors:

(i) the evidence the applicant has submitted;

(ii) the viability and credibility of the source of the money referred to in Table 4 of Appendix A;

(iii) the viability and credibility of the applicant’s business plans and market research into their chosen business sector;

(iv) the applicant’s previous educational and business experience (or lack thereof);

(v) the applicant’s immigration history and previous activity in the UK; and

(vi) any other relevant information.

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Genuine Entrepreneur Test- Funds Already Invested in the UK

(i) Where the applicant has had entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant in the 12 months immediately before the date of application, and is being assessed under Table 5 of Appendix A, the Entry Clearance Officer must be satisfied that:

(i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant; and

(ii) the applicant has genuinely invested the money referred to in Table 5 of Appendix A into one or more genuine businesses in the UK to be spent for the purpose of that business or businesses; and

(iii) the applicant genuinely intends to continue operating one or more businesses in the UK; and

(iv) the applicant does not intend to take employment in the United Kingdom other than under the terms of paragraph 245DE.

(j) In making the assessment in (i), the Entry Clearance Officer will assess the balance of probabilities. The Entry Clearance Officer may take into account the following factors:

(i) the evidence the applicant has submitted;

(ii) the viability and credibility of the source of the money referred to in Table 5 of Appendix A;

(iii) the credibility of the financial accounts of the business or businesses;

(iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant;

(v) the credibility of the job creation for which the applicant is claiming points in Table 5 of Appendix A;

(vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and

(viii) any other relevant information.

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Tier 1 Entrepreneur- Request for Additional Information

(k) The Entry Clearance Officer reserves the right to request additional information and evidence to support the assessment in (f) or (i), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Entry Clearance Officer at the address specified in the request within 28 calendar days of the date of the request.

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No Points if an Application fails Genuine Entrepreneur Test

(l) If the Entry Clearance Officer is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.

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Tier 1 Entrepreneur- Reconsideration of the Decision

(m) The Entry Clearance Officer may decide not to carry out the assessment in (f) or (i) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.

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Tier 1 Entrepreneur- Applicants are Required to Attend Interview

(n) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Entry Clearance Officer to attend for interview.

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Tier 1 Entrepreneur- Min Age of the Main Applicant

(o) The applicant must be at least 16 years old.

(p) Where the applicant is under 18 years of age, the application must be supported by the applicant’s parents or legal guardian or by one parent if that parent has sole legal responsibility for the child.

(q) Where the applicant is under 18 years of age, the applicant’s parents or legal guardian, or one parent if that parent has sole legal responsibility for the child, must confirm that they consent to the arrangements for the applicant’s care in the UK.

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Tier 1 Entrepreneur- Criminal Record Certificate

(r) Where the applicant is 18 years of age or older, the applicant must provide either an original or scanned copy of a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months or more (whether continuously or in total) in the past 10 years, while aged 18 or over. This requirement does not need to be met where the Secretary of State is satisfied, by way of an explanation provided in or with the application, that it is not reasonably practicable for the applicant to obtain a certificate from the relevant authority.

(s) If the applicant has failed to provide a criminal record certificate or an explanation in accordance with sub-paragraph (r), the decision maker may contact the applicant or his representative in writing, and request the certificate(s) or explanation. The requested certificate(s) or explanation must be received at the address specified in the request within 28 calendar days of the date of the request.

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Tier 1 Entrepreneur Visa- Period and Conditions of Grant

Paragraph 245DC of the Immigration Rules explains that if the initial application for Tier 1 Entrepreneur is successful then a visa for a duration of three (3) years and four (4) months is issued to the applicant. Here it is important to add that in term with Paragraph 245D  an applicant has been granted Tier 1 Entrepreneur Visa for establishing, joining or taking over one or more than one business in the UK, therefore, the applicant is not entitled to Public Funds and the employment is limited to own business. Moreover, the applicant is required to register with the police in accordance with Paragraph 326 of the Immigration Rules. A Tier 1 Entrepreneur Migrant can undertake studies in the UK in terms of Part 15 of the Immigration Rules.

Paragraph 245DC of the Immigration Rules, Part 6A: the Points-Based System (PBS)

245DC. Period and Conditions of Grant

(a) Entry clearance will be granted for a period of 3 years and four months and will be subject to the following conditions:

(i) no recourse to public funds,

(ii) registration with the police, if this is required by paragraph 326 of these Rules, and

(iii) no employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business, and

(iv) no employment as a professional sportsperson (including as a sports coach).

(v) study subject to the condition set out in Part 15 of these Rules where the applicant is 18 years of age or over at the time their leave is granted, or will be aged 18 before their period of limited leave expires.

Related: Requirements for Tier 1 Entrepreneur Applications, Extensions and ILRAppendix B: English Language, and Appendix C: Maintenance Funds via Immigration Rules part 6A: the points-based system – Immigration Rules – Guidance – GOV.UK

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