Tier 1 Entrepreneur Extension Applications | Requirements

Tier 1 Entrepreneur Extension Applications

Requirements for Leave to Remain, Paragraph 245DD-DE

UK Visa Blog Immigration, Settlement, Refusal, Appeal Solicitors

Details of Paragraphs 245DD and 245DE of the Immigration Rules, Part 6A: the Points-Based System (PBS) Home Office, UK Government. Published on 29 February 2016 Updated on 2 May 2017

245DD. Requirements for Leave to Remain

To qualify for leave to remain as a Tier 1 (Entrepreneur) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, except that paragraph 322(10) shall not apply, and must not be an illegal entrant.

(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.

(e) The applicant who is applying for leave to remain must have, or have last been granted, entry clearance, leave to enter or remain:

  • (i) as a Highly Skilled Migrant,
  • (ii) as a Tier 1 (General) Migrant,
  • (iii) as a Tier 1 (Entrepreneur) Migrant,
  • (iv) as a Tier 1 (Investor) Migrant,
  • (v) as a Tier 1 (Graduate Entrepreneur) Migrant
  • (vi) as a Tier 1 (Post-Study Work) Migrant,
  • (vii)-(xix) DELETED
  • (xx) as a Tier 2 Migrant
  • (xxi) as a Tier 4 (General) Student and, in respect of such leave, is or was last sponsored by:
    • (1) a UK recognised body or a body in receipt of public funding as a higher education institution from the Department of Employment and Learning in Northern Ireland, the Higher Education Funding Council for England, the Higher Education Funding Council for Wales or the Scottish Funding Council; or
    • (2) an overseas higher education institution to undertake a short-term study abroad programme in the United Kingdom; or
    • (3) an Embedded College offering Pathway Courses, or
    • (4) an independent school,
  • (xxii) as a Tier 4 (Child) Student, or
  • (xxiii) a visitor who has been undertaking permitted activities as a prospective entrepreneur

(f) 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.

(g) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

(h) Where the applicant is being assessed under Table 4 of Appendix A, the Secretary of State must be satisfied that:

  • (i) the applicant genuinely:
    • (1) 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, or
    • (2) has established, taken over or become a director of one or more businesses in the UK and continues to operate that business or businesses; and
  • (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) 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 245DE.

(i) 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.

(j) In making the assessment in (h), the Secretary of State will assess the balance of probabilities. The Secretary of State 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;
  • (vi) where the applicant has already registered in the UK as self-employed or as the director of a business, and the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
  • (vii) any other relevant information.

(k) Where the applicant has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant and is being assessed under Table 5 of Appendix A, the Secretary of State 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.

(l) In making the assessment in (k), the Secretary of State will assess the balance of probabilities. The Secretary of State 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.

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

(n) If the Secretary of State 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.

(o) The Secretary of State may decide not to carry out the assessment in (h) or (k) 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.

(p) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.

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

(r) 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.

(s) 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.

245DE. Period, Conditions and Curtailment of Grant

(a) Leave to remain will be granted:

  • (i) for a period of 2 years, to an applicant who has, or was last granted, leave as a Tier 1 (Entrepreneur) Migrant,
  • (ii) for a period of 3 years, to any other applicant.

(b) Leave to remain under this route 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 or businesses which he 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.

(c) Without prejudice to the grounds for curtailment in paragraph 323 of these Rules, leave to enter or remain granted to a Tier 1 (Entrepreneur) Migrant may be curtailed if:

  • (i) within 6 months of the date specified in paragraph (d), the applicant has not done one or more of the following things:
    • (1) registered with HM Revenue and Customs as self-employed,
    • (2) registered a new company or partnership in which he is a director or member, or
    • (3) registered as a director or member of an existing business or partnership, or
  • (ii) the funds referred to in the relevant sections of Appendix A cease to be available to him, except where they have been spent for the purposes of his business or businesses.

(d) The date referred to in paragraph (c) is:

  • (i) the date of the applicant’s entry to the UK, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is evidence to establish the applicant’s date of entry to the UK,
  • (ii) the date of the grant of entry clearance to the applicant, in the case of an applicant granted entry clearance as a Tier 1 (Entrepreneur) Migrant where there is no evidence to establish the applicant’s date of entry to the UK, or
  • (iii) the date of the grant of leave to remain to the applicant, in any other case.