Attributes for Tier 1 Entrepreneur | Appendix A Immigration Rules

This relates to Attributes for Tier 1 Entrepreneur, which are explained in Paragraphs 35-53 of Appendix A Immigration Rules for scoring 75 Points for Entry Clearance, Leave to Remain and Indefinite Leave to Remain Applications. The attributes for Tier 1 Entrepreneur as explained in Appendix A Immigration Rules are:

Appendix A Immigration Rules: Paragraph 35-53

Attributes for Tier 1 Entrepreneur

Paragraph 35. An applicant applying for entry clearance, leave to remain or indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant must score 75 points for attributes.

Paragraph 36. (a) Subject to paragraph 37, available points for initial applications for entry clearance or leave to remain are as shown in Table 4, read in conjunction with the Notes.
(b) An applicant who is applying for leave to remain and has, or was last granted, leave as a Tier 4 Migrant will only be awarded points under (b)(ii) or (b)(iii) in Table 4.
(c) An applicant who is applying for leave to remain and has, or was last granted leave as a Tier 1 (General) Migrant will be awarded no points under (a) or (b)(i) in Table 4 unless, between a date before 6 April 2015 and the date of application, they have been continuously:

(i) engaged in business activity in the UK through one or more contracts for service between their own business and another business which is not their own (this must not amount to activity effectively as an employee pursuant to a contract of service);
(ii) registered with HM Revenue & Customs as self-employed, or registered with Companies House as a director of a new or an existing company or as a member of a new or an existing partnership, and
(iii) working in an occupation listed in the codes of practice in Appendix J and at Regulated Qualifications Framework skill level 4 or above and in so working, the applicant has been directly involved in the delivery of his business’ core service to its customers or clients. This excludes any work in administration, marketing or website functions for the business.

Paragraph 37. Available points are shown in Table 5 for extension applications for applicants who have entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) Migrant, or have had such leave in the 12 months immediately before the date of application.

Paragraph 38. Available points for applications for indefinite leave to remain are shown in Table 6.

Paragraph 39. (a) In all cases, an applicant cannot score points from any of the following:

(i) the same money being used to score points for maintenance funds for themselves or their dependants under Appendices C or E,
(ii) money made available from a third party, where the third party is another Tier 1 (Entrepreneur) Migrant, or that migrant’s business or close family member,
(iii) money invested in their business more than 12 months (or 24 months if the applicant was previously granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application which led to their first grant of leave as a Tier 1 (Entrepreneur) Migrant,
(iv) money invested in the form of a director’s loan unless it is unsecured and subordinated to other creditors’ loans to the business, or
(v) investment in any residential accommodation, property development or property management, meaning:

(1) any development of property owned by the applicant or their business to increase the value of the property with a view to earning a return either through rent or a future sale or both, or
(2) management of property (whether or not it is owned by the applicant or their business) for the purposes of renting it out or resale.
For the avoidance of doubt, (v) requires that the business income is generated from the supply of goods and/or services, and not derived from the increased value of property or any income generated from property, such as rent.

(b) Points will only be awarded for an applicant’s business if it is a UK business.
(c) A business will be considered to be a UK business if the applicant provides the specified evidence in this Appendix to show that:

(i) it is trading within the UK economy,
(ii) it has its registered office in the UK, or, in the case of multinational companies with no UK registered office, its head office in the UK, except where the applicant is registered with HM Revenue & Customs as self-employed and does not have a business office,
(iii) it has a UK bank account, and
(iv) it is subject to UK taxation.

(d) Points will not be awarded for being the director of a UK business or member of a UK partnership if the applicant is on Companies House’s list of disqualified directors.
(e) Where evidence from an accountant is required, it will only be accepted if the accountant:

(i) is not the applicant,
(ii) has prepared and signed off the accounts in accordance with all relevant statutory requirements,
(iii) has a valid licence to practice or practising certificate, and
(iv) is a member of at least one of the following:

(1) the Institute of Chartered Accountants in England and Wales,
(2) the Institute of Chartered Accountants in Scotland,
(3) the Institute of Chartered Accountants in Ireland,
(4) the Association of Chartered Certified Accountants,
(5) the Association of Authorised Public Accountants,
(6) the Chartered Institute of Public Finance and Accountancy,
(7) the Institute of Financial Accountants,
(8) the Chartered Institute of Management Accountants,
(9) the Association of International Accountants, or
(10) the Association of Accounting Technicians.

(f) Where personal or business bank statements are required:

(i) The bank or building society must be based in the UK and regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA).
(ii) Each statement must be on the institution’s official stationery showing the institution’s name and logo, and confirm the applicant’s name (and, where relevant, the applicant’s entrepreneurial team partner’s name), the account number and the date of the statement.
(iii) Each statement must have been issued by an authorised official of that institution.
(iv) If the statements are printouts of electronic statements, they must either be accompanied by a supporting letter from the institution, on its headed paper, confirming the authenticity of the statements, or bear the official stamp of the institution on each page of the statement.

(g) Further notes to accompany Table 4 appear below Table 4.
(h) Further notes to accompany Tables 5 and 6 appear below Table 6.

Table 4 Points Scoring for Entry Clearance

Table 4: Initial applications as referred to in paragraph 36
Row Investment and business activity Points
1 (a) At least £200,000 is available to the applicant or their business, or has been invested in their business due to their activity, or

(b) At least £50,000 is available to the applicant or their business, or has been invested in their business due to their activity, from:

(i) one or more registered venture capital firms regulated by the Financial Conduct Authority (FCA),

(ii) one or more UK Entrepreneurial seed funding competitions listed as endorsed on the Department for International Trade pages of the GOV.UK website, or

(iii) one or more UK Government Departments, or Devolved Government Departments in Scotland, Wales or Northern Ireland, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business, or

(c) At least £50,000 is available to the applicant or their business, or has been invested in their business due to their activity, and the applicant:

(i) is applying for leave to remain, and

(ii) has, or was last granted, leave as a Tier 1 (Graduate Entrepreneur) Migrant.

25
2 The money is held in one or more financial institutions, which are regulated by the appropriate regulatory body for the country in which they operate. 25
3 The money is disposable in the UK.
If the applicant is applying for leave to remain, the money must be held in the UK.
25

Available money: notes

Paragraph 40. (a) Available money must be cash, not Individual Savings Accounts or other assets such as stocks and shares.
(b) Where multiple documents are provided, they must show the total amount required is available on the same date.
(c) The money must either be held in a UK regulated financial institution or be transferable to the UK and convertible to sterling.
(d) If the money is available to the applicant’s business, rather than to the applicant themselves, the business must be a company or partnership and the applicant must be registered as a director, in the case of a company, or member, in the case of a partnership.
(e) The money must remain available to the applicant or their business until it is spent for the purposes of the applicant’s business(es). The Secretary of State reserves the right to request further evidence or otherwise verify that the money will remain available, and to refuse the application if this evidence is not provided or cannot be satisfactorily verified.
(f) Applicants may only score points from one of (a), (b) or (c) in Table 4. They cannot use funds other than those in (b) to meet the £50,000 funding threshold in (b).
(g) Money is disposable in the UK if all of the money is held in a UK based financial institution and free from sanctions or if the money is freely transferable to the UK and convertible to sterling. Funds in a foreign currency will be converted to pounds sterling (£) using the spot exchange rate which appeared on www.oanda.com on the date of application.
(h) No points will be awarded where the money is held in a financial institution with which the Home Office is unable to make satisfactory verification checks, as stated in Appendix P.

Available money: specified documents

Paragraph 41 (a) If all or part of the money has not yet been invested in the applicant’s business, the applicant must provide all of the specified documents set out in the relevant row of Table 4A below. If the applicant is claiming points for available money from more than one source, the applicant must provide the specified documents for each row which applies.

Table 4A: Specified documents showing available money
Row Available money Specified documents (see descriptions below table)
1 Money available from a seed funding competition or a UK or Devolved Government Department, as set out in Table 4 (i)
2 Money available from a venture capital firm, as set out in Table 4 All of (ii)-(v) and (vii)
3 Money available from a third party, other than those in rows 1 and 2 above, where the money is still held by the third party All of (vi)-(viii)
4 Money held by the applicant for less than 90 consecutive days, ending no earlier than 31 days before the date of application, where the source of that money is other than those in row 1 above. (vi) and (vii), and, either (ix) or (x) as appropriate
5 Money held by the applicant for at least 90 consecutive days, ending no earlier than 31 days before the date of application Either (ix) or (x) as appropriate

Specified documents:

(a)(i) A letter confirming the amount of money available to the applicant, the entrepreneurial team or the applicant’s business from the seed funding competition or a UK or Devolved Government Department. The letter must be from an authorised official of that organisation or, in the case of a UK or Devolved Government Department, a letter from an authorised official of an intermediary public body providing it confirms that it has been authorised to award funds from that Department for the specific purpose of establishing or expanding UK businesses.

(ii) A letter from a director, partner or fund manager of the venture capital firm, which includes:

(1) confirmation of the amount of money available to the applicant, the entrepreneurial team or the applicant’s business from the organisation,

(2) a statement providing detailed information on the strategy, structure and financial exposure of the fund,

(3) a statement detailing the rationale for the investment, providing specific information about the circumstances which led to the investment decision,

(4) a statement confirming that the business/proposed business is a genuine and credible proposition, and

(5) confirmation that the venture capital firm is registered with the Financial Conduct Authority (FCA) and its entry in the register includes a permission to arrange, deal in or manage investments, or to manage alternative investment funds.

(iii) A copy of the completed term sheet for the investment, signed by all parties to the transaction, which must include details of the company valuation, company structure, founder and investor rights, the structure of funding and the type of security being taken.

(iv) A breakdown of the technical, legal, commercial and financial due diligence conducted by the venture capital firm in support of the investment.

(v) A letter from an accountant, validating the financial condition of the fund.

(vi) An original written declaration from each third party that they have made the money available to invest in the applicant’s business in the UK, containing:

(1) the names of the third party and the applicant (and their entrepreneurial team partner’s name where relevant), or the name of the applicant’s business,

(2) the date of the declaration,

(3) the applicant’s signature and the signature of the third party (and the signature of the applicant’s entrepreneurial team partner where relevant),

(4) the amount of money available in pounds sterling,

(5) the relationship(s) of the third party to the applicant,

(6) if the third party is another business in which the applicant is self-employed or a director, evidence of the applicant’s status within that business and that the applicant is the sole controller of that business’s finances, or, where the applicant is not the sole controller, the letter must be signed by another authorised official of that business who is not the applicant, and

(7) confirmation that the money will remain available until such time as it is transferred to the applicant, the entrepreneurial team or the applicant’s business.

(vii) A letter (or letters) from one or more legal representatives, who are not the applicant or the third party, which confirm(s) that all letters and declarations in (ii)-(vi) and (viii) (where required) contain the genuine signatures of the required signatories. The letter(s) must clearly show the registration or authority of the legal representative to practise legally in the country where the third party or the money is.

(viii) A letter from each financial institution holding the funds, issued by an authorised official of that institution, confirming in each case the amount of money that the third party intends to make available, and that the institution is not aware of the third party having promised to make that money available to any other person available.

(ix) For money held outside the UK, a letter from each financial institution holding the funds, issued by an authorised official of that institution, confirming the minimum balance available from the applicant’s own funds held in that institution on the date of the letter and, in the case as described in row 5 of Table 4A, during a consecutive 90-day period of time ending on the date of the letter.

(x) For money held in the UK, recent original personal bank or building society statements, with the most recent statement being dated no earlier than 31 days before the date of application, which taken altogether show that the relevant required sum of available money is held in the account(s) on the date of the most recent statement(s). In the case described in row 5 of Table 4AA, the statements must show the sum has been held for a consecutive 90 day period of time immediately before the date of the statement.

(b) Each letter referred to in (a)(i)-(ii), (v) and (vii)-(ix) above must:

(1) be an original document and not a copy,

(2) be on the organisation’s official headed paper,

(3) be dated no earlier than three months (in the case of (i), (ii), (v) and (vii)), or 31 days (in the case of (viii) and (ix)), immediately before the date of application,

(4) state the applicant’s name, and their entrepreneurial team partner’s name where relevant, or the name of the applicant’s business,

(5) include the contact details of the person or (where relevant) an official of the organisation issuing the letter

(6) include (where relevant) the name of the third party providing the money, including their full address, postal code, telephone contact number and any email address,

(7) in the case of (vii), include the number of the third party or their authorised representative’s identity document (such as a passport or national identity card), the place of issue and dates of issue and expiry, unless the third party is a venture capital firm.

(8) in the case of (viii)-(ix), show the account number,

(9) in the case of (viii)-(ix), confirm that the financial institution is regulated by the appropriate body and, if not regulated by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA), that the money can be transferred into the UK.

Paragraph 42. If the money is available to the applicant’s business, rather than to the applicant themselves, the applicant must also provide a Companies House document showing the address of the business’s registered office in the UK, or head office in the UK if it has no registered office in the UK, and that the applicant is a director, in the case of a company, or member, in the case of a partnership.

Paragraph 43. If all or part of the money has been invested in the applicant’s business, the applicant must provide:

(a) all of the specified documents required in paragraph 45 to show the amount of money invested, and

(b) all of the specified documents required in paragraph 48 to show that the applicant has established a new UK business or joined or taken over an existing UK business, in which the money was invested.

Switching from Tier 1 (General): additional specified evidence

Paragraph 44. In addition to the evidence of available money, if the applicant is applying for leave to remain, and has, or was lasted granted, leave as a Tier 1 (General) Migrant, they must also provide all of the following evidence to show that they meet the additional requirements set out in paragraph 36(c):

(a) the applicant’s job title and a summary of their job description;
(b) the Standard Occupational Classification (SOC) code(s) of the occupation(s) that the applicant has been continuously working in between a date before 6 April 2015 and the date of application. These must appear on the lists of occupations shown in Tables 1 to 3 of the Codes of Practice in Appendix J;
(c) one or more of the following, to show that the business was active before 6 April 2015 and remained active on a date no earlier than three months before the date of application:

(i) dated advertising or marketing material, including printouts of online advertising other than on the business’s own website, that has been published locally or nationally and showing the name of the business and the business activity,
(ii) dated printouts from the business’s website detailing the service or product provided by the applicant’s business (the applicant may only rely on this option if they (or their entrepreneurial team member, or their business) own the domain name of the website and submit evidence to this effect; if not, they must provide one of the other types of evidence instead),
(iii) dated article(s) or online links to dated article(s) in a newspaper or other publication showing the name of the business together with the business activity,
(iv) dated information from trade fair(s), at which the applicant has had a stand or given a presentation to market their business, showing the name of the business together with the business activity,
(v) personal registration with a UK trade body linked to the applicant’s occupation;

(d) as many as is necessary of the following to show that the business was trading continuously between a date before 6 April 2015 and a date no earlier than three months before the date of application:

(i) contract(s) for service, which must:

(1) be original or, if not, be signed by the applicant on each page,
(2) state the name of the applicant’s business and the products or services it provides,
(3) state the name of the other party or parties involved in the contract and their contact details, including their full address, postal code, telephone contact number and any email address, and
(4) confirm the duration of the contract or, if it is a rolling contract with no defined end date, confirm when this arrangement began and enclose a letter from the customer or their representative confirming that the contract has not been terminated, dated no earlier than three months before the date of application,

(ii) one or more original letters from UK-regulated financial institutions with which the applicant has a business bank account, on the institution’s headed paper, confirming the dates the business was trading;

(e) as many as is necessary of the following to show that the applicant was continuously registered as either self-employed, a director of a UK company and/or a member of a UK partnership between a date before 6 April 2015 and a date no earlier than three months before the date of application:

(i) if the applicant is or was self-employed, evidence to demonstrate that they have registered with HM Revenue & Customs,
(ii) if the applicant is or was a director of a UK company or member of a UK partnership, printouts of Companies House documents showing all of the following:

(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) the applicant’s name, as it appears on the application form, as a director or member,
(3) the date of the applicant’s appointment as a director or member, and
(4) that the business is actively trading (not dormant, struckoff, dissolved or in liquidation),

(iii) if the applicant was previously a director of a different UK company or member of a different UK partnership from that in (ii) above, a printout from Companies House of the applicant’s appointment history, as well as a printout of the company or partnership’s filing history page;

(f) the following evidence that the business has continuously held a UK bank account or bank accounts of which the applicant is or was a signatory, between a date before 6th April 2015 and a date no earlier than three months before the date of application:

(i) if the applicant is or was self-employed, a personal or business bank statement, showing business transactions, or a letter from a UK bank, on its headed paper, confirming that the applicant has had a business and has acted through that bank for the purposes of that business, or
(ii) if the applicant is or was a director of a company, or member of a partnership, a statement from the business’s UK bank account which shows business transactions, or a letter from a UK bank, on its headed paper, confirming that the company or partnership has had a bank account, the applicant has been a signatory of that account, and the company or partnership uses that account for the purposes of the applicant’s business;

(g) the following evidence from HM Revenue & Customs, showing that the business has continuously been subject to UK taxation and has continuously been actively trading (not dormant, struck-off, dissolved, or in liquidation) between a date before 6th April 2015 to a date no earlier than three months before the date of application:

(i) if the applicant is or was self-employed as a sole trader or a member of a UK partnership, evidence that they are or were making tax returns within the self-assessment tax system, or
(ii) if the applicant is a director of a UK company, evidence which confirms the company is or was registered for corporation tax.

75 Points Scoring: Extension Applications

Table 5: Extension applications as referred to in paragraph 37
Row Investment, business activity and job creation Points
1 The applicant has invested or has caused investment to be made by one or more third parties, totalling at least £200,000 (or £50,000 if they were awarded points for £50,000 funding or investment in their last grant of leave) in cash directly into one or more UK businesses.

The applicant does not need to provide evidence of this investment if they were awarded points under Table 5 in their last grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant.

20
2 The applicant has:

(a) registered with HM Revenue & Customs as self-employed, or

(b) registered with Companies House as a director of a UK company, or member of a UK partnership.
The applicant must have registered as above within 6 months of entering the UK (if they were most recently granted entry clearance and there is evidence to establish their date of entry) or, in any other case, within 6 months of the date on which the most recent leave was granted.

20
3 Within the three months before the date of application, the applicant was:

(a) registered with HM Revenue & Customs as self-employed, or

(b) registered with Companies House as a director of a UK company or member of a UK partnership.

15
4 The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers, or

(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full time jobs for settled workers.

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave as a Tier 1 (Entrepreneur) Migrant or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

20

75 Points Scoring: Indefinite Leave to Remain

Table 6: Applications for indefinite leave to remain as referred to in paragraph 38
Row Investment, business activity and job creation Points
1 The applicant has invested or has caused investment to be made by one or more third parties, totalling at least £200,000 (or £50,000 if they were awarded points for £50,000 funding or investment in their last grant of leave) in cash directly into one or more UK businesses.

The applicant does not need to provide evidence of this investment if they were last granted entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant, having been awarded points under Table 5.

20
2 The applicant was:

(a) registered with HM Revenue & Customs as self-employed, or

(b) registered with Companies House as a director of a UK company or member of a UK partnership.

The above requirement must have been met:

(i) within 6 months of entering the UK (if they were most recently granted entry clearance and there is evidence to establish their date of entry) or, in any other case, within 6 months from the date the most recent leave was granted, and

(ii) within the three months before the date of application.

The applicant does not need to provide evidence of (i) if they were last granted entry clearance or leave to remain as a Tier 1 (Entrepreneur) Migrant, having been awarded points under Table 5.

20
3 The applicant has:

(a) established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers, or

(b) taken over or invested in an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full time jobs for settled workers.

The jobs must have existed for at least 12 months during the applicant’s most recent grant of leave or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of application.

20
4 (a) The applicant has spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 (Entrepreneur) Migrant, or

(b) The applicant has spent a continuous period of 3 years lawfully in the UK as a Tier 1 (Entrepreneur) Migrant, and has:

(i) created the equivalent of at least 10 (including the two jobs already relied upon to score points under row 3) new full time jobs which meet the requirements in row 3 above, or

(ii) established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period, or

(iii) taken over or invested in an existing UK business or businesses and the applicant’s services or investment have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year period immediately before the date the applicant became involved with the business.

15

Investment: specified documents

Paragraph 45. The applicant must provide their business accounts and accompanying evidence of their investment, which must meet the following requirements:
(a) if the applicant’s business is legally required to produce audited accounts, the audited accounts must be provided;
(b) if the applicant’s business is not legally required to produce audited accounts, unaudited accounts and an accounts compilation report must be provided from an accountant;
(c) the audited or unaudited accounts must show the investment in money made directly in the business by:

(i) the applicant, in their own name,
(ii) one or more seed funding competitions or UK or Devolved Government Departments, as set out in Table 4, and the accounts must be accompanied by a letter from the source, confirming that the investment was made on the applicant’s behalf, or
(iii) a third party other than those in (ii), and the accounts must either:

(1) confirm that the investment was made as a result of the applicant’s activity, or
(2) be accompanied by a letter from the Department for International Trade, confirming that the investment was made as a result of the applicant’s activity;

(d) if the applicant has made the investment in the form of a director’s loan:

(i) it must be shown in the relevant set of accounts provided,
(ii) where the investment was made after 19 November 2015, the investment must be shown through readily identifiable transactions in the applicant’s business bank statements, which must clearly show the transfer of this money from the applicant to their business, and
(iii) the applicant must provide a legal agreement, between the applicant (in the name that appears on their application) and the business, showing:

(1) the terms of the loan,
(2) any interest that is payable,
(3) the period of the loan, and
(4) that the loan is unsecured and subordinated to other creditors’ loans to the business;

(e) if the applicant has made the investment in the form of share capital, the accounts must show the shareholders, the amount and value of the shares (on the date of purchase) in the applicant’s name as it appears on their application. If the value of the applicant’s share capital is not shown in the accounts, then a printout of the company’s register of members from Companies House must be provided;
(f) the accounts must clearly show the name of the accountant, the date the accounts were produced, and how much the applicant has invested in the business;
(g) if the applicant is claiming points for investment from a venture capital firm, they must also provide an original, dated letter from the venture capital firm, on its headed paper, confirming:

(i) the applicant’s name,
(ii) the date(s) the money was transferred to the applicant or invested in their business, and
(iii) that the venture capital firm was registered with the Financial Conduct Authority on the date(s) in (ii) above;

(h) if the applicant is claiming points for investing £50,000 from a seed funding competition, a UK or Devolved Government Department, or a venture capital firm, and has not been awarded points for those funds in a previous application, they must also provide the specified evidence in Table 4A above as evidence of the source of the funds (except that the letters referred to in paragraph 41(a)(i) and (ii) do not need to be dated within the three months immediately before the date of the application);
(i) if the applicant has bought property as part of their business investment, the value of any residential accommodation cannot be included. The applicant must provide an estimate of the value of the residential accommodation if it is part of the premises also used for the business. The valuation must be from a surveyor who is a member of the Royal Institution of Chartered Surveyors, and dated within the three months before the date of application.

Business activity: notes

Paragraph 46. A business will only be considered to be a “new” business for the purposes of paragraph 43 and Tables 5 and 6 if it was established by the applicant no earlier than 12 months (or 24 months if the applicant was previously granted leave as a Tier 1 (Graduate Entrepreneur) Migrant) before the date of the application which led to the applicant’s first grant of leave as a Tier 1 (Entrepreneur) Migrant.

Business activity: specified documents

Paragraph 47. The applicant must provide the following specified documents, showing that they obtained the necessary business registration within the 6 month period referred to in Table 5 or 6:
(a) if the applicant was self-employed, evidence of their registration with HM Revenue & Customs;
(b) if the applicant was a director of a UK company or member of a UK partnership, a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing the date of their appointment as a director or member.

Paragraph 48. The applicant must provide the following specified documents to show that they have established a new UK business or joined or taken over an existing business, and that they are engaged in business in the UK when they make their application:
(a) if the applicant is self-employed, they must provide:

(i) evidence of their registration with HM Revenue & Customs to show that their business is based in the UK, and such evidence is dated no earlier than three months before the date of application,
(ii) HM Revenue & Customs evidence that the applicant is making tax returns within the self-assessment tax system, and
(iii) a personal bank statement showing transactions for their business, or a business bank statement, or a letter from a UK- regulated financial institution, on the institution’s headed paper, confirming that the applicant has a business and acts through that bank for the purposes of that business;

(b) if the applicant is a director of a UK company or member of a UK partnership, they must provide:

(i) printouts of Companies House documents, dated no earlier than three months before the date of the application, showing all of the following:

(1) the address of the registered office in the UK, or head office in the UK if it has no registered office,
(2) the applicant’s name, as a director or member,
(3) the date of the applicant’s appointment as a director or member, and
(4) that the business is actively trading (not dormant, struck-off, dissolved or in liquidation),

(ii) evidence from HM Revenue & Customs confirming that the company is registered for corporation tax (if the applicant is a director of a company) or that the applicant is making tax returns within the self-assessment tax system (if the applicant is self-employed), and
(iii) a business bank statement from a UK account which shows business transactions, or a letter from the UK bank in question, on its headed paper, confirming that the company or partnership has a bank account, that the applicant is a signatory of that account, and that the company or partnership uses that account for the purposes of their business.

Job creation: notes

Paragraph 49. (a) A full time job is one involving at least 30 hours of paid work per week.
(b) “The equivalent of” a full time job means two or more part time jobs that add up to 30 hours per week, if each of the jobs exist for at least 12 months. However, one full time job of more than 30 hours of work per week will not count as more than one full time job.
(c) A job may count even if it does not last 12 consecutive months (for example it lasts for 6 months in one year and 6 months the following year) provided that it is the same job.
(d) The jobs need not exist on the date of application, provided that they existed for at least 12 months as specified in Table 5 (row 4) and Table 6 (row 3).
(e) Different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month job. The only exception is where the applicant successfully applied as a Tier 1 (Entrepreneur) Migrant before 6 April 2014, has had continuous leave as a Tier 1 (Entrepreneur) Migrant since then, and the date of application for entry clearance, leave to remain or indefinite leave to remain is before 6 April 2019.
(f) If jobs are being combined the employees being relied upon must be clearly identified by the applicant in their application.
(g) The jobs must comply with all relevant UK legislation including, but not limited to, the National Minimum Wage Regulations in effect at the time and the Working Time Regulations 1998.

Job creation: specified documents

Paragraph 50. If the applicant is required to score points for job creation in Table 5 or Table 6, they must provide all of the following specified documents:
(a) printouts of Real Time Full Payment Submissions showing that the applicant complied with Pay As You Earn (PAYE) reporting requirements to HM Revenue & Customs in respect of each relevant settled worker as legally required, and has done so for the full period of employment used to claim points. These must show every payment made to each settled worker as well as any deductions;
(b) duplicate payslips or wage slips for each settled worker used to claim points, covering the full period(s) of the employment for which points are being claimed;
(c) confirmation of the employment start date, hours paid per pay period and the hourly rate for each settled worker relied upon, including any changes to the same and the dates of those changes;
(d) copies of any of the following documents which demonstrate that each employee has settled status in the UK:

(i) the biometric data page of a British or EEA passport, showing the photograph and personal details of the employee,
(ii) a birth certificate, showing the employee was born in the UK and Colonies before 1 January 1983,
(iii) if the employee was born in the UK on or after 1 January 1983, a birth certificate, together with documentation, such as a passport or naturalisation certificate, which confirms one of their parents had settled status in the UK when the employee was born, and additionally, if the parent is the employee’s father, a marriage certificate to the mother,
(iv) if the employee is an EEA national, a UK registration certificate/permanent residence document,
(v) if the employee is the spouse of an EEA national, the biometric data page of their passport, showing their photograph and personal details, or a residence card, and any of the documents in (i) or (iv) above which relate to the EEA national, together with their marriage certificate to the EEA national, or
(vi) if the worker is an overseas national with settled status in the UK, the biometric data page of their passport containing their photograph and personal details, and the pages where a UK Government stamp or an endorsement appear, or a biometrics residence permit, or official documentation from the Home Office which confirms their settled status in the UK;

(e) if the applicant was self-employed at the time a settled worker was employed by their business, the specified documents in paragraph 48(a) above showing the dates that the applicant became registered with HMRC as self-employed, with the bank statements referred to in 48(a)(iii) showing all the payments made to the settled worker in the full period of employment used to claim points, and the address of the business;
(f) if the applicant was a director of a UK company or member of a UK partnership at the time the settled worker was employed by their business, a printout from Companies House of the company’s filing history page and of the applicant’s personal appointments history, showing this;
(g) if the applicant took over or joined a business, they must provide an original signed and dated letter from an accountant, showing:

(i) the name and contact details of the business,
(ii) the applicant’s status in the business,
(iii) the number of jobs created in the business and the hours paid in each of the jobs,
(iv) the start dates and end dates (where applicable) of the jobs relied upon,
(v) the registration or permission of the accountant to operate in the UK,
(vi) confirmation that the business did not employ any workers before the applicant took over or joined it, if relevant and
(vii) confirmation that the accountant will verify the contents of the letter to the Home Office on request;
This applies regardless of how long the business existed for before the applicant took over or joined it;

(h) if the business referred to in (g) employed workers before the applicant took over or joined it, they must also provide the following documents for the year immediately before the applicant joined the business and the years that the jobs were created, showing the net increase in employment and signed and dated by the applicant:

(i) duplicate Real Time Full Payment Submissions sent to HM Revenue & Customs, or
(ii) if the business started employing settled workers for whom points are being claimed, before reporting under Real Time, a form P35.

Settlement on the basis of £5 million business activity: specified documents

Paragraph 51. (a) Where Table 6 applies and the applicant is relying on the business activity of a new UK business or businesses, they must provide audited (if the business is legally required to produce audited accounts) or unaudited accounts which show the gross income resulting from the business’ activities and that this reached at least £5 million.
(b) Where Table 6 applies and the applicant is relying on business activity from an existing UK business which they have taken over or invested in, they must provide both of the following:
(i) audited accounts (if the business is legally required to produce audited accounts) or unaudited accounts clearly showing:
(1) the name of the accountant,
(2) the date the accounts were produced,
(3) the gross income from business activity for the 3 year period immediately before the date on which the applicant became involved with the business, and
(4) a net increase of at least £5 million in gross income from business activity during the three year for which the applicant is claiming points under Table 6, row 4;
(ii) an original, signed and dated accountant’s letter, confirming:
(1) the name and contact details of the business,
(2) an explanation of the applicant’s status in the business,
(3) the net increase in business activity,
(4) the registration or permission of the accountant to operate in the United Kingdom, and,
(5) that the accountant will verify the content of the letter to the Home Office on request.

Entrepreneurial teams: notes

Paragraph 52. Two applicants, but no more than two applicants, may claim points for the same investment, available funds, jobs created and business activity in Tables 4, 5 or 6 provided all of the following requirements are met:
(a) The applicants have equal level of control over the funds and (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.

Paragraph 53. (a) No points will be awarded for money that is made available to any individual other than the applicant, except:

(i) under the terms of paragraph 52 above; or
(ii) where the money is held in a joint account with the applicant’s spouse, civil partner or partner (defined as 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), and that spouse or partner is not (and is not applying to be) another Tier 1 (Entrepreneur) Migrant.

(b) No points will be awarded for investment, job creation and business activity shared with another Tier 1 (Entrepreneur) applicant, except under the terms of paragraph 52 above.
(c) If the applicant is not the sole member or director in their business, they must provide confirmation of:

(i) the names of the other members or directors,
(ii) whether any of the other members or directors are also Tier 1 (Entrepreneur) Migrants, and
(iii) if so:

(1) the dates they became members or directors,
(2) whether they are applying under the provisions in paragraph 52 above, and
(3) 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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