Welcome to the Whizz Group new website - notification area, cookies?


24. In order to obtain entry clearance or leave to remain within Tier 1 (Entrepreneur) you must score enough points and send supporting evidence where appropriate.

25. Under Tier 1 (Entrepreneur), you must score: • at least 75 points for attributes (Appendix A of the Immigration Rules); • 10 points for English language (Appendix B of the Immigration Rules); and • 10 points for Maintenance (funds) (Appendix C of the Immigration Rules).

26. You will find explanations of some of the terms we use in Annex A.

Attributes for initial entry

27. Points available for attributes are in the table below. This table applies to you if you are seeking:

•entry clearance or leave to enter as a Tier 1 (Entrepreneur) migrant and did not have leave in this category within the last 12 months; and

•further leave to remain in the UK in this category when your previous permission to stay was given under a category other than Tier 1 (Entrepreneur) or one of the former Businessperson, or Innovator, categories, so you are switching categories.


Attributes: pass mark = 75 Points

Points available

(a) You have access to not less than £200,000, or (b) You have access to not less than £50,000 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 which is listed as endorsed on the UK Trade & Investment (UKTI) 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) You : (i) are applying for leave to remain, (ii) have, or were last granted, leave as a Tier 1 (Graduate Entrepreneur) migrant, and (iii) have access to not less than £50,000, or

(d) You: (i) are applying for leave to remain, (ii) have, or were last granted, leave as a Tier 1 (Post-Study Work) migrant, (iii) were, on a date no earlier than three months prior to the date of application,

(1) registered with HM Revenue and Customs (HMRC) as self-employed, or (2) registered a new business in which you are a director, or (3) registered as a director of an existing business,

(iv) are working in an occupation which appears on the list of occupations skilled to National Qualifications Framework (NQF) level 4 or above, as stated in the Codes of Practice in Appendix J of the Immigration Rules and the Codes of Practice for Tier 2 Sponsors published by the Home Office, and you provide the specified evidence in paragraph 41-SD. “Working” in this context means that the core service your business provides to its customers or clients involves the business delivering a service in an occupation at this level. It excludes any work involved in administration, marketing or website functions for the business. (v) have access to not less than £50,000.

The money is held in one or more regulated financial institutions The money is disposable in the United Kingdom Please see the relevant section below for more details.

25

25 25

English Language: pass mark = 10

Evidence to prove that you speak English to the required standard and meet the requirements explained in this guidance. Please see relevant section below for further details.

10

Maintenance: pass mark = 10

A certain amount of funds to support yourself (and any dependants) in the UK. Please see relevant section below for more details.

10

28.On 31 January 2013 the Immigration Rules changed to tackle abuse on this route, while leaving genuine entrepreneurs unaffected.

The changes are:

•Where we have concerns, we may ask you to demonstrate that the funds you have used to apply remain available to you beyond the date of your application. The funds must continue to be available to you until they are spent by your business or businesses. ‘Available to you’ means that the funds must be:

(1) in your own possession; or (2) available from the third party or parties named in your application (if

applicable); or (3) in the financial accounts of a UK incorporated business of which you

are the director.

If you are applying on or after 31 January, the declaration from your third party funds donor must confirm that the funds will remain available to you until they are transferred to you or to your business.

29.We may request further evidence or verify that the money will remain available and we will refuse your application if this evidence is not provided or if we cannot satisfactorily verify it. If your application is refused on other grounds we may not carry out the genuine entrepreneur test assessment, but if we reconsider the decision we may do the assessment then.

30. If you already have leave as a Tier 1 (Entrepreneur) migrant we may curtail your leave if the funds you have used to apply cease to be available to you (unless you have spent them in the establishment or running of your business or businesses). ‘Spent’ excludes spending on your own remuneration.

31.Money for investment can be shared by a team of a maximum of two entrepreneurs. Each team member may apply to come to the UK as a Tier 1 (Entrepreneur) using the same investment funds. Neither applicant must have used the same funds with any other applicant. Please note: you should provide all the documents needed for evidence with your own application. Your team member should also provide all the documents needed with their application. In some cases this means that your team will need to send two sets of documents. It will help in processing your application if you do not rely on information presented with anyone else’s application.

32.No points will be awarded for funds that are made available to anyone else, other than your entrepreneurial team member (if you have one).

33. Where this guidance refers to funding being available, unless stated otherwise, this means available to:

• You; or • Your entrepreneurial team members; or • Your business.

Where this guidance refers to your business, you must be registered as a director of that business in the UK, and provide a Companies House document showing the address of the registered office in the UK, or if there is no registered office, the head office in the UK, and your name as it appears on the application form as a director.


Section a: £200,000 funding

34.You or the entrepreneurial team must have £200,000 of your own money available to make a fresh investment into business in the UK. You should supply documentary evidence of the money in your/ each member of the entrepreneurial team’s name as specified in the ‘Immigration Rules and in the ‘Documents we require’ section below.

35.You or your entrepreneurial team can include money made available by other people (known as ‘a third party or parties’, and this can include money from your (or your entrepreneurial team member’s) husband, wife or partner). In this case you must also provide a declaration that the money is available to you and your entrepreneurial team member (if applicable), or to the business that you or your entrepreneurial team are running. You must provide a declaration from each contributor of funds, together with confirmation that the declarations are valid.

36.This money can be made up from money already invested in a UK business together with access to any balance of money needed to total £200,000.

Section b: £50,000 funding

37.You or the entrepreneurial team must have access to £50,000 or more from:

(i) one or more registered venture capital firms regulated by the FCA; (ii) one or more UK entrepreneurial seed funding competitions which is listed as endorsed on the UKTI website; or (iii) one or more UK Government Departments or Devolved Government Departments in Scotland, Wales or Northern Ireland, which is made available by the Department(s) for the specific purpose of establishing or expanding a UK business.

38.You must supply documentary evidence as specified in the Immigration Rules and in the ‘Documents we require’ section below. This will include a letter from each venture capital firm, seed funding competition, or UK Government Department or Devolved Government Department in Scotland, Wales or Northern Ireland, allowing you to use the funds, and evidence of the funds.

39.Funds from more than one of these sources may be combined to total the required £50,000.

40.You may not mix your personal or other third party funds with the funding from the venture capital firms, seed funding competitions and/or UK Government Departments/Devolved

Tier 1 (Entrepreneur) Policy Guidance version 10/2013 Page 9 of 53

Government Departments towards the £50,000. If you wish to mix the funding you will need to invest £200,000 into the UK business.

41.This money can be made up from funding obtained from the venture capital firm(s), Seed funding competitions and/or UK Government Department(s)/Devolved Government Departments already invested in business together with access to any balance of money from these sources needed to total £50,000.

42.If you have formed an entrepreneurial team with another applicant, the documents must confirm that the funds are available to both team members or your business.

Where this guidance refers to your business, you must be registered as a director of that business in the UK, and provide a Companies House document showing the address of the registered office in the UK (or if there is no registered office, the head office in the UK). The document must show your name (as it appears on the application form) and your team member’s name both listed as directors.

Your entrepreneurial team member must also qualify to use the same amount of investment if the total amount available to your entrepreneurial team is £50,000 or more. If the other team member does not also qualify for this level of investment, the total amount available to the team must be at £200,000 or more.

43. Only the following sources of funding will be accepted for this section. These are:

Registered venture capital firms regulated by the FCA: Venture capital is defined on the Gov UK website at www.gov.uk/. Venture capital firms must be regulated and listed as venture capital firms by the FCA to be considered for the award of points. The FCA website is at www. fca.org.uk/.

UK entrepreneurial seed funding competitions listed as endorsed on the UK Trade and Investment (UKTI) website: The list of competitions that have been endorsed for this purpose and can be considered for the award of points is given on the UKTI website on www.ukti.gov. uk.

UK Government Departments or Devolved Government Departments in Scotland, Wales and Northern Ireland, and made available by the Department(s) for the specific purpose of establishing or expanding a UK business: Where a UK Government Department or Devolved Government Department is providing all or some of the funds specifically for

the purpose of setting up or expanding a business in the UK, the funding package can be considered for the award of points. Please see www.gov.uk/ for information on UK Government Departments and Devolved Government Departments.

Section c: Leave as a Tier 1 (Graduate Entrepreneur) Migrant and £50,000 funding

44. You must be applying from within the UK and have last been granted leave as Tier 1 (Graduate Entrepreneur) migrant. You will not be asked to provide documentary evidence of this, we will use your travel document or passport and our records.

45.You must also have £50,000 of your own money available to make a fresh investment into business in the UK. You must supply documentary evidence of the funds as specified in the Immigration Rules and the ‘Documents we require’ section below.

46.You can include money made available by other people (known as ‘a third party or parties’) but you must also provide a declaration that the money is available to you or the business that you are running, from each contributor of funds, together with confirmation that the declarations are

valid. If you are relying on money held by your husband, wife or partner, they will be regarded as a third party.

47.This money can be made up from money already invested in business together with access to any balance of money needed to total £50,000.

48.If you have formed an entrepreneurial team with another applicant, the documents must confirm that the funds are available to both team members.

•Your entrepreneurial team member must also qualify to use the same amount of investment if the total amount available to your entrepreneurial team is £50,000 or more.

•If the other team member does not also qualify for this level of investment, the total amount available to your entrepreneurial team must be at £200,000 or more.

Section d: Leave as a Tier 1 (Post-Study Work) Migrant and access to £50,000

49. You must be applying from within the UK and have last been granted leave as a Tier 1 (Post- Study Work) migrant. You will not be asked to provide documentary evidence of this; we will use your travel document or passport and our records.

50.You must also have £50,000 of your own money available to make a fresh investment into business in the UK, and be established in business in the UK as a self-employed person or as a director.

i.

ii. iii.

iv.

Applying for leave to remain

You must be in the UK and be applying to switch to Tier 1 (Entrepreneur). You may not use section d (see the attributes table for initial applications) if you are applying for entry clearance or leave to enter.

Last granted leave as Tier 1 (Post-Study Work) migrant

You must have last had leave as a Tier 1 (Post-Study Work) migrant.

Registered with HM Revenue and Customs (HMRC) as self-employed; or registered as a director

You must have been registered as self-employed or a director of a business within the last 3 months before submitting your application as a Tier 1 (Entrepreneur). If you were registered earlier than this you will still need to provide evidence that you were registered in this period.

In an occupation skilled to graduate level

Other than the work necessary to administer the business, your main business activity must be working skilled to National Qualifications Framework (NQF) 4 or above. We will not take into account the tasks involved with the running of the business for this assessment.

For example • If the business is software sales and your main activity is developing software, you may

qualify for points; • If the business is a taxi firm, the main occupation is driving a taxi and you will not score

points even though you manage the business. Your main activity is providing a taxi service which is not skilled to graduate level.

Guidance on what is work skilled to NQF 4 or above, as stated in the Codes of Practice for Tier 2 Sponsors published by the Home office. Access to £50,000

You must also have at least £50,000 to invest in UK business. You must supply documentary evidence of the funds as specified in the Immigration Rules and in the ‘Documents we require’ section below

51.You can include money made available by other people (known as ‘a third party or parties’) but you must also provide a declaration that the money is available to you or the business that you are running, from each contributor of funds, together with confirmation that the declarations are valid. If you are relying on money held by your husband, wife or partner, they will be regarded as a third party.

52.This money can be made up from money already invested in business together with access to any balance of money needed to total £50,000.

53.If you have formed an entrepreneurial team with another applicant, the documents must confirm that the funds are available to both team members. Your entrepreneurial team member must also qualify to use the same amount of investment if the total amount available to your entrepreneurial team is £50,000 or more. If the other team member does not also qualify for this level of investment, the total amount available to the team must be at £200,000 or more.

– All applicants Funds already invested
54.You may not use the same funds to score points for your funds available for investment and for maintenance funds for yourself and any dependants.

55.If you have already legally established a business in the UK while under a different immigration category, you may use this investment to claim points if it satisfies the requirements. If all of the money needed has been invested, all of the points needed for attributes can be awarded (75 points).

56.The investment must have been made in the 12 calendar months before the date of application. Any investment made more than 12 months before your application will not be counted.

57.We recognise that, as an entrepreneur, you may have moved on to other activities and no longer be involved in the business in which you initially invested, but we still require this evidence to show that the money was invested.

58. The amount of money invested should not:

•include the value of any residential accommodation or property development, or property management; or

•be in the form of a director’s loan, unless it is unsecured and is subordinated in favour of the third-party creditors.

Tier 1 (Entrepreneur) Policy Guidance version 10/2013 Page 12 of 53

59.If you have bought property for your business which includes residential accommodation, we will not accept the value of this part of the property as investment in the business. The value of this part of the property should be deducted from the amount of your investment. You must provide an estimate of the value of this living accommodation from a surveyor who is a member of the Royal Institution of Chartered Surveyors (RICS). This valuation must be produced

and dated within the three months prior to the date of application. For more information on membership of RICS please see www.rics.org.

Money available for investment must be in a regulated financial institution

60.Confirmation of the money available to you must come from a financial institution that is regulated by the home regulator. The home regulator is an official financial regulatory body, in the country where the financial institution operates and the funds are located. The regulatory body must be appropriate for the type of financial transaction.

61. Money held in the UK must be held in an institution that is regulated by the FCA and the Prudential Regulation Authority (PRA). The PRA website is at www.bankofengland.co.uk/pra/ Pages/default.aspx.

62.We will not accept evidence of your money from a financial institution with which the Home Office is unable to make satisfactory verification checks. A list of financial institutions which do not satisfactorily verify financial statements can be found in Appendix P of the Immigration Rules and on our website at: www.ukba.homeoffice.gov.uk/sitecontent/documents/studying/ financial-institutions/ and in Appendix P of the Immigration Rues.

Money available for investment must be disposable in the UK

63.If the money is not held in the UK, all of the funds required must be freely transferable to the UK and able to be converted to pounds sterling.

64.Money held in an overseas account but in a financial institution that is regulated by the FCA/ PRA will satisfy this requirement.

65. Money held overseas in an institution that is not regulated by the FCA/PRA must have confirmation that the money can be transferred into the UK. This can be a document from your financial institution. Please note that if the institution holding the money does not have the same name as one listed by the FCA/PRA, evidence that the money can be transferred to the UK must be provided.

You should also read the English and maintenance sections of this guidance.

Attributes for extension applications

66. In order to obtain an extension to your leave to remain as a Tier 1 (Entrepreneur) migrant you must score enough points and send supporting evidence where appropriate.

67. Points available for attributes are in the table below. This table applies to you if your previous leave was as a

•Tier 1 (Entrepreneur) migrant, a Businessperson or Innovator in the 12 months immediately before the date of this application; or

•You are applying for leave to remain and have or were last granted, entry clearance, leave to enter or leave to remain as a Tier 1 (Entrepreneur) migrant, a Businessperson or an Innovator.

Attributes table for extension applications

Attributes: pass mark = 75 points

Points available

A. You have invested, or had invested on your behalf, not less than £200,000 (or £50,000 if, in your last grant of leave, you were awarded points for funds of £50,000) directly into one or more businesses in the UK.

20

B. You have:

• •

registered with HM Revenue & Customs (HMRC) as self-employed; or registered a new business in which you are a director; or

registered as a director of an existing business.

Where your last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) migrant, one of the above conditions must have been met within six months of the specified date. The specified date being either:

The date of your entry to the UK, where you were granted entry clearance as a Tier 1 (Entrepreneur) migrant and where there is evidence to establish your date of entry to the UK; or

The date of your grant of entry clearance, where you were granted entry clearance as a Tier 1 (Entrepreneur) migrant and where there is no evidence to establish your date of entry to the UK; or

The date of your grant of leave to remain, in any other case.

This does not apply where your last grant of leave prior to the grant of leave that you currently have was as a Tier 1 (Entrepreneur) migrant, a Businessperson or an Innovator.

20

C. You are engaged in business activity at the time of your application to extend your leave to remain and you provide the specified evidence to show that on a date no earlier than three months prior to the date of application, you were:

(a) registered with HMRC as self-employed, or (b) registered a new business in which you are a director, or (c) registered as a director of an existing business.

15

D. You have:

OR

•established a new business or businesses that has/have created the equivalent of at least two new full-time jobs for persons settled in the UK;

•taken over or invested in an existing business or businesses and your services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least two new full time jobs for persons settled in the UK.

Where your last grant of entry clearance or leave was as a Tier 1 (Entrepreneur) migrant, the jobs must have existed for at least 12 months for the period for which the previous leave was granted.

20

English language: pass mark = 10

Evidence to prove that you speak English to the required standard and meet the requirements explained in this guidance. Please see the relevant section below.

10

Maintenance: pass mark = 10

A certain amount of funds to support yourself (and any dependants) in the UK. Please see the relevant section below

10

68. You will find explanations of some of the terms we use in Annex A.

Entrepreneur teams

69.The money for investment can be shared by a team of up to two entrepreneurs. Each member of the team may work in the UK as a Tier 1 (Entrepreneur) using the same investment funds. A maximum of 2 people in an entrepreneurial team is allowed. Neither applicant must have used the same funds with any other applicant.

Section A: investment of funds

70.You must show that either the full amount of £200,000, or of £50,000 if appropriate, in cash has been invested in business in the UK. You must supply documentary evidence as specified in the Immigration Rules and the ‘Documents we require’ section below.

71.If you invested funds in the 12 months before you entered the category, you may have provided evidence of the funds as part of your last successful application. If so you do not need to provide that evidence again.

72.We recognise that, as an entrepreneur, you may have moved on to other activities and no longer be involved in the business in which you initially invested, but we still require this evidence to show that the money was invested.

73. If you entered the Tier 1 (Entrepreneur) category as part of an entrepreneurial team, both team members can use the same evidence for creating employment.

74.The amount of money invested should not: • include the value of any residential accommodation or property development, or

property management; or • be in the form of a director’s loan, unless it is unsecured and is subordinated in favour

of the third-party creditors.

75.If you have bought property for your business which includes residential accommodation, we will not accept the value of this part of the property as investment in the business. The value of this part of the property should be deducted from the amount of your investment. You must provide an estimate of the value of this living accommodation from a surveyor who is a member of the Royal Institution of Chartered Surveyors (RICS). This valuation must be produced

and dated within the three months prior to the date of application. For more information on membership of RICS please see www.rics.org.

Section B registered within six months of entering

76.You must have been registered as self-employed with HMRC, registered a new company in which you are a Director, or been registered as a Director of an existing company within the six months after entering the category (your specified date is defined in the glossary). You must meet the requirement if your previous leave was as a Tier 1 (Entrepreneur), and supply documentary evidence as specified in the Immigration Rules and the ‘Documents we require’ section below. You must provide this evidence even if you were registered as self-employed

Tier 1 (Entrepreneur) Policy Guidance version 10/2013 Page 15 of 53

or as a director before you entered the route. Your leave may be curtailed (removed) if you are found not to have fulfilled this requirement.

77.If your last grant of leave, prior to the grant of leave that you currently have, was as a Businessperson, or Innovator, you will not need to fulfil this requirement. These points will be awarded if you tick the appropriate box in the extension application form, and if you are registered at the time of your application to extend your leave (see section C below).

78.You must have been registered within six months of your specified date. If you wish your specified date to be the date you entered the UK you must provide evidence to establish this date. Otherwise the six months will be calculated from the date you were granted entry clearance or leave to enter the category. Evidence we will accept includes: Passport containing the Visa stamped on entry to the UK; flight tickets and boarding card, but where you can not provide either of these pieces of evidence you can supply other documents for consideration which prove the date you entered the UK.

79.We recognise that you may have moved on and no longer be engaged in the business in which you were originally working when you first entered the Entrepreneur category, but we still require evidence that you were engaged in business within six months of entering the route.

Section C registered when you apply for the extension

80.You must be engaged in business activity at the time of your application to extend your leave and provide the specified evidence to show that you were registered as self-employed, or as a director in the three months before you apply. You must supply documentary evidence as specified in the Immigration Rules and in the ‘Documents we require’ section below

81.You may change from being self-employed to being a Director, or from Director to self- employed, as long as you are engaging in business in the UK as one or the other.

82.The evidence must be dated within 3 months of making the application to extend your leave.

83.You may choose which evidence to supply if you have acted in both capacities, but we will only award points for one registration.

Section D job creation

84.If you have established new businesses, those businesses must have, between them, created the equivalent of two extra full-time paid jobs for at least two people who are settled in the UK and those jobs must have existed for at least 12 months each. You must supply documentary evidence as specified in the Immigration Rules and in the ‘Documents we require’ section below.

85.Where you have taken over or invested in an existing business, your services and investment must have resulted in the businesses providing, between them, the equivalent of two extra full-time jobs during the period when you held leave as a Tier 1 (Entrepreneur) migrant. These jobs must have been taken by people who are settled in the UK and those jobs must have existed for at least 12 months each.

86.We consider a 30-hour working week to be full-time. Part-time work can form part of the total number of hours of employment created.

87.If your previous leave, prior to the grant of leave that you currently have, was given under one of the former Businessperson or Innovator categories, you are only required to show that you have created two extra full-time jobs. You do not need to show that the employment has been

for 30 hours per week or for a continuous 12-month period.

88.If you are self-employed you must employ the workers directly. If you are a Director of a business you must show that your business has created two new posts.

89. If you entered the Tier 1 (Entrepreneur) route as part of an entrepreneurial team, both team members can use the same evidence for creating employment.

The employment created:

•does not need to be in a single period. It can be made up of shorter periods;

•does not need to be for any particular number of workers. A single person may be employed for this time, or several people; and.

•must comply with the UK regulations, including the working time directive.

90.Only employees of your business will qualify. Self-employed contractors who are working for your business will not qualify for the award of points.

91.EXAMPLES: We would consider the following as acceptable employment: • The working hours of two part-time workers can be combined to add up to 30 hours a

week or more and form the equivalent of one full-time post.

•A worker who is employed for part of a year and then leaves the job can be replaced by another worker so that the employment as a whole adds up to 12 months. However, if there is a gap between one worker leaving a post and another worker starting employment, the period when the post is not filled will not be counted. Only periods during which a worker is employed in a post will be considered.

•A single worker can be employed for 24 months. The employment can also be made up of a six-month period for one worker and an 18-month period for another.

•If four workers are employed for 26 weeks (six months) each, their hours of employment may be added together