Extension Of Tier 1 Entrepreneur Visa UK

If you are currently in the UK on a Tier 1 Entrepreneur visa and do not yet qualify for Indefinite Leave to Remain (ILR) under this visa, you may apply for an extension. You must submit your application to extend your Tier 1 Entrepreneur visa within 28 days before the expiration of your current leave to remain status. Note that applications for Tier 1 Entrepreneur visa extensions can only be made through the Standard Service, as the Home Office UKVI does not offer Priority or Super Priority services for these applications. Typically, the Home Office UKVI takes 3 to 6 months to process a Tier 1 Entrepreneur visa extension application.

Although the Tier 1 Entrepreneur visa route has been closed to new applicants, individuals already holding this visa can apply for an extension up until 6 April 2023. If you transitioned from a Tier 1 (Graduate Entrepreneur) visa to a Tier 1 Entrepreneur visa, you can apply for an extension up to 6 July 2025.

To qualify for an extension, applicants must have invested the required funds, either £50,000 or £200,000, and created at least two full-time jobs for settled workers in their UK business for a period of at least 12 months.

Aden & Co Solicitors specialize in UK immigration law, providing expert legal advice and representation for visa extension applications. With our highly qualified and experienced team of immigration solicitors, we offer comprehensive services tailored to your needs. Our commitment to excellence is reflected in the consistently high ratings from our clients, as evidenced by 5-star Google Reviews.

Our team of immigration solicitors in London offers fixed-fee legal services for Tier 1 Entrepreneur visa extension applications. You can reach out to us for free initial advice or schedule an appointment for a detailed consultation regarding your application. Trust Aden & Co Solicitors for professional guidance throughout the process.

Eligibility Criteria for Extension of Tier 1 Entrepreneur Visa

To qualify for an extension of the Tier 1 Entrepreneur visa, the applicant must satisfy the following criteria:

Business Registration
The applicant must be properly registered with the appropriate authorities. This includes registering with:

HM Revenue & Customs (HMRC) as a self-employed individual.
Companies House as a director of either a new or existing company, or as a member of a new or existing partnership.

Registration must occur within six months from one of the following:

The date of entry to the UK, if the applicant was granted entry clearance as a Tier 1 (Entrepreneur) migrant and the entry date is verifiable.
The date of entry clearance, if the applicant was granted Tier 1 (Entrepreneur) status but the date of entry to the UK is not documented.
The date of leave to remain approval, in all other circumstances.

Requirement at the Time of Extension Application
At the time of applying for an extension, the applicant must be actively involved in business activities within the UK. They may transition between self-employment, a company director, or a partnership member, provided they are continuously engaged in business under one of these roles. The applicant must demonstrate they were registered at least three months prior to the application submission date. If the applicant has held both roles (self-employed and company director/partnership member), they may submit evidence for either position, but points will only be awarded for one of the registrations.

Evidence of UK Business

Applicants are required to submit comprehensive proof demonstrating that their business:

Operates from premises within the United Kingdom.
Is subject to UK taxation laws and obligations.
Maintains a UK-based bank account.

For each of these requirements, applicants must provide one valid piece of evidence.

Creation of Two Full-Time Jobs for Settled Workers

In cases where the applicant has either launched a new business or invested in an existing one, they must demonstrate the creation of two full-time paid roles. These positions must be filled by individuals who meet the definition of “settled workers” as per the Immigration Rules at the time the employment begins. Each job must be sustained for a minimum of 12 months.

According to the Home Office guidelines, a full-time role is defined as a position requiring at least 30 hours of work per week.

Entrepreneurial teams may use the same evidence to substantiate the creation of jobs, with both members eligible to share the proof of employment.

It’s important to note that the 12-month duration for each job does not need to be continuous. For instance, a job may span 6 months in one year and another 6 months in the following year, provided it remains the same role. However, separate jobs that have not been sustained for a full 12 months cannot be aggregated to meet the 12-month requirement. The employment does not need to be ongoing at the time of application, as long as it has existed for a total of 12 months.

Additionally, all jobs must comply with UK labor regulations, including the working time directive. For further details, refer to the Coronavirus (COVID-19) Temporary Extension Applications guidelines.

Investment in UK Business

Applicants must demonstrate that they have invested in one or more UK businesses, either through a cash investment of £200,000 or £50,000. The specific amount of investment depends on the level of funding specified in their initial application. If the applicant has transitioned to other business ventures and is no longer involved in their original investment, they must still provide evidence of the full amount invested.

In cases where the applicant applied as part of an entrepreneurial team, both members can present shared evidence of the investment.

It is important to note that the invested amount should not:

Include the value of residential property.
Be classified as a director’s loan unless it is unsecured and subordinate to third-party creditors. This means the loan agreement must specify that third-party loans are repaid before any repayment of the director’s loan.

For applicants who invested through share capital, the business accounts should clearly display the shareholders, the amount, and the value of shares (as of the purchase date) under the applicant’s name. If the business accounts do not reflect the value of the share capital, the applicant must provide a copy of the company’s register of members from Companies House. The accounts must be prepared in compliance with statutory requirements, with the accountant’s details, the date of preparation, and the specific amount invested clearly indicated.

Funds for Maintenance

Applicants must have sufficient funds to support themselves and any dependants in the UK, without relying on public funds.

English Language Requirement

Applicants must meet the English language proficiency requirement when extending their Tier 1 Entrepreneur visa. Typically, applicants would have met this requirement during their initial application for the Tier 1 Entrepreneur visa, as it is a standard condition for all applicants.

Points Breakdown for Tier 1 Entrepreneur Visa Extension

The Tier 1 Entrepreneur Visa is a Points-Based visa category that requires the applicant to meet specific criteria to qualify for an extension. Applicants must accumulate a total of 95 points across various attributes, including investment funds, English language proficiency, and maintenance funds. Below is a detailed points breakdown for the Tier 1 Entrepreneur Visa extension:

Requirement	Points
Investment of Funds: The applicant must have invested, or had invested on their behalf, a minimum of £200,000 (or £50,000 if previously awarded points for £50,000 funds) into one or more businesses in the UK.	20
Registration with Relevant Authorities: Within six months of entry clearance or leave to remain, the applicant must register with either: - HM Revenue and Customs (HMRC) as self-employed - Companies House as a director of a new or existing company, or a member of a new or existing partnership	20
Proof of Business Engagement: At least three months before the application date, the applicant must be registered with either: - HMRC as self-employed - Companies House as a director or member of a business	15
Job Creation or Business Growth: The applicant must demonstrate that they have either: - Established a new business that has created the equivalent of at least two full-time jobs for settled persons in the UK, or - Taken over or joined an existing business, resulting in the creation of at least two new full-time jobs for settled persons in the UK. These jobs must have existed for at least 12 months.	20
Funds for Maintenance: The applicant must provide evidence of sufficient funds for their maintenance during their stay.	10
English Language Proficiency: The applicant must meet the English language requirements.	10

Total Points: 95

Investment of Funds in UK Business for Tier 1 Entrepreneur Visa Extension

For the extension of a Tier 1 Entrepreneur visa, it is crucial that the applicant demonstrates investment in one or more UK businesses. The investment can be made through:

£200,000 in cash, or
£50,000 in cash

The amount of investment required is determined by the level of funds indicated in the applicant’s initial application.

It is important to note that any funds spent by the applicant’s business cannot be used for the following purposes:

Personal salary or remuneration
Purchasing a business from a previous owner, where the funds ultimately benefit the previous owner rather than being reinvested in the business itself. This applies even if the funds are indirectly received by the previous owner or channeled through the business, such as through the purchase of ‘goodwill’ or assets associated with the business.
Investment in businesses other than those operated by the applicant as a self-employed individual or director
Expenditure not directly aimed at establishing or operating the applicant’s own business or businesses

Job Creation Requirement for Tier 1 Entrepreneur Visa Extension

In order to successfully apply for a Tier 1 Entrepreneur visa extension, applicants must show that they have created at least two new jobs for settled workers within their UK business. If the applicant has established a new business or made investments in an existing one, they must demonstrate the creation of two full-time paid jobs for individuals who are settled in the UK. These positions must have been held for a minimum of 12 months.

The duration of these jobs does not need to be continuous. For example, a job could be held for 6 months in one year and another 6 months in the subsequent year, as long as it is the same position. Multiple jobs cannot be combined to meet the 12-month requirement if they were held for less than a year. The jobs do not have to exist at the time of application, but they must have existed for a total of 12 months.

All jobs must adhere to UK employment regulations, including the Working Time Directive. The Home Office defines full-time employment as a minimum of 30 hours per week.

Applying as an Entrepreneur Team under the Tier 1 (Entrepreneur) Visa

Two applicants can jointly claim points for the same investment and business activity if they list each other on their application forms and supporting documents. The investment funds may be shared by a team of up to two entrepreneurs. Each team member is eligible to work in the UK under the Tier 1 (Entrepreneur) visa, provided they use the same investment funds. The entrepreneurial team is restricted to a maximum of two individuals, and neither applicant can use the same funds in combination with another applicant. Tier 1 (Entrepreneur) migrants who invest in the same business but are not part of an entrepreneurial team cannot utilize identical evidence of job creation for their applications.

Genuine Entrepreneur Test for Tier 1 Entrepreneur Extension Application

Applicants seeking to extend their Tier 1 (Entrepreneur) visa must undergo a “Genuine Entrepreneur Test” to ensure that they meet the necessary criteria.

To pass this test, the Home Office (UKVI) requires assurance that the applicant:

Has established, taken over, or assumed directorial responsibility in one or more legitimate businesses in the UK, and has actively operated that business.
Has genuinely invested the required funds into one or more genuine UK businesses.
Intends to continue operating one or more businesses in the UK.
Does not plan to engage in employment outside the scope of the terms outlined in paragraph 245DE.

The Home Office will assess the following factors when determining the authenticity of an applicant’s business activity:

The evidence submitted by the applicant.
The viability and credibility of the funds’ source used for investment.
The integrity of the financial records of the applicant’s business or businesses.
The legitimacy of the applicant’s business operations within the UK.
The validity of the job creation claims, particularly if the business requires mandatory accreditation, registration, or insurance, and whether these have been obtained.
Any other pertinent information.

Coronavirus (COVID-19): Temporary Extension Applications for Tier 1 Entrepreneur Visa Holders

A Tier 1 Entrepreneur visa holder who has experienced business disruption due to the Coronavirus (COVID-19) pandemic may be eligible for a one-time temporary extension of leave. If an applicant has been unable to meet the staffing requirements for 12 months prior to the expiration of their visa, they will be granted an additional two years to remain in the UK.

To qualify for a temporary extension, the applicant must:

Provide evidence of creating at least two jobs for settled workers at the time of application.
Demonstrate that the inability to meet the usual requirements is directly due to the impact of the COVID-19 pandemic.

The processing of these temporary extension applications will follow the standard extension procedures. Applicants will need to meet the financial requirements and score the relevant attribute points, with the exception of the job creation condition, which will be assessed based on the impact of the pandemic.

For those applying for Indefinite Leave to Remain (ILR) under the Tier 1 Entrepreneur category, it will be necessary to show that two full-time jobs were created over the 12-month period, in addition to meeting the existing job creation requirements for settlement. Applicants relying on job creation during their previous leave period will need to demonstrate that the same jobs existed for an additional 12 months, fulfilling the 12-month duration requirement for ILR eligibility.

How Aden & Co Solicitors Can Assist You

Our expert team of immigration solicitors at Aden & Co Solicitors specializes in work visas and can offer professional legal guidance and representation throughout the process of extending your Tier 1 Entrepreneur visa. We will manage every aspect of your application until the UK Home Office (UKVI) has made a decision on your extension request.

Our services include:

Assessing your eligibility for a Tier 1 Entrepreneur visa extension.
Advising you on the required documentation, procedures, and associated costs for the extension application.
Reviewing the documents you provide and offering guidance on their suitability for submission in support of your extension application.
Providing templates for essential documents, such as letters from accountants or director’s loan agreements.
Completing and submitting your online application for the visa extension.
Scheduling your appointment with the UKVCAS Sopra Steria Centre for document verification and biometric enrolment.
Preparing a detailed cover letter to accompany your application, demonstrating how the legal requirements are met in relation to the supporting documents submitted.
Uploading all necessary documents to the UKVCAS online portal.
Handling any inquiries from the Home Office UKVI during the processing of your application.
Managing follow-up actions and ensuring your extension application is tracked until a decision is reached by the Home Office UKVI.

Aden & Co Solicitors’ Fixed Fees for Tier 1 Entrepreneur Visa Applications

At Aden & Co Solicitors, we offer transparent fixed fees for Tier 1 Entrepreneur visa applications. The following table outlines our fixed fee structure:

Service	Fixed Fee Range
Full service for extending your Tier 1 Entrepreneur visa within the UK, covering all tasks until the decision on your extension application	From £2,000 + VAT to £4,000 + VAT
Full service for Indefinite Leave to Remain (ILR) as a Tier 1 Entrepreneur migrant within the UK, covering all tasks until the decision on your ILR application	From £2,000 + VAT to £4,000 + VAT

The agreed fee will be determined based on the complexity and scope of the case. In addition to our fixed fees, applicants will also need to pay the applicable Home Office UKVI application fees.