Tier 1 PBS (Entrepreneurs)
The Entrepreneur category is for those persons who are investing in the United Kingdom by setting up or taking over a business, and being actively involved in the running of one or more businesses in the United Kingdom.
A ‘business’ means an enterprise as:
- a sole trader,
- a partnership, or
- a company registered in the UK.
Who can apply for Tier 1 ( Entrepreneur) visa:-
In Country Application
- if you are in the UK in a different immigration category and now wish to make an initial application as an entrepreneur;
- if you are already in the UK as an entrepreneur and want to extend your permission to stay within your existing category;
- if you already in the United Kingdom as a business person or innovator and want to extend your permission to stay in the entrepreneur category.
Out of Country Application
- if you are applying for permission to enter the United Kingdom (known as ‘entry clearance’) under the entrepreneur category.
What are the eligibility requirements for Tier 1 Entrepreneur?
Tier 1 PBS Entrepreneur – Initial Applications
The person must score 95 points in order to qualify in this category.
| Access to Investment Funds | 75 points |
| English Language | 10 points |
| Maintenance | 10 points |
NB : The points requirements differ for an initial applications and an extension
Tier 1 PBS Entrepreneur – Extension Applications
The person must score 95 points in order to qualify in this category.
| Investment in UK Business | 20 points |
| Registered as a Director or Self Employed | 20 points |
| Engaged in Business Activity | 15 points |
| Created New Jobs | 20 |
| English Language | 10 |
| Maintenance | 10 |
Can I bring my dependants to the UK?
Your dependants are any of your children under the age of 18 years old, or your husband, wife, civil partner, or unmarried or same sex partner may join / remain with you in the UK if they successfully obtain Entry Clearance or Leave to Enter / Remain. However they need to submit a separate dependant application.
Appeals
Your appeal rights would depend upon whether you made an in country or out of country application for a Tier 1 Entrepreneur visa.
In Country Application
If you make an application for an Entrepreneur visa in the UK, your right to an appeal and the process you need to follow will depend on the type of application you have made and if a Statutory Right of Appeal is available then you would be allowed to appeal on the refusal.
If you are currently in the UK and you make an application for a Entrepreneur extension visa, then you may have a right to appeal if it is refused.
Out of Country Application
If you make an application for an Entrepreneur visa from outside the United Kingdom, you have a right to an administrative review. You must request a review of the refusal within 28 calendar days of the date the refusal notice was issued. You can only ask for one administrative review for each application that has been refused and you would not be allowed to send any additional documents and proof with your request for a review.
Switching into Tier 1 Entrepreneur
If you are in the UK in a different immigration category then switching to Entrepreneur may be an option for you provided that it is permissible. You may contact us to find out if you are able to so.
Switching into Tier 1 Entrepreneur Dependant route
You can apply for permission to stay here as the dependant of a entrepreneur without having to leave the United Kingdom and apply for entry clearance if your last grant of entry clearance or permission to be here was as the partner or child of a person who has, or is at the same time being granted, leave to enter or remain as a Tier 1 (Entrepreneur) migrant.
