Tier 1 (Entrepreneur) Troubleshooting
Applicants applying to be a resident in the UK as a Tier 1 Entrepreneur are no stranger to the stringent and often confusing requirements of this visa type. This article hopes to answer the most frequent questions concerning Tier 1 Entrepreneur applicants.
Initial Applications
Who must meet the 90 day requirement?
Any applicant who is relying on their own personal funds. Applicants relying upon funds from a third party may bypass this requirement, however they must provide additional documentation to evidence this. Any applicant who has recently liquidated their assets to obtain the required investment funds must hold these liquid funds for 90 consecutive days before applying.
Where must my investment funds be?
Any funds relied upon must be in a properly regulated financial institution, as recognised by the UKVI. If an Applicant is applying from within the UK, their funds must also be within the UK.
Are they any additional requirements for Applicants applying form outside the UK?
Yes – Applicants who are applying from outside the UK must also check if they need to undergo a tuberculous test. Further Applicants applying from the 1st September will need to provide a criminal certificate, to show they are free from criminal convictions.
What is an NHS Surcharge?
The NHS surcharge is an additional fee all applicants must pay before applying for their Tier 1 (Entrepreneur) Visa. The amount is £200 per year that the visa will be issued for. For applications made outside the UK, the Applicant will automatically be redirected to pay the fee online. For applications made by post in the UK, the Applicant will need to pay the fee using the NHS Surcharge online payment system.
I am in the UK as a Tier 1 (General) Migrant, can I switch to the Tier 1 (Entrepreneur) visa category?
Yes, but only if they can provide evidence to show they have been continuously engaged in business since before 6 April 2015 and up to the date of their application.
When do I need to transfer my money to the UK to invest into the UK?
There is no set timeframe in which you must transfer the investment funds to the UK. However you must give yourself enough time to transfer the funds, invest the funds into your business and spend the investment funds in the permitted before you must extend your visa in 3 years’ time.
Extension Applications
How do I show my company is registered for Corporation Tax?
This is usually shown via a completed tax return form received by HMRC, such as your company’s CT600 form. However if your company has not been registered long enough to submit a tax return form then evidence that your company is registered for corporation tax can be submitted, such as a CT14G letter from HMRC.
What is a Full payment submission sheet?
From April 2013 the HMRC introduced the Real Time Information for PAYE. This replaced the annual P11 submissions so that employers could make regular submissions each time they pay their employees. For an application the Applicant should provide the resulting Full Payment Submission sheet produced for HMRC. This should be produced for any employee relied upon after April 2013.
How do I show I am registered as a Director of my company?
You can show this by downloading a Current Appointment Report from the UK Companies House website. The document is free to download and is available to the public.
Do I still have to pay the NHS Surcharge if I am applying for an extension?
Yes – please see how this is paid above.
Indefinite leave to Remain Applications
Do I have to hire another additional 2 employees?
No, but you must maintain your net gain of 2 full time employees to meet the indefinite leave to remain requirements.
Do I need to evidence my investment again?
No, you do not need to evidence you have invested the £200,000 into your business again if you have already evidenced this at the extension stage of your application.
Is there a maintenance requirement for indefinite leave to remain?
No, however you should provide evidence of how you will maintain yourself in the UK.
Do I still have to pay the NHS Surcharge if I am applying for indefinite leave to remain?
No. The charge is not yet applicable to Applicants applying for indefinite leave to remain.
Should you have any additional questions not covered by this article or require additional information on the issues raised, please do not hesitate to contact Westkin Associates on 0207 118 8005. Applicants are reminded that there is a genuine entrepreneur test for each stage of the application, our immigration solicitors at Westkin are able to advise fully on how to meet this subjective requirement.
Thoughts?
As always leave your views at the bottom :D
