The Entrepreneur Visa category is closed to new applications. Existing Tier 1 Entrepreneur migrants can extend their stay and settle in the United Kingdom.
An extension or settlement applicant must have created at least two new full-time jobs for settled workers and these jobs must have existed for at least 12 months. Further, if an applicant has taken over or joined an existing business, their investment must have resulted in a net increase in employment.
If two Tier 1 (Entrepreneur) migrants are members of the same entrepreneurial team, they may use the same evidence of job creation.
Due to ongoing business disruption as a result of the pandemic, the Home Office has issued temporary job creation concessions for the Tier 1 Entrepreneur extension and settlement.
Tier 1 Entrepreneur Extension Job Creation Concession Relating to Covid-19
Cav made up of multiple jobs for 2 full time-job creation
If an applicant can demonstrate that the pandemic has disrupted their business, they do not need to employ at least two people for a period of 12 months. Instead, the 12-month employment requirement can be satisfied by various part-time jobs spread across many months, although this must still be equivalent to two full-time jobs.
Any length of time spent on furlough under the UK Government furlough scheme can be counted towards the 12-month period if the employees were paid at least 80% of their regular salary.
Possible to extend if unable to employ workers for 12 months
If an applicant has not been able to employ workers for 12 months by the time their visa expires, they can extend their stay for an additional 2 years if they can demonstrate the following:
Tier 1 Entrepreneur Settlement Job Creation Requirement
If an applicant relied on the Covid-19 concession to extend their Tier 1 Entrepreneur visa then, when they apply for settlement, the evidence must be provided to demonstrate that either two full-time jobs have lasted for at least 24 months or four jobs have been created which have lasted for at least 12 months.
Cav made up of multiple jobs for 2 full time-job creation
If an applicant can demonstrate business disruption due to the pandemic, they do not need to employ at least 2 people for 12 consecutive months. Instead, the 12-month period they are required to employ someone for can be made up of multiple jobs across different months, but this must still be equivalent to 2 full-time jobs.
If the employees were furloughed under the UK Government furlough scheme, any periods of time spent under the scheme can be counted towards the 12-month period if the employees were paid at least 80% of their normal salary.
Further Extension possible for 2 years
If an applicant has not been able to employ staff for 12 months by the time their visa expires, they will be allowed to extend their stay for a further 2 years, if they can show:
It is important to remember that 2 job roles must be created in the first period of leave (i.e., the first three-year period of grant) and must be maintained for an additional 12 months each throughout the extension period, or re-created.
In other words, the job creation criteria are effectively reset at the extension stage, and Tier 1 (Entrepreneurs) must demonstrate in their ILR applications that they have generated two 12-month employment between the day their leave was extended and the date they apply for settlement.
If you are looking for support or require further assistance with your Tier 1 (Entrepreneur) extension or settlement application, please call 0203 865 0219 or leave a message.