Points-based system: Tier 1
Tier 1 Investor
Tier 1 investor is a route designed for high net worth individuals to enter and remain in the UK. After five years the applicant is eligible for indefinite leave to remain and UK citizenship a year later. As UK immigration solicitors we have invaluable and varied experience in this field. Our immigration lawyers can help with all aspects of making the application.
From 6th November 2015 applicants will need to have investment funds of at least £2m. Under the old Rules it was £1m. You will not need to show that you have any English language ability and neither will you need to prove that you can maintain yourself. This is because if you have the required investment funds, it is certain that you will be able to support yourself in the UK without needing help from public funds.
You must be aged 18 or over to use these routes and the assets and investments for which you are claiming points must be wholly under your control.
Please note that even if you meet all the conditions of Tier 1 (Investor category) there may be other reasons why the entry clearance officer or the Home Office will refuse the application and Danielle Cohen, as an experienced immigration solicitor, can advise about the general grounds for refusal and advise you in respect of your previous immigration history.
Your dependants may be able to join you in the UK but will have to make their own applications using the appropriate forms. If you would like further information please do not hesitate to contact Danielle Cohen or a member of her team of immigration lawyers.
Tier 1 Graduate Entrepreneur
UK graduates who are identified by higher education institutes as having developed genuine and credible business ideas and entrepreneurial skills to establish more and more business in the UK can make an application to remain in the UK but cannot apply for settlement with a Tier 1 (Graduate Entrepreneur) visa. Applicants also must not have previously been granted entry clearance or leave to remain as a Tier 1 post study work migrant or are participants in Fresh Talent working in Scotland Scheme or in International Graduate Scheme or in Science and Engineering Graduate schemes.
As Immigration Lawyers, we can assist you to apply for permission to stay in the UK under Tier 1 (Graduate Entrepreneur route) for an initial period of one year. If the university agrees to sponsor you after this you can apply again and you may be granted further leave for another year. You are only allowed a maximum of two years under this route but if you are already in the UK you can switch into this category if you have been in the UK as a student or under Tier 2 (General Migrant).
A UK immigration lawyer will be able to assist in making this application as there is a limit of 2,000 places per year and the places will be allocated to the qualifying higher education institutions. You will not be able to take employment except working for the business you have established and no more than 20 hours per week. The graduate entrepreneur will be expected to spend the majority of her time developing her business.
As an immigration lawyer Danielle Cohen is expert in dealing with applications of this nature and the quality of our firm’s service is self-evident from the reviews of our clients and from our success rates.
Tier 1 (Entrepreneur)
An entrepreneur’s visa is for individuals who wish to take over or be involved in the running of a business. You will have to have at least £200,000 to invest in a new or existing UK company and in order to meet the requirements you must have access to £200,000 which can be your own funds or from a third party, must meet the English language requirements and have the financial maintenance for yourself and for any family members. You will have to demonstrate that you are a genuine entrepreneur and genuinely seeking to set up a viable business in the UK. This is a subjective test and the Home Office will take into account previous experience, qualification and examine your credentials. Extensive documentation is needed to prove each requirement and therefore our immigration solicitors can assist in preparing the application. After three years it is possible to obtain a two year extension visa whereby you will need to show that you have invested £200,000 in UK business and you investment has resulted in the creation of the equivalent of two full time jobs for 12 months. After five years it is then possible to apply for indefinite leave to remain.
Common grounds of refusal include a recent criminal conviction leading to imprisonment, a history of deception, or overstaying for a period of above 28 days. The rules state that you must provide an overseas criminal record certificate for any country you have resided in continuously for 12 months or more, in the 10 years prior to your application. If the original is not in English, then you must provide a translated copy of certificate, in line with the requirements set out at: www.gov.uk/certifying-a-document.
Generally, a sentence will lead to refusal if it leads to a sentence of over 4 years imprisonment, between 1 and 4 years (unless the conviction was over 10 years ago), or a conviction leading to a sentence of under 1 year imprisonment (unless the conviction was over 5 years ago).