TIER 1 Entrepreneur (企业家移民)
This is the category of the Points based System for individuals wishing to invest in business in the UK. Applicants are required to score at least 95 points in total to successfully apply for the required visa and can claim points in the following ways:
- Attributes
Initial Application
The applicant has to score 75 points under this section in the following manner:
By providing evidence that the applicant has got access to at least £200,000: 25 points (max.) or have access to of £50k held in a regulated financial institution (25 points max.) which has been funded by:
–An FSA registered Venture Capitalist firm;
–A UK Government Department; or
–An entrepreneurial seed funding competition recognised by UK Trade and Investment.
By providing evidence that the money is being held in one or more regulated financial institutions: 25 points (max.)
By providing evidence that the money is disposable in the UK: 25 points (max.)
Tier 1 (Graduate Entrepreneur) migrants applying to switch into the Tier 1 (Entrepreneur) category need only show access to £50,000 of investment funds. These funds can already be invested in business or part-invested together with access to cash funds of the balance of the £50,000.
Tier 1 (Post-Study Work) migrants applying to switch into the Tier 1 (Entrepreneur) category need only show access to £50,000 of investment funds. Again, these funds can already be invested in business or part-invested together with access to cash funds of the balance of the £50,000. However, the Post-Study Work applicant must also be registered as a director of a business or registered self-employed within the three months before submitting the application and the main business activity must be in a graduate occupation according to the UKBA Codes of Practice.
The applicant must claim 75 points in total using the points earned in all of the above mentioned subsections.
- English Language
For Tier 1 (Entrepreneur), applicants are required to provide evidence that they speak, communicate and understand English language to a certain level. This requirement can be met in one of the following three ways:
By being a national of one of the majority English speaking countries, i.e. USA, Australia, Canada, etc.
By having a degree level qualification from an English speaking country
By having passed an English language Test (level C1 of the Common European Framework of Reference required, please refer to the Approved English Tests Providers List)
This will give 10 points to the applicant.
Following persons however will automatically be given 10 points under this section:
Those who have leave to remain/entry clearance under Tier 1 (General) or Tier 1 (Entrepreneur) and are seeking an extension of leave to remain.
Those who have leave to remain/entry clearance under HSMP given after 5th December 2006 and are seeking to switch to Tier 1 (Entrepreneur).
10 points under the English language requirement will also be awarded automatically to those who were granted their initial leave under the Business Person category under the previous Immigration Rules. They were required to satisfy the stringent English language criteria but the rules have been relaxed to acknowledge that the English language requirement was not a requirement when they were granted their initial leave.
- Maintenance
Applicants need to score 10 points under this section by providing evidence confirming sufficient money for the maintenance and accommodation of themselves and any dependants. It is necessary to provide evidence that a specific amount of money was held for at least 3 months prior to making the application (initial or extension).
The applicant must provide evidence that he has access to the following amounts of money to make the visa application for himself and his family members:
£3100, if the applicant is making an entry clearance application from outside the UK
£900 if the applicant is making an in-country application either to extend his existing visa or an initial application while remaining in the UK
£1800 for each family member, in addition to the £3100 for himself, if he is being accompanied by his family members and all of them are making entry clearance applications at the relevant British Diplomatic post
£600 for each family member, in addition to the £900 for himself, if the applicant and the family members are residing in the UK.
Please note that the applicant must have the above mentioned funds in addition to the £200,000 that he intends to invest in the business.
Source of Funding
It is no longer necessary for the applicant to show £200,000 (or £50,000) of his own money to seek entry clearance or further leave to remain under the Tier 1 (Entrepreneur) category. He can rely on third party funding for the required £200,000. The third parties may be one of the following:
Family members (within the UK or overseas)
Any other investor (within the UK or overseas)
Any corporate body (within the UK or overseas)
Please note that third party funding is only allowed to make up the £200,000 to invest in the business, the applicant must have money of his own to score points under the maintenance funds section.
Duration of Tier 1 (Entrepreneur) and settlement
First time applicants will be given 3 years and 4 months stay whether they apply for entry clearance or switch from another immigration category.
Those who are already on a Tier 1 (Entrepreneur) visa will be granted an extension for 2 years to enable them complete five years’ residence in the UK and thus apply for ILR. All other applicants will be granted an extension of stay of 3 years.
Tier 1 (Entrepreneur) migrants will also be eligible for accelerated settlement upon completion of 3 years` time, provided they fulfil one of the following requirements:
Creation of 10 full time positions for resident workers for at least 12 months; or
Generation of a turnover of at least £5 million over a 3 years period
The requirements relating to naturalization applications have not been affected and even if they obtain ILR on completing three years’ residence they would still be required to wait for another 2 years and comply with the residence and other requirements in order to apply for naturalization.
Extension Application
If a Tier 1 (Entrepreneur) migrant is not eligible for accelerated settlement upon completion of 3 years’ residence he will need to obtain an extension for 2 years to enable him complete five years’ residence in the UK and thus apply for ILR.
The applicant has to score 75 points in the following manner:
By providing evidence that the applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if the initial application was made on this basis) directly into one or more businesses in the UK. (max. 20 points).
By providing evidence that the applicant has registered with HM Revenue & Customs as a self-employed person or registered a new business in which he is a director or registered as a director of an existing business. (Max. 20 Points). This requirement must be met within six months of the grant of the initial visa if the applicant was granted his last leave to remain/entry clearance under Tier 1 (Entrepreneur) and wishes to seek an extension of stay.
By providing evidence that the applicant is engaged in business activity at the time of this application for leave to remain (max. 15 points).
By providing evidence that his business has created two full-time positions for persons settled in the UK (max. 20 points). If the applicant`s last grant of leave is as a Tier 1 (Entrepreneur) then these two jobs must have existed for at least 12 months.
The applicant can only claim 75 points if he can provide the relevant documentary evidence and claim points under all of the sub-sections mentioned above.
Existing Tier 1 (Entrepreneurs) will no longer be required to provide evidences of English language or maintenance to obtain extensions of visas.
Allowable absences
The Tier 1 (Entrepreneur) migrants will be allowed to remain outside the UK for maximum 180 days in any calendar year without losing their right to apply for permanent settlement after 3 (if they create 10 full time jobs for 1 year or generate a turnover of £5 million) or 5 years.
Work Allowed
Applicants having leave to remain or leave to enter under the Tier 1 (Entrepreneur) category will be allowed to work only for the business in which they have invested money. They will not be allowed to take supplementary employment. However their dependants will be allowed to seek work or engage in self-employment activities for the duration of their visas. The only restriction for them is that they cannot work as trainee doctors or dentists or professional sportspersons or sports coaches in the UK.
Entrepreneurial teams
Applicants can also apply in an entrepreneurial team of two people but each must have equal access to the investment funds. They can apply at the same time for the Tier 1 (Entrepreneur) visa using the same level of funds, i.e. either £200K or £50K funded by one of the above-mentioned establishments. Each one of them will still need to pass the language and maintenance requirements.
Switching Rules
Into Tier 1 (Entrepreneur):
The following persons will be able to switch into the Tier 1 (Entrepreneur) category:
A highly skilled migrant
A Tier 1 (General) migrant
A Tier 1 (Investor) migrant
A Tier 1 (Post-Study work) migrant
A Tier 1 (Graduate Entrepreneur) migrant
A Tier 2 migrant
A Tier 4 migrant
A prospective entrepreneur
A business person
An innovator
A student
A student nurse
A student re-sitting an examination
A student writing up a thesis
A work permit holder
A postgraduate doctor or dentist
A self employed Lawyer
A writer, composer or artist
An Investor
Please note that the rules of switching are very strict and no one else is allowed to switch to Tier 1 (Entrepreneur) while remaining in the UK, unless there are exceptionally compassionate circumstances.
浩盛法律事务所（Pioneer Legal Consultancy Ltd）创建于英国伦敦，是英国移民服务署(OISC号: F200900192) 特许的专业移民机构，由移民专家和资深律师组成，我们高级移民顾问在移民签证法律领域内从业超过7年时间，有上千个成功案例，为您提供各种英国移民相关的专业服务，服务范围涵盖英国的各类移民签证。我们个性化针对申请人的不同需求和特点，量身定制最佳解决方案，因案制宜，确保成功。我们的服务理念是：严谨的办案风格，以客户为主，以成功案例为目标，合格者始受理，受理者必成功，不成功不收费， 以扎实的专业知识为客户迅速快捷地拿到签证。
Tier 1 Entrepreneur 20万企业家移民和5万企业家移民（针对PSW持有者）是目前移民英国的推荐方案，具有审核速度快成功率高的优点。申请成功将获得3年签证，之后续签2年，5年之后拿永居。
浩盛承诺保签3年，协助3年后续签和5年后申请永居。
5万英镑企业家移民是针对Tier1 PSW持有者，申请人需要满足以下条件：
– 5万镑资金，资金可以在英国或海外，可以两个人组成一个Team达到5万镑
–注册公司或登记为自雇，并从事商业活动
–近期3个月每天不低于900磅的存款
20万英镑企业家移民，申请人需要满足以下条件：
–20万英镑资金，资金可以在英国或海外，可以两个人组成一个Team达到20万镑
–持有英国本科或以上学位自动满足的英语语言要求或没有学历可以提供英语成绩达到C1
–近期3个月每天不低于900磅的存款
我们的宗旨： 不成功，不收费！承诺源自实力！
联系方法：
浩盛法律事务所
英国移民服务署OISC特许专业移民机构
电话： 02076816487 02032865168
手机： 07884342939 07940984429 (24/7)
E-mail: [email protected]
网址： www.hs-consultant.com
地址：88 Kingsway, Holborn，London WC2B 6AA (Holborn 地铁站左转即是)
本所办公室地址位于伦敦市中心Holborn地铁站左转即是。地铁站是Central Line（红线）或Piccadilly Line（深蓝线）到 Holborn Underground Station。
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