Entrepreneur Visa Extension

Extensions in the Entrepreneur category can be tricky, due to the strict eligibility and specified evidence requirements contained in the UK’s Immigration Rules. Although it is impossible to take a ‘one size fits all’ approach to these applications, we have outlined below the requirements that you will need to meet and how you can prove your eligibility to the Home Office in your extension application.

What are the requirements?

The requirements you will need to meet to extend your Entrepreneur visa are as follows:

  1. Investment – you must demonstrate that you have invested £200,000 into one or more UK businesses. This must happen during your initial period of 3 years’ leave; it may be a single, or multiple, money transfers, usually by way of a director’s loan or purchase of share capital.
  2. Registration – you must prove that you have registered with HM Revenue and Customs as self-employed, or with Companies House as the director of a UK business, within 6 months of entering the Tier 1 (Entrepreneur) category.
  3. Job creation – you must show that your entrepreneur status has led to the creation of 2 full-time job roles in the UK, filled by British or settled workers for at least a 12-month period.
  4. Maintenance – you must demonstrate that you have sufficient funds to maintain yourself in the UK. The Immigration Rules currently require that you have held at least £945 for a minimum 90-day period ending no earlier than 1 month prior to the date of your application. This amount will increase based on the number of dependants applying with you.
  5. Genuineness – you must prove that you are a genuine entrepreneur.
  6. English language ability– you must demonstrate that you have sufficient English language ability. This is considered to be Level B1 CEFR or above.

What documents are required to extend?

The exact documents that will need to be provided will vary depending on the type of business that you have invested in. It is essential that you take advice specific to your case before applying – and preferably throughout your initial period of leave as an entrepreneur. Remember that the majority of the evidence you must provide is ‘specified’, meaning that an application can be refused without it. Generally, the following documents will be essential to demonstrate that the requirements are satisfied:

  1. Business accounts and business bank statements which demonstrate your £200,000 investment
  2. A director’s loan agreement, if applicable
  3. Documents confirming registration with HMRC or filing with Companies House.
  4. For the two jobs you have created:
    • Real-Time Full Payment Submissions showing compliance with PAYE reporting requirements
    • Payslips for the 12-month period relied upon for each worker
    • Confirmation of employment details
    • Evidence that the employee has settled status in the UK
  5. Personal bank statements showing funds of more than £945 for a minimum 90-day period. The latest bank statement must be dated no earlier than 1 month before you make your application; additional maintenance funds are required for dependants
  6. Evidence to show that you are running a genuine business. We can advise about relevant proof that your business is trading in the UK; note that you may be required to attend an interview with Home Office officials in relation to the genuineness test
  7. Your English language test certificate (Level B1+) or proof of a degree that was taught in English either at a British university, or recognised by UK ENIC

How can we help?

Latitude Law can assist you with the entire extension application process, from start to finish. Remember that seeking legal advice from our specialist team early in your stay in the UK will help you understand how to conduct your business over the first 3 years. Our service will include advice on your prospects of success, and will highlight any potential issues that you may face in your application. Latitude will provide a tailored list of documents to support the application; we can liaise directly with your accountant to gather relevant items. We then ensure that all documents comply with the specified evidence requirements of the Immigration Rules and prepare your application to the highest professional standards.

Why choose Latitude Law?

Latitude Law has significant and growing experience of preparing successful Entrepreneur extension applications. We have assisted clients with tackling some of the most complex issues that can arise for Entrepreneurs extending their visas and we are proud of the high standard of service that we provide to our clients.

Our fees for Entrepreneur extension applications begin at £4500 + VAT, with final quoted fees depending on the specific requirements of your case. If you would like further information about how we can help then please arrange an appointment by calling our Manchester office on 0161 234 6800 or Liverpool on 0151 305 9600.

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All content on this page was reviewed by Latitude Law and is accurate as of 11/07/2021