UK Immigration & Nationality Lawyers

I am in the process of applying for a Tier 1 Entrepreneur visa and have been called for an interview as part of the “Genuine entrepreneur” test. What can I expect and how can I make sure I am fully prepared?

While it is difficult to give a definitive list of questions you may be asked, one may expect that the interview will be aimed at assessment of the genuineness of your intention to run a business. You may be asked about the source of your funds, your business plan and market research you have carried out, as well as general questions about your background. The interviewer may also ask questions regarding any information submitted on the application form.  There is no requirement to have entrepreneurial experience in the past, but a robust presentation of your plans will be expected.

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My Tier 1 (Entrepreneur) visa is due to expire and I would like to extend it. However, I am running a loss-making business. Do I have a chance to extend my visa?

Yes, you should be able to extend your visa. There is no requirement for Tier 1 entrepreneurs to make the business profitable or break even.

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I have a Tier 1 General visa which expires next month. I wish to apply for extension, but I have been out of the country for most of the last two years. Can I still apply?

There are no continuous residence requirements associated with the extension of stay for Tier 1 General migrants. You still need to meet financial requirements of the immigration rules, but you can rely on earnings from abroad. At the same time it is important to remember that an application for extension of stay as a Tier 1 General migrant can only be made before 6 April 2015. After that date Tier 1 General migrants will only be apply for settlement or variation of status.  You may not qualify for indefinite leave to remain when your extended visa runs to an end, as you would need to demonstrate continuous residence of five years. Bear this in mind before you decide to apply for extension.

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As a Tier 1 (Entrepreneur) visa holder, can I invest in commercial property? And can residential accommodation be part of the commercial property?

Tier 1 Entrepreneur may invest in commercial property.  However, the value of the residential accommodation will not be counted towards the amount of the business investment. In order to demonstrate the required level of investment, you will need to provide an evaluation of the living accommodation prepared by a chartered surveyor.  The estimated value of residential premises will be deducted from your overall investment. Surveyor’s report should be dated within three months of your application for extension of leave to remain.

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