Citing further abuse of the category, the Home Office recently announced a number of changes to the Tier 1 (Entrepreneur) route.
Although the changes that were announced in July relate specifically to individuals who are switching into the category from Tier 4 and Tier 1 (Post Student Worker), it is clear that the Home Office is making much more detailed checks in general to ensure that all migrants comply with the conditions of their leave.
Here we consider the steps that those who have obtained leave to enter or remain under Tier 1 (Entrepreneur) must take within the first six months of their leave being granted.
Steps to be taken in the first six months
Under paragraph 245DE(c) of the Immigration Rules (HC395 as amended), the Home Office can curtail the leave of those who have leave to enter or remain under Tier 1 (Entrepreneur) if the migrant fails to do at least one of the following:
- register with HM Revenue & Customs as self-employed; or
- register a new business in which they are a director; or
- register as a director of an existing business.
The rules require that the above action must be taken within six months of the date the applicant:
- first entered the UK following the grant of entry clearance under the Tier 1 (Entrepreneur) category (this date will generally have been stamped in the individual’s passport upon arrival to the UK); or
- was granted entry clearance (i.e the date their visa commences) if they are unable to establish the exact date they entered the UK; or
- was granted leave to remain in the case of applicants who made their application from inside the UK (this date will be on the Biometric Residence Card).
There are numerous other steps that need to be followed by migrants wishing to remain in the UK under the Tier 1 (Entrepreneur) category but none of those other steps have to be taken within the crucial first six months.
We have a 100% success record in advising and assisting clients seeking leave to enter or remain under Tier 1 (Entrepreneur) and if you need legal advice, please contact us.