2nd T1 Entrepreneur

[josh5295]

Hi all,

I had a T1 Entrepreneur (PSW route) which expired earlier this month. I am unable to extend as I didn't manage to create 2 full time jobs.

During this time apart from the company I submitted to apply for T1 Entrepreneur, I also set up another company (different trade) which I have later put more focus towards.

Now I have managed to attract a £200k investment into the second company, I would like to submit a fresh application for T1 Entrepreneur visa so I can reenter the country.

I spoke to a few immigration lawyers, they all told me that there's no restriction on number of times I can apply for Tier1 Entrepreneur as long as I have a fresh new fund.

However, when I read the guidance, I found the following on Page 15 and 16:

41. Points available for attributes are in the table on the next page, This table applies to you if you are seeking:

- entry clearance or leave to enter as a Tier 1 (Entrepreneur) migrant and did not have leave in this category within the last 12 months; and

- further leave to remain in the UK in this category when your previous permission to stay was given under a category other than Tier 1(Entrepreneur) or one of the former Businessperson, or innovator, cateogories, so you are switching categories.


Question:

I consider myself applying for entry clearance or leave to enter as Tier 1 (entrepreneur) migrant but my last leave was only just expired. Does that mean I am not allowed to get points based on these attributes?

Or does that mean I have to wait 12 months before I can apply again?

I can't find any other information on the guidance specifically for apply for the second time. So it would be really helpful if anyone of you has similar experience or the knowledge about this.

Thank you very much

Best Regards
Josh

[zimba]

You can apply for another Tier 1E initial, however it will be hard as you do not seem to have a genuine business that creates jobs.
Why did you fail to create two positions in the last 3 years ? Why should you get another 3 years ??
Tier 1E It is not about ticking boxes any more given the huge abuse of the route.

[josh5295]

Thank you zimba88 for your reply, really helpful. I understand. Circumstances changed and first business didn't take off. But managed to secure investment towards the end of the previous leave.

I spoke to another lawyer. They told me that, there is a 12 month cooling off period. So I'm confused.

In terms of proving my business is genuine, I have contracts and partnerships with many British organisations and there are quite a few startup publications wrote about us before. We are also SEIS eligible with provisionally approved by HMRC.

Also for the new business I am holding only one third of the equity, my partners are British and I am the MD leading of the company.

Do you think these would be sufficient for a successful case?

Best Regards,
Josh

[zimba]

I spoke to another lawyer. They told me that, there is a 12 month cooling off period. So I'm confused.

I do not know any rules that prevent you from applying again.
However you cannot rely on any previous investments you made more than 12 months ago when you apply. So maybe that is what they re trying to get at. There is NO cooling off period under Tier 1E rules where you are not allowed to apply. As long as you have access to fresh money or you invested your funds in less than 12 months you can apply again.

In terms of proving my business is genuine, I have contracts and partnerships with many British organisations and there are quite a few startup publications wrote about us before. We are also SEIS eligible with provisionally approved by HMRC.
Also for the new business I am holding only one third of the equity, my partners are British and I am the MD leading of the company.

The bottom line is that It will be at the discretion of HO. Expect interview and long waiting time.