Caseworker Guidance
Tier 1 (Entrepreneur): caseworker guidance
gov.uk change note: The link for the list of disqualified directors has been updated.
Headline
The Tier 1 (Entrepreneur) caseworker guidance has been reformatted with improved table structure and line breaks, but contains no substantive policy changes beyond the previously announced update to the disqualified directors link.
Changes in detail
-
Throughout the document — Multiple tables have been reformatted from plain text format to proper table markup with pipe delimiters (|) and improved spacing for better readability. This affects at least 3 major tables covering application processing timescales, points attribution criteria, and employment assessment requirements.
-
Points attribution table — Long paragraph text has been broken into bullet points and separate lines for improved readability, but the actual requirements and point values (20 points for investment, 20 points for HMRC/Companies House registration, 20 points for job creation, 15 points for continuous residence) remain unchanged.
-
Employment assessment table — The text describing job creation requirements during initial and extension periods has been reformatted with better line breaks, but the substantive requirements remain the same.
-
End of document — One additional line break has been added after the paragraph about entrepreneurial teams and job creation evidence.
Practical implications
No action required. These are purely formatting improvements that do not change any substantive requirements, eligibility criteria, evidential thresholds, or processing procedures. All case assessment approaches remain the same.
Administrative changes
The entire diff consists of formatting changes - converting tables from plain text to proper markup format, adding line breaks for readability, and improving spacing. The official change note correctly identifies that only the disqualified directors link was substantively updated, which is not visible in this diff portion. No policy content has been altered.
Diff
@@ -798,60 +798,69 @@ - Stage - Action - Method - Timescale - - - - - Consideration date: no extra documentation required. - Consider the application. - Using the paper genuine entrepreneur test. - Not applicable. - - - Consideration date: extra documentation required. - Contact the applicant and request documents as needed. - Letter, and email or telephone. Record details of the time and method of contact on CID. - Allow applicant 28 calendar days to supply the documents. - - - After requesting the documents. - Put into brought forward (b/f). - - - Set recall date to 16 days to allow for postage time. - - - After 16 days. - Check for documents marked as received on CID or delivered directly to you. - - - If documents are received, consider the application and verify if needed. Complete the genuine entrepreneur test form - - - No documents received. - Contact the applicant for a final time stating you have not yet received the requested evidence and reminding them of the deadline by which they must respond. - Send a letter and email or telephone. Record details of the time and method of contact on CID. - Set recall date to 16 days to allow for postage time. - - - After requesting the documents. - Put into b/f. - - - Set recall date to 16 days to allow for postage time. - - - After a further 16 days. - Check for documents. - - - If documents received, consider application, verify if needed. Complete the genuine entrepreneur test form - - - No document received. - Refuse the application. - Failing genuine entrepreneur test. - See Genuine entrepreneur test – paper consideration. +| + | Stage + | Action + | Method + | Timescale + + + + +| + | Consideration date: no extra documentation required. + | Consider the application. + | Using the paper genuine entrepreneur test. + | Not applicable. + + +| + | Consideration date: extra documentation required. + | Contact the applicant and request documents as needed. + | Letter, and email or telephone. Record details of the time and method of contact on CID. + | Allow applicant 28 calendar days to supply the documents. + + +| + | After requesting the documents. + | Put into brought forward (b/f). + | - + | Set recall date to 16 days to allow for postage time. + + +| + | After 16 days. + | Check for documents marked as received on CID or delivered directly to you. + | - + | If documents are received, consider the application and verify if needed. Complete the genuine entrepreneur test form + + +| + | No documents received. + | Contact the applicant for a final time stating you have not yet received the requested evidence and reminding them of the deadline by which they must respond. + | Send a letter and email or telephone. Record details of the time and method of contact on CID. + | Set recall date to 16 days to allow for postage time. + + +| + | After requesting the documents. + | Put into b/f. + | - + | Set recall date to 16 days to allow for postage time. + + +| + | After a further 16 days. + | Check for documents. + | - + | If documents received, consider application, verify if needed. Complete the genuine entrepreneur test form + + +| + | No document received. + | Refuse the application. + | Failing genuine entrepreneur test. + | See Genuine entrepreneur test – paper consideration. @@ -1240,26 +1249,62 @@ - Attributes: pass mark = 75 points - Points available - - - - - The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. The applicant will not need to provide evidence of this investment if they were awarded points for it, as set out in Table 5, in their previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant (this includes the evidence to demonstrate that the investment was in a UK business). - 20 - - - On a date no earlier than 3 months prior to the date of application, the applicant was registered with: - HM Revenue and Customs (HMRC) as self-employed - Companies House as a director of a new or an existing company or member of a new or an existing partnership - you must not award points to directors who are on the list of disqualified directors provided by Companies House The applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) migrant, on a date within 6 months of their entry to the UK (if he was granted entry clearance as a Tier 1 (Entrepreneur) migrant) and there is evidence to establish their date of arrival in the UK), or in any other case, at the date of the grant of leave to remain, the applicant was registered with: - HM Revenue and Customs (HMRC) as self-employed - Companies House as a director of a new or an existing company or new or an existing partnership - you must not award points to directors who are on the list of disqualified directors provided by Companies House The applicant will not need to provide the evidence of registration for condition (2) if they were awarded points from row 2 of Table 5 in his previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant. - 20 - - - The applicant has: - established a new UK business or businesses that has or have created the equivalent of at least 2 new full-time jobs for settled workers - taken over or invested in an existing UK business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full-time jobs If the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) migrant, the jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application. In respect of an applicant who was granted a covid related extension of leave, the applicant must have: - created 2 jobs meeting the criteria in either of the points above - created at least a further 2 jobs meeting the criteria that have been in existence for at least 12 months by the date of application (these jobs can be the same as (i) providing they meet the requirement of existing for at least a further 12 months) - 20 - - - The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) migrant. The specified continuous period is: - 3 years, if the number of new full-time jobs created is at least 10- 3 years, if the applicant has: - established a new UK business with an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant - taken over or invested in an existing UK business and their services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant, when compared to the immediate preceding 3 year period - 5 years in all other cases - 15 +| + | Attributes: pass mark = 75 points + | Points available + + + + +| + | The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. + + The applicant will not need to provide evidence of this investment if they were awarded points for it, as set out in Table 5, in their previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant (this includes the evidence to demonstrate that the investment was in a UK business). + | 20 + + +| + | On a date no earlier than 3 months prior to the date of application, the applicant was registered with: + + - HM Revenue and Customs (HMRC) as self-employed + - Companies House as a director of a new or an existing company or member of a new or an existing partnership - you must not award points to directors who are on the list of disqualified directors provided by Companies House + + The applicant’s last grant of entry clearance, leave to enter or leave to remain was as a Tier 1 (Entrepreneur) migrant, on a date within 6 months of their entry to the UK (if he was granted entry clearance as a Tier 1 (Entrepreneur) migrant) and there is evidence to establish their date of arrival in the UK), or in any other case, at the date of the grant of leave to remain, the applicant was registered with: + + - HM Revenue and Customs (HMRC) as self-employed + - Companies House as a director of a new or an existing company or new or an existing partnership - you must not award points to directors who are on the list of disqualified directors provided by Companies House + + The applicant will not need to provide the evidence of registration for condition (2) if they were awarded points from row 2 of Table 5 in his previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant. + | 20 + + +| + | The applicant has: + + - established a new UK business or businesses that has or have created the equivalent of at least 2 new full-time jobs for settled workers + - taken over or invested in an existing UK business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for settled workers by creating the equivalent of at least 2 new full-time jobs + + If the applicant’s last grant of entry clearance or leave to enter or remain was as a Tier 1 (Entrepreneur) migrant, the jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application. + + In respect of an applicant who was granted a covid related extension of leave, the applicant must have: + + - created 2 jobs meeting the criteria in either of the points above + - created at least a further 2 jobs meeting the criteria that have been in existence for at least 12 months by the date of application (these jobs can be the same as (i) providing they meet the requirement of existing for at least a further 12 months) + | 20 + + +| + | The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. + + The specified period must have been spent with leave as a Tier 1 (Entrepreneur) migrant. + + The specified continuous period is: + + - 3 years, if the number of new full-time jobs created is at least 10- 3 years, if the applicant has: + - established a new UK business with an income from business activity of at least £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant + - taken over or invested in an existing UK business and their services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3 year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant, when compared to the immediate preceding 3 year period + - 5 years in all other cases + | 15 @@ -2874,18 +2919,22 @@ - During their initial leave - They are applying for their first extension application - During their extension period of leave - They are applying for a second extension or 5 year settlement application - - - - - They need to create 2 jobs which exist for 12 months. - You must assess the employment activity from the initial period of leave. - They must: Maintain the 2 jobs created in their initial leave for a further 12 months, or Create 2 more jobs which exist for 12 months, if the 2 jobs created during their initial period of leave have ceased to exist. - You must assess the employment activity from the extension period of leave. +| + | During their initial leave + | They are applying for their first extension application + | During their extension period of leave + | They are applying for a second extension or 5 year settlement application + + + + +| + | They need to create 2 jobs which exist for 12 months. + | You must assess the employment activity from the initial period of leave. + | They must: Maintain the 2 jobs created in their initial leave for a further 12 months, or + + Create 2 more jobs which exist for 12 months, if the 2 jobs created during their initial period of leave have ceased to exist. + | You must assess the employment activity from the extension period of leave. @@ -2990,6 +3039,7 @@ Tier 1 (Entrepreneur) migrants investing in the same business who are not part of an entrepreneurial team may not use the same evidence of job creation. + If either one or both members of the entrepreneurial team is applying in the UK, they may only rely on funds located in the UK.