Contents Introduction 3 General Guidance for Applicants to the Points Based System 3 Additional evidence for sponsored students 4 Administrative revie

Transcription

1 TIER 1 (GRADUATE ENTREPRENEUR) Version 10/13 Tier 1 (Graduate Entrepreneur) of the Points Based System Policy Guidance This document gives the policy guidance for applicants coming to the UK under Tier 1 (Graduate Entrepreneur) of the Points Based System, and should be read with paragraphs 245F to 245 FC of the immigration rules (these can be found on our website at: immigrationlaw/immigrationrules/). It is correct at the time of publication but may change, so you should always check that you have the right version by going to our website. To see the Immigration Rules in full and for more information on how to apply, go to our website which can be found at: This guidance is to be used for applications made on or after 1 October

2 Contents Introduction 3 General Guidance for Applicants to the Points Based System 3 Additional evidence for sponsored students 4 Administrative review (entry clearance applications only) 5 Appeal Rights (in-country applications) 5 Date of application 5 Considering your application 5 Tier 1 (Graduate Entrepreneur) Overview of Terms and Conditions 6 Endorsement 8 Tier 1 (Graduate Entrepreneur) Limit 8 Tier 1 (Graduate Entrepreneur) - Points Scoring 8 Points scoring requirements 8 Applications for Entry Clearance or Leave to Remain 9 Attributes 10 Applications for Entry Clearance or Leave to Remain - Points scoring assessment 10 English Language Requirement 13 English language assessment 13 Claiming points 14 National of a majority English speaking country 14 English language test 15 Degree taught in English 16 Maintenance (Funds) 18 Maintenance requirement 18 Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 page i of ii 2

3 Curtailing leave 21 Change of circumstances 22 Annex A: Administrative Review 23 Annex B: Verification and other checks 27 Annex C - Template 29 Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 page ii of ii 3

4 Introduction 1. This document provides guidance for those applying for leave to remain in the UK under the Tier 1 (Graduate Entrepreneur) category of the Points Based System. It should be read in conjunction with the relevant paragraphs of the Immigration Rules. Please note that it reflects policy at the time of publication and is subject to change. For the purpose of these guidance notes, the terms we, us and our refer to the Home Office. You and your refers to the person making the application. When we refer to a grant of leave, we mean permission stay in the UK. If you apply from overseas, you are applying for Entry Clearance. If you apply from within the UK, you are applying for Further Leave to Remain. 2. If you are making an application from outside the UK for entry clearance you should go to our website at where you can find forms and more information on how to fill them in. 3. Applicants in all the Points Based System categories will be subject to General Grounds for Refusal. This means that even if you qualify under the specific category of the Rules under which you are applying to come here, there may be other reasons (such as your previous immigration history) that may lead to the application being refused. Further information on General Grounds for Refusal is available on our website at sitecontent/documents/policyandlaw/modernised/general-grounds-refusing/. 4. If you are applying from within the UK please be advised that you should not make plans to travel outside of the Common Travel Area whilst your application is under consideration. Where you request your passport back from us in order to travel prior to a decision being reached on your application, your application will be treated as being withdrawn in accordance with Paragraph 34J of the Immigration Rules. 5. Please be advised that notification of our decision and any documents that you have submitted in support of your application will usually be returned by Royal Mail Recorded Delivery. If you require your documents to be returned by Royal Mail Special Delivery you must provide a prepaid Special Delivery envelope of a sufficient size to return all your documentation when you submit your application. General Guidance for Applicants to the Points Based System Documents we require 6. You must ensure you provide all of the necessary supporting documents at the time you send us the application. We will only accept the documents specified in the Immigration Rules and covered in this guidance. 7. If you have submitted specified documents in which: Some of the documents in a sequence have been omitted (for example, if one bank statement from a series is missing); or A document is in the wrong format (for example, if a letter is not on letterhead paper as specified); or A document is a copy and not an original document; or A document does not contain all of the specified information; Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 3 of 29 4

5 we may contact you or your representative in writing, and request the correct documents. We must receive the requested documents at the address specified in the request within 7 working days of the date of the request. We will not ask for further information where: we do not anticipate that a correction of minor errors or omissions will lead to a successful application because it would be refused for other reasons; or where a specified document has been completely omitted. If you have submitted a specified document that is: in the wrong format; or a copy and not an original document; or which does not contain all of the specified information, but the missing information is verifiable from: o o o other documents submitted with the application; or the website of the organisation which issued the document, or the website of the appropriate regulatory body; we may approve your application exceptionally if we are satisfied that the specified documents are genuine and that you meet all the other requirements. We reserve the right to request the original documents in the correct format and to refuse applications if the specified documents are not provided. 8. Any documentary evidence that you provide must be the original (not a copy) unless we say otherwise. 9. Where specified documents provided are not in English or Welsh you must provide the original and a full translation that can be independently verified. The translation must: confirm that it is an accurate translation of the original document; and be dated; and include the full name and original signature of the translator or an authorised official of the translation company; and include the translator or translation company s contact details; and if you are applying in the UK, be fully certified and include details of the translator or translation company s credentials. 10. We only need evidence that is directly relevant to the application, as set out in the Immigration Rules and covered in this guidance. We will not consider unrelated evidence when calculating the points score. Additional evidence for sponsored students 11. For the purposes of this section of the guidance, sponsored means wholly supported by an award that covers both fees and living costs. 12. If you have had permission to be in the United Kingdom in one of the following categories, within the last 12 months, may have been sponsored in your studies by a Government or an international scholarship agency: Student; or Tier 4; or Student nurse; or Student re-sitting an examination; or Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 4 of 29 5

6 Student writing up a thesis; or Postgraduate doctor or dentist. 13. If you are currently sponsored by a Government or an international scholarship agency, or such sponsorship ended during the 12 months prior to this application being made, you must provide us with the sponsor s unconditional consent in writing confirming that you have permission to remain in the United Kingdom. If the sponsor does not give unconditional consent or gives permission for a limited time, we will refuse the application. 14. The evidence must be original, on the official letter-headed paper or stationery of the organisation and have the official stamp of that organisation. It must have been issued by an authorised official of that organisation. 15. If you have received private sponsorship during your studies (for example from an employer or relative), we do not require the sponsor s consent. 16. For more advice on sponsored students, see the chapter on Restrictions for some Students with Official Financial Sponsorship in the Tier 4 Policy guidance, which you can find on our website at: Tier4migrantguidance.pdf Administrative review (entry clearance applications only) 17. If we refuse an application for entry clearance and you think that a mistake has been made, you can ask us to check our decision. This is known as an administrative review. Full guidance on administrative reviews can be found at Annex A below. Please note, if you are already in the UK you cannot apply for an administrative review. Appeal Rights (in-country applications) 18. If we refuse an application for leave to remain and you think that a mistake has been made, you may be able to appeal against our decision. Details on how and if you can appeal against our decision will be included with your reasons for refusal letter. Date of application 19. You are outside the UK the date of application is the date that you pay your application fee which is the date shown on your payment receipt. You are inside the UK the date of application is the date of posting or date delivered by courier to the Home Office. Considering your application 20. We aim to consider applications quickly. However, we must be confident that applications meet the requirements of the Immigration Rules, and that the information you provide is a true reflection of your background. 21. If we have doubts about an application or the documents sent with your application, we may carry out verification checks and/or other checks. Please see Annex B for further information. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 5 of 29 6

7 Tier 1 (Graduate Entrepreneur) Overview of Terms and Conditions 22. The following table explains some of the key features of Tier 1 (Graduate Entrepreneur). Full details of the requirements are at paragraph 245F to 245FC of the Immigration Rules. Description of category: This route is for Master of Business Administration (MBA) and other UK graduates who have been identified by Higher Education Institutions (HEIs) as having developed genuine and credible business ideas and entrepreneurial skills, to extend their stay in the UK after graduation to establish one or more businesses in the UK. It is also for overseas graduates who have been identified by UK Trade and Investment (UKTI) as elite global graduate entrepreneurs to establish one or more business in the UK. For the purpose of the Immigration Rules business means an enterprise as a: sole trader; partnership; or company registered in the UK. Length of grant of leave: All applications Switching into the Tier 1 (Graduate Entrepreneur) category: One year A maximum of 2 years total grant of leave (one initial grant followed by one extension) is allowed under the Tier 1 (Graduate Entrepreneur) category. Switching into the Tier 1 (Graduate Entrepreneur) category will only be permitted where the applicant has or has last been granted leave as a: i) Tier 4 Migrant; ii) Student; iii) Student Nurse; iv) Student Re-sitting an Examination; v) Student Writing up a Thesis; vi) Postgraduate Doctor or Dentist; vii) Tier 1 (Graduate Entrepreneur) migrant; or viii) Tier 2 (General) migrant. You must not have previously been granted entry clearance, leave to enter or leave to remain as a Tier 1 (Post Study Work) migrant, a Participant in the Fresh Talent: Working in Scotland Scheme, or a Participant in the International Graduates Scheme (or its predecessor, the Science and Engineering Graduate Scheme) Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 6 of 29 7

8 Applicants must meet the following conditions: Leave to Remain under this route will be subject to the following conditions: a) no recourse to public funds (which means the migrant will not be able to claim most benefits paid by the state); b) registration with the police, if this is required by paragraph 326 of the Immigration Rules; c) no employment as a Doctor or Dentist in training; and d) no employment as a professional sportsperson (including as a sports coach). 23. If you wish to extend your leave in the same category you should make your application before your current permission to stay expires. We encourage applications to be made at least a month before leave runs out. You must not previously have been granted leave of 2 years in total as a Tier 1 (Graduate Entrepreneur) migrant. 24. Changes to applications from overstayers: Applications for further leave to remain under the Points Based System decided on or after 1 October 2012 will fall for refusal if you have overstayed for more than 28 days, unless there were exceptional circumstances which prevented you from applying within the 28 day period. The 28 day period of overstaying is calculated from the latest of: the end of the last period of leave to enter or remain granted, the end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or the point a written notice of invalidity is deemed to have been received, in accordance with paragraph 34C or 34CA of the Immigration Rules, in relation to an intime application for further leave to remain. If there are exceptional circumstances which prevented you from applying in time you must submit evidence of the exceptional circumstances with your application. The threshold for what constitutes exceptional circumstances is high and will depend on the individual circumstances of the case, but for example may include delays resulting from unexpected or unforeseeable circumstances such as the following: serious illness which meant that you or your representative were unable to submit the application in time (where supported by appropriate medical documentation). travel or postal delays which meant that you or your representative were unable to submit the application in time. inability to provide necessary documents. This would only apply to exceptional or unavoidable circumstances beyond your control, such as the Home Office being at fault in the loss of, or delay in returning, travel documents, or delay in obtaining replacement documents following loss as a result of theft, fire or flood (where supported by evidence of the date of loss and the date replacement documents were sought). Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 7 of 29 8

9 Endorsement 25. You should request an endorsement directly from a UK Higher Education Institution (HEI) (if you were last granted Tier 2 leave to work as a sponsored researcher this may be your Tier 2 sponsor who was detailed on your previous grant of leave) who has been approved by the UK Border Agency/Home Office for the purposes of the Tier 1 (Graduate Entrepreneur) category prior to making an application; or UKTI. Details of the approved endorsing bodies can be found on the Home Office website at: employersandsponsors/tier1-endorsing-bodies.pdf. Please note: The process of issuing an endorsement letter is not managed by the Home Office. Any queries about endorsements or requests for a letter should be directed to your endorsing body. 26. You must use the original endorsement letter as part of your leave to remain application within 3 months from the date of issue. 27. The endorsement must not have been used in support of a previous Tier 1 (Graduate Entrepreneur) application. 28. When issued with an endorsement, you will be under the supervision of the body that endorsed you while you are in this category. 29. Points will only be awarded for an endorsement if the endorsement has not been withdrawn by the relevant endorsing body and if that body has not lost its status as an endorsing institution. Tier 1 (Graduate Entrepreneur) Limit 30. The Tier 1 (Graduate Entrepreneur) limit is 2000 places per year, which will be allocated as follows: a) 900 places will be allocated to qualifying HEIs for the purpose of endorsing graduates in any subject - these places are called General Endorsements; b) 1,000 places will be allocated to qualifying HEIs for the purpose of endorsing MBA graduates - these places are called MBA Endorsements; and c) 100 places will be allocated to UKTI for the purpose of endorsing elite global graduates - these places are called Global Endorsements. 31. If you do not make a valid application within 3 months of the date of your endorsement, the endorsement used in your application will be cancelled and the relevant endorsing body s unused allocation of endorsements will be increased by one. 32. The Tier 1 (Graduate Entrepreneur) limit will not apply to extension applications where the applicant has, or last had, leave to remain as a Tier 1 (Graduate Entrepreneur). Tier 1 (Graduate Entrepreneur) - Points Scoring Points scoring requirements 33. In order to obtain leave to remain as a Tier 1 (Graduate Entrepreneur) you must score: 75 points for attributes (Appendix A of the Immigration Rules found on our website at: 10 points for English language (Appendix B of the Immigration Rules found on our website at: appendixb/ ). Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 8 of 29 9

10 10 points for Maintenance (Appendix C of the Immigration Rules found on our website at: /). 34. Where you meet the requirements by scoring enough points, and meet all other requirements of the Immigration Rules, you will be eligible for permission to stay under Tier 1 (Graduate Entrepreneur). Applications for Entry Clearance or Leave to Remain 35. Points available under Tier 1 (Graduate Entrepreneur) are in the table below. This table applies to all applicants seeking entry clearance or leave to remain in this category. Attributes: pass mark = 75 Points You have been endorsed by a UK Higher Education Institution (HEI) or UK Trade and Investment (UKTI). Please see the relevant section below for more details. Points available 25 You have been awarded a recognised Bachelor degree, Masters degree or PhD (not a qualification of equivalent level which is not a degree), which is a UK degree; or for Global Graduate Entrepreneurs only, one which is deemed by UKNARIC to meet or exceed the standard of a UK Bachelor s degree; or Your previous grant of leave was as a Tier 1 (Graduate Entrepreneur) migrant and you have an endorsement for an extension application from the same institution. Please see the relevant section below for more details. The endorsement confirms that your endorsing body has assessed you and your business idea. Please see the relevant section below for more details. English Language: pass mark = 10 Evidence to prove that you speak English to the required standard and meet the requirements explained in this guidance. Please see the relevant section below for further details Maintenance (pass mark = 10) For leave to remain in the United Kingdom you must have the specified funds 10 Please see the relevant section below for more details. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 9 of 29 10

11 Attributes Applications for Entry Clearance or Leave to Remain - Points scoring assessment 36. For the application to be approved, you must score 75 points for your attributes. Endorsed by a UK HEI or UKTI (25 points available) 37. You must be endorsed by a UK HEI that is approved by the Home Office for the purposes of endorsing your application under the Tier 1 (Graduate Entrepreneur) category or by UKTI. Details of the approved endorsing bodies can be found on the Home Office website at: www. ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/tier1-endorsing-bodies. pdf. 38. The UK HEI must have established processes and competence for identifying, nurturing and developing entrepreneurs among its undergraduate and postgraduate population, and degree awarding powers. Documents we require 39. Paragraph 39B of the Immigration Rules state that we will only award points when you provide the specified evidence that you meet the requirements for this category. You must provide an original endorsement from a UK HEI or UKTI. 40. The endorsement from the relevant endorsing body must show all of the following: the endorsement reference number; the date of issue (including a statement on how long the letter is valid for); your name; your date of birth; your nationality; your current passport number; details of any dependants (those already here or those you intend to bring to the UK); the name of your endorsing body; the name and contact details of the authorising official of your endorsing body; the name, level and date of your qualification unless your endorsement is a Global endorsement or this is an extension application; your intended business sector or business intention; what has led the endorsing body to endorse your application and; Additional information required for extension applications: confirmation that the your endorsing body is satisfied that you have made satisfactory progress. A suggested template is included at Annex C of this guidance for reference. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 10 of 29 11

12 Qualification (25 points available) 41. To be awarded the points for a qualification for an initial application: a) Your endorsing body must confirm that within the 12 months immediately before the date of endorsement you have been awarded a qualification as follows: If you have a General Endorsement, the endorsing institution has awarded you a UK recognised Bachelor degree, Masters degree or PhD (not a qualification of equivalent level which is not a degree), If you have an MBA Endorsement, the endorsing institution has awarded you a UK recognised Master of Business Administration degree (not a qualification of equivalent level), or If you have a Global Endorsement, you have been awarded a degree qualification (not a qualification of equivalent level which is not a degree) which is deemed by UKNARIC to meet or exceed the recognised standard of a Bachelor s degree. OR b) If your previous grant of leave was as a Tier 2 (General) Migrant to work as a postdoctoral researcher, you have a General Endorsement from the same body that is (or was) your Tier 2 Sponsor. The body must confirm that you have been awarded a UK recognised Bachelor degree, Masters degree or PhD (not a qualification of equivalent level which is not a degree) from a UK HEI. This qualification may have been awarded from a different body than your Tier 2 Sponsor. It can have been awarded at any time before the endorsement, not just in the last 12 months. 42. For extension applications, you do not need to provide details of you qualification again, but you must have a new endorsement from the same body which provided the endorsement for your previous grant of leave. 43. The date of award is taken as the date on which you were first notified, in writing, by the awarding institution, that the qualification had been awarded. United Kingdom recognised degree at Bachelor level or postgraduate level 44. For a qualification to be considered as United Kingdom recognised degree at Bachelors, Masters or PhD level, it must have been awarded by a United Kingdom recognised body. 45. A United Kingdom recognised body is an institution which has been granted degree awarding powers by a Royal Charter, an Act of Parliament or the Privy Council. All United Kingdom universities and some higher education colleges are United Kingdom recognised bodies. 46. Further information on the United Kingdom recognised bodies can be found on the website of the Department for Business Innovation and Skills (BIS) at Overseas Qualifications - only for those endorsed by UKTI 47. If your degree is from another country we will assess it using the points based calculator on our website at: The calculator contains information from UK NARIC on whether overseas qualifications are equivalent to UK Bachelors level or higher. For academic qualifications, if you cannot find details of your qualification on the points based calculator, you may still wish to claim points for it. If so, you should contact UK NARIC directly for an assessment of the level of the qualification and, if UK NARIC confirms it is of the required level, obtain a letter and/ or confirmation certificate from UK NARIC. Contact details for UK NARIC are on its website at UK NARIC may charge a fee for confirming qualifications. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 11 of 29 12

13 Qualifications that are not acceptable 48. Qualifications that cannot be used for the award of points include: Foundation degrees; Honorary degrees; Qualifications awarded in the United Kingdom by overseas awarding bodies; Professional and vocational qualifications; and Postgraduate certificates and diplomas. 49. Points will not be awarded for a qualification which is of equivalent level to, but not actually a Bachelor degree, Masters degree or PhD. For example, a vocational qualification at bachelor degree level but which is not itself a degree. Documents we require 50. If you have previously been given permission to stay in the UK under a different category, and as part of that application scored points for the same qualification for which you wish to claim points in your current application, you do not need to send evidence of your qualification again. 51. If you have an endorsement from a UK HEI which confirms that you have a UK recognised Bachelor degree, Masters degree or PhD in the 12 months immediately before the date of endorsement, or if your previous grant of leave was as a post-doctoral researcher under Tier 2 (General) the endorsement confirms that your qualification has been awarded at any time before the date of the endorsement, no further evidence is required. 52. If you have a global endorsement from UKTI, points will only be awarded if you provide the following specified documents as appropriate: i) If you have an original certificate of award of the qualification you must provide this. This document must be the original (not a copy) and must clearly show: your name; OR the title of the award; the date of the award; and the name of the awarding institution. ii) If you are waiting for graduation, having successfully completed your degree or if you no longer have the certificate and the institution that issued the certificate is unable to produce a replacement; you may provide an original academic reference from the awarding institution together with an original academic transcript. The original academic reference must be on official headed paper and clearly show: Your name; The title of the award; The date of the award confirming that it has been or will be awarded; and Either the date that the certificate will be issued (if you have not yet graduated) or confirmation that the institution is unable to re-issue the original certificate or award. The academic transcript must be on the official headed paper of the institution and clearly Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 12 of 29 13

14 show: Your name; OR The name of the academic institution; The course title; and Confirmation of the award. iii) If you cannot provide your original certificate for one of the reasons given above, and your qualification had a significant research bias, such as a doctorate, you can provide an academic reference alone with all the information above in it. 53. If you cannot find details of your qualification on the online calculator on the Home Office website, you must also provide an original letter or certificate from UK NARIC confirming the equivalency of your qualification. Already have leave as a Tier 1 (Graduate Entrepreneur) (25 points) 54. If you are making an extension application you must provide a new endorsement from the same endorsing body as in the application which led to your previous grant of leave (please see the section on Documents we require above for further information on what is required in the endorsement). No further evidence is required. 55. We will only give one extension in this category. The maximum time available is 2 years in total as a Tier 1 (Graduate Entrepreneur) migrant. The endorsement confirms the endorsing body has assessed you and your business idea (25 points available) 56. To be awarded the points for this requirement your endorsement must confirm that your endorsing body has assessed that you have a genuine and credible business idea, and that you will spend the majority of your working time on developing business ventures. If you are applying for an extension, it must confirm that you have made satisfactory progress in developing your business since your last grant of leave. Documents we require 57. We will use the endorsement from your endorsing body for this evidence. No further evidence is required. English Language Requirement English language assessment 58. English is the most widely spoken language of the UK. The ability to speak English to a competent level promotes success in the UK labour market and assists in integration into the UK. 59. If you have a General or MBA endorsement, and score points in the attributes section, you will satisfy the English language requirement. This is because you will have shown in the attributes Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 13 of 29 14

15 section that you have obtained a degree level qualification taught in English. 60. If you have a Global endorsement you must provide the specified documents to show that you have a good knowledge of English. There are three ways in which you can show you meet the English language requirement. These include: being a national of a majority English speaking country; or passing an English language test detailed in this guidance; or holding a degree that was taught in English and is equivalent to a UK bachelor s degree or above. Claiming points 61. You can also meet the English language requirement, without the need to provide evidence, if you have ever been given permission to stay in the UK: under Tier 1 (General) or Tier 1 (Entrepreneur); or as a Businessperson (under Paragraphs of the Immigration Rules); or as a HSMP participant under the Immigration Rules which came into force on 5 December 2006; or as a Tier 2 (General) Migrant under the Rules in place on or after 6 April 2011, provided that when you were granted that leave you obtained points for having a knowledge of English equivalent to level B1 of the Council of Europe s Common European Framework for Language Learning or above; or as a Tier 1 (Exceptional Talent) Migrant providing you scored points for your English language ability in that application; or as a Tier 4 (General) student and the Confirmation of Acceptance for Studies (CAS) used to support the application was assigned on or after 21 April 2011; or leave as a Minister of Religion (not as a Tier 2 (Minister of Religion) Migrant) under the Rules in place on or after 19 April 2007; or as a Tier 2 (Minister of Religion) Migrant, provided that when you had that leave you obtained points for English language for being a national of a majority English speaking country, a degree taught in English, or passing an English language test. 62. Applications from people who are unable to score 10 points in the section for English language requirements will be refused. Under Appendix B of the Immigration Rules, we will refuse these applications even if you have attained the pass mark of 75 for attributes and have met all the other requirements of the Immigration Rules for permission to stay as a Tier 1 (Graduate Entrepreneur) migrant. National of a majority English speaking country 63. Nationals of the majority English-speaking countries listed below automatically meet the English language requirement: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 14 of 29 15

16 Canada; Dominica; Grenada; Guyana; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; and the United States of America. Documents we require 64. Appendix B of the Immigration Rules states that only specified documents will be accepted as evidence of this requirement. The specified documents are: i) Current valid original passport or travel document If you are unable to submit your current original passport or travel document at the time of the application you must give full reasons for this in the Passport Information section of the application form. The only valid exceptional circumstances in which alternative specified documents may be provided are where your current passport or travel document has: been lost; been stolen; expired and been returned to the relevant authorities; been sent to another part of the Home Office. If your passport or travel document is not available for one of the reasons above, you may exceptionally provide the following alternative specified documents: ii) Current national identity document iii) Original letter from your home government or embassy. This document must be original, on the letter-headed paper of the government or embassy and must bear the official stamp of that institution. It must have been issued by an authorised official of that institution and must confirm your: full name; date of birth; and nationality. English language test 65. We will only accept test certificates from providers that have been assessed as meeting our Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 15 of 29 16

17 requirements. Details are available on our website at: You must check that you have passed an English language test that is still within its validity period, and have achieved at least CEFR level B1 in all four components (reading, writing, speaking and listening). If you have a disability (for example, hearing difficulties) you are not exempt from the English language requirement. You should contact a test provider for details of support that can be provided while taking the test. Documents we require 66. You must provide the specified documents from an English language test provider as listed in Appendix O of the Immigration Rules to confirm your qualification with your application. The documents should clearly show: your name; that you have achieved or exceeded level B1 of the Council of Europe s Common European Framework for Language learning in all four components (reading, writing, speaking and listening), unless you are exempted from sitting a component on the basis of a disability; the date of the award; and that your test certificate is still valid and has not expired. If more than one component of your test is examined and awarded together, your evidence must show that you achieved the level required in all the relevant components in a single sitting. Degree taught in English 67. You may provide evidence that you hold an academic qualification (not a professional or vocational qualification) which is equivalent to a UK Bachelors level or higher and which was taught or researched in English to a particular level as evidence of your English language ability. 68. Your degree must: be recognised by National Academic Recognition Information Centre for the United Kingdom (UK NARIC) as equivalent to at least a UK Bachelor s degree; and have been taught in English to a standard comparable to that of level C1 on the Council of Europe s Common European Framework of Reference for Languages: Learning, Teaching, Assessment (CEFR). Details can be found on the Council of Europe website at Where the degree was taken in a majority English speaking country, listed below, we will assume it to have been taught in English: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 16 of 29 17

18 Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; the United Kingdom; the United States of America. (Please note that Canada is not on this list.) 70. Where the degree was taken in a country that is not on the list above, we will always assess it using the points based calculator on our website. The calculator contains information from UK NARIC on whether overseas qualifications are equivalent to UK Bachelors level or higher. 71. You can claim points when the points based calculator confirms that the degree: meets or exceeds the equivalent level to UK Bachelors degree; and was taught to a competent standard of English equivalent to level C1 on the Council of Europe s Common European Framework of Reference for Languages: Learning, Teaching, Assessment (CEFR). Checking qualifications 72. You should check your degree by referring to the points based calculator on our website at: Where the points based calculator is unable to confirm these details, points will not be awarded for the qualification in question. 74. Where you are unable to find details of your qualification on the points based calculator, UK NARIC will not be able to verify whether a qualification satisfies the English language requirement. In these circumstances, you should either present an alternative qualification from the points based calculator if you possess one, or select an alternative means of satisfying the English Language requirement. Documents we require 75. Only the following specified documents will be accepted as evidence of this requirement: i) Original certificate of award. This document must be original and must clearly show: your name; the title of the award; the date of the award; and, the name of the awarding institution. Please note that original provisional certificates are not acceptable. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 17 of 29 18

19 This document must always be provided unless you are awaiting graduation but have successfully completed your degree or no longer have the certificate and the awarding institution is unable to issue a replacement, in which case the following should be sent. ii) Original academic transcript. The academic transcript must be on the institution s official paper and must show: your name; the name of the awarding institution; the title of the award; confirmation that the qualification has been, or will be, awarded; and the date that the certificate will be issued, or confirmation that the institution is unable to reissue the original certificate or award. This evidence must be an official document, on the official stationery of the organisation and bear the official stamp of that organisation. It must have been issued by an authorised official of that organisation. You should ensure that the contact details for the awarding body are up-to-date, because if we need to verify the details and are unable to contact the institution we will not accept this evidence and may therefore refuse the application. Maintenance (Funds) Maintenance requirement 76. One of the requirements of Tier 1 is that you must be able to support yourself for the entire duration of your stay in the United Kingdom without use of public funds (benefits provided by the state). An applicant who is unable to support himself/herself could face financial hardship because he/she will not have access to most state benefits. 77. In order to qualify for leave to remain under Tier 1(Graduate Entrepreneur) you must show that you have enough money to support yourself. 78. If you are applying for entry clearance as a tier 1 (Graduate Entrepreneur) you must confirm that you have funding to support yourself of at least 1, If you are applying for leave to remain (switching or extension) as a Tier 1 (Graduate Entrepreneur) you must have funding to support yourself of at least The exchange rate of overseas currency will be made using the OANDA rate conversion on the date of the application You may want to check the potential costs of living in the UK. If you do not expect to get any income from your work in the UK after the first month, you may want to check that you have enough money to support yourself and any dependants. 82. Any dependants wishing to join you must also provide evidence that they have access to sufficient funds. Please refer to the Dependants guidance which can be found on our website at: Where your application is made at the same time as applications by your partner or child, each applicant must have the total requisite funds specified in the relevant parts of Appendices C and E of the Immigration Rules. If each applicant does not individually meet the requirements of Appendices C and / or E, as Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 18 of 29 19

20 appropriate, all the applications (the application by the Relevant Points Based System Migrant and applications as the partner or child of that Relevant Points Based System Migrant) will be refused. 83. We will not consider money earned during a time that you were in breach of the United Kingdom s immigration laws as evidence of maintenance funds. For example: Earnings made from the UK will only be considered if you had leave to enter or remain in the UK at the time they were earned, and in a category which permitted you to take that employment. Documents we require 84. If you have an endorsement from UKTI which confirms that it has awarded you at least sufficient funding to cover the required maintenance funds for you and your dependants, no further evidence of maintenance is required. If the endorsement does not state that you and/ or your dependants are awarded funding, you must provide evidence of your own money using the evidence below. 85. The evidence used to support personal savings for at least a consecutive 90 day period must be original, and issued by an authorised official of that organisation. 86. Evidence must be in the form of cash funds held in an account (this includes savings accounts and current accounts even when notice must be given). Other accounts or financial instruments such as shares, bonds, overdrafts, credit cards, pension funds etc, are not acceptable, regardless of notice period. 87. If you wish to rely on a joint account as evidence of available funds, you must be named on the account along with one or more other named individual. 88. Where you are providing evidence of maintenance from a single account, we will always assess the funds available to you from the closing balance given on the document provided. 89. Where two or more pieces of evidence from a single account are submitted (for example two consecutive bank statements) we will assess the funds available to you from the closing balance of the most recent document. 90. Where evidence from two or more accounts are submitted, we will assess the funds available to you using: the most recent closing balance of one account, plus any additional money available to you on the date of that closing balance, for which you have provided the required evidence. We will always use the closing balance date from the account that most favours you. 91. No points will be awarded where the specified documents show that the funds are held in a financial institution with which the Home Office is unable to make satisfactory verification checks. A list of financial institutions which do not satisfactorily verify financial statements is published on the Home Office website at: studying/financial-institutions/ 92. Only the following specified documents will be accepted as evidence of this requirement: i) Personal bank or building society statements covering a consecutive 90 day period: The most recent statement must be dated no more than 31 days before the date of application. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 19 of 29 20

21 The personal bank or building society statements should clearly show: your name; the account number; the date of the statement; the financial institution s name and logo; any transactions during the 90 day period; that there are enough funds present in the account (the balance must always be at least 1,800 or 900 as appropriate) covering the 90 day period before the date of application. All statements must be on the bank s stationery, unless you are submitting electronic statements. Ad hoc bank statements printed on the banks letter-headed/stationery are admissible as evidence (this excludes mini-statements from Cash Points (ATMs)). If you wish to submit electronic bank statements these must contain all of the details listed above. In addition, you will need to provide either: a supporting letter from your bank, on company headed paper, confirming the authenticity of the statements; or an electronic bank statement bearing the official stamp of the bank in question will be accepted. This stamp should appear on every page of the statement. We will not accept statements which show the balance in the account on a particular day as these documents do not show that you hold enough funds for the full period needed. ii) Building society pass book covering a consecutive 90 day period, ending no more than 31 days before the date of application: The building society pass book should clearly show: your name; the account number; the financial institution s name and logo; any transactions during the 90 day period; that there are enough funds present in the account (the balance must always be at least 1,800 or 900 as appropriate) covering the 90 day period before the date of application. iii) Letter from bank confirming funds and that they have been in the bank for a consecutive 90 day period, ending no more than 31 days before the date of application: The letter from a bank or building society should show: your name; the account number; the date of the letter; Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 20 of 29 21

22 the financial institution s name and logo; the funds held in your account; that the funds of 1,800 or 900 as appropriate have been in the bank for at least a consecutive 90-day period on and immediately before the date of the letter. The letter must be dated no more than 31 days before the date of application. All statements must be on the bank s letterhead/official stationery. We will not accept letters which show the balance in the account on a particular day as these documents do not show that you hold enough funds for the full period needed. iv) The letter(s) from a regulated financial institution that you send us should cover a consecutive 90 day period ending no more than 31 days before the date of your application. The letter(s) must be the original (not a copy) and must clearly show: Your name; and the account number; and the date of the letter; and the financial institution s name and logo; and the money in the account and that the funds of 1,800 or 900 as appropriate, have been in the bank for at least a consecutive 90 day period on and immediately before the date of the letter. The financial institution must be regulated by the Financial Conduct Authority (FCA) and the Prudential Regulatory Authority (PRA) or, in the case of overseas accounts, by the home regulator (the official regulatory body for the country the financial institution is in and where the money is held) for the purpose of personal savings accounts. letter must be dated no more than 31 days before the date of application. All statements must be on the bank s letterhead/official stationery. We will not accept letters which show the balance in the account on a particular day as these documents do not show that you hold sufficient funds for the full period needed. Curtailing leave 93. The Home Office may curtail your leave to enter or remain if the endorsing body that endorsed the application which led to your current grant of leave: (a) loses its status as an endorsing institution for Tier 1 (Graduate Entrepreneur) Migrants, (b) loses its Highly Trusted Status under Tier 4 of the Points-Based System (for whatever reason), (c) ceases to be an A-rated Sponsor under Tier 2 or Tier 5 of the Points-Based System because its Tier 2 or Tier 5 Sponsor licence is downgraded or revoked by the Home Office, or (d) withdraws your endorsement. We may also curtail your leave for other reasons, for example if you commit a serious offence or Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 21 of 29 22

23 breach the conditions of your stay. Change of circumstances 94. You will need to inform us of changes, using the appropriate form. (Continued on next page) To change your: contact details; or details of your criminal convictions; or representative s details; or dependants details you must complete a change of circumstances form which is available on our website at: uk/visas-immigration/working/tier1/graduateentrepreneur/change-circumstances/ We will confirm that we have noted your change of circumstances in a letter. You should keep this letter with the original documents from your application. If your current grant of leave was made by means of a Biometric Residence Permit (BRP), to change your: name; date of birth ; nationality; gender; or appearance you must make an application for a new BRP, using the application form BRP (RC) which is available on our website at: www. ukba.homeoffice.gov.uk/sitecontent/ applicationforms/196971/formbrp pdf. You should also use the BRP (RC) application form if you need to replace a BRP that has been lost, damaged or stolen. Tier 1 (Graduate Entrepreneur) Policy Guidance version 10/2013 Page 22 of 29 23