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Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Good eveningI have a question related to rights under Tier

Resolved Question:

Good eveningI have a question related to rights under Tier 1 (Entrepreneur) Visa.My brother is applying for visa under the above from overseas and he is happy with the financial and language requirements for the visa. He is applying under investment requirement of £200k.The questions which he would specifically like to have responses for are as follows (as he will be applying with his family)1) He will be setting up a business and will be working for his own business. He would like to know if his spouse will be allowed to work (either in his business or elsewhere) if she ever chooses so2) Will his kids have access to state schools for education i.e. free education like everyone else settled in this country3) Will him and his family have access to medical treatment under NHS? He understands application fee now includes "healthcare surcharge" fee and would like to know if this is a one off fee. He suspects the fees probably covers treatment under NHS but would like to confirm if there will be further fees payable for any treatment.4) He wants to know if under normal circumstances he only need to submit application together with supporting documents or there is a requirement to attend an interviewI shall be grateful for detailed response.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The Tier 1 Entrepreneur visa applies to both the applicant and his dependents. So this means that if his spouse is included in the Tier 1 visa she has the right to live and work in the UK, whether in the business or elsewhere. So your brother's spouse can work in the UK.
Expert:  Buachaill replied 1 year ago.
2. Once your brother and his dependents have the right to live and work in the UK, this includes the right to access the STAte school service. However, be aware, as a matter of practicality that a child generally has to be six months in the catchment area of a particular school to qualify for inclusion in the roll of that school. So consideration should be given as to how to school any children for the first six months.
Expert:  Buachaill replied 1 year ago.
3 . The "healthcare surcharge" is designed to capture the costs associated with immigrants using the NHS. Accordingly, your brother and all his dependents upon the visa will be able to access NHS care once he takes up the visa. As part of this, there will not be any further fees for treatment.
Expert:  Buachaill replied 1 year ago.
4. Although not all Tier 1 Entrepreneur visa applicants are called for an interview, the Home Office will request an interview if further information is needed or if there are any concerns regarding the application. The interview is basically designed to check that the applicant genuinely intends and is able to establish, join or take over a business in the UK. Considerations and questions generally relate to the business and the applicant's background.
Customer: replied 1 year ago.
Just couple of further clarifications and I would number them in the order of original question and your response1) You are saying she would be allowed to work anywhere in the UK even though her husband will not be allowed to work for anybody else on Tier 1 Entrepreneur visa3) The reference to catchment area: does this mean they cannot apply for a place in school for 6 months or does this mean they will not get automatic preference to the school in catchment area?
Expert:  Buachaill replied 1 year ago.
5. The answers are (1) Yes, there are not preconditions on her ability to work for whoever she wishes and that includes in any part of the UK. There is no requirement that they must both work in the same town.
Expert:  Buachaill replied 1 year ago.
6) As regards (3), I have only served to highlight the difficulties which might be experienced in accessing the STAte schools system. Most schools have no pressure on spaces. However, in London, there is an issue concerning catchment areas. There is automatic preference if you are in a catchment area. So until six months have elapsed, there is no preference.
Expert:  Buachaill replied 1 year ago.
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