University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
Tier 1 Graduate Entrepreneur
Institutuional Procedure
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
Contents
1
Introduction
1.1 Endorsing a graduate
1.2 Endorsement reference number and endorsement letter
1.3 How many endorsements can be made
1.4 Univrersity responsibilities
1.5 Extending an endorsement
2
Sponsored places
3
Visa Requirements
4
Application selection process
4.1 Making an application
4.2 Selection Criteria
4.3 Short-listed applicants
5
Panel interviews
6
Applications appeals process
7
Conditions of participation on the Scheme
7.1 Immigration permissions
7.2 Criteria
7.3 Intellectual property
7.4 Legislative Framework
7.4.1
Visas
7.4.2
Business and other legalities
7.5 Team participation
8
Progression
9
Extend the Tier 1 Graduate Entrepreneur visa
10
Early completions of the scheme
11
Progress, assessment and appeals process
12
Business incubation
13
Confidentiality
14
Conflict of interest
15
Non-compliance
16
Ensuring the effectiveness of the procedure
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
1.
Introduction
1.1 Endorsing a graduate
To receive an endorsement from the University, the graduate must have been awarded a
bachelor’s degree, master’s degree or PhD before they can make a Tier 1 (Graduate
Entrepreneur) application.
In some cases the University may be able to endorse a post-doctoral researcher who is
switching from Tier 2. Further information about this can be found in the Tier 1 (Graduate
Entrepreneur) policy guidance. In any such cases the matter should be referred to the ISAS
for clarification.
The
link to policy guidance
can be found at
https://www.gov.uk/government/publications/guidance-on-applications-under-tier-1graduate-entrepreneur
Before endorsing a graduate the University must ensure that the graduate:
• has a genuine, credible and innovative business idea
• will spend the majority of their working time on developing this idea
1.2 Endorsement reference number and endorsement letter
The University must provide the graduate with an endorsement letter which contains an
endorsement reference number. The University has been provided with a list of
endorsement reference numbers. The endorsement letter must be an original document
provided by the University and not a copy. It must contain the following information:
Example letter
CONFIDENTIAL
For the attention of the Home Office
Dear Sir/Madam
RE:
Tier 1 (Graduate Entrepreneur) application of Mr/Mrs/Ms/Dr [Name]
I have the consent of [name] to endorse their application. I will confirm the contents of this
letter to the Home Office at their request.
Endorsement reference number
Endorsement date of issue
Endorsement expiry date
Applicants name
Applicants date of birth
Applicants nationality
Applicant’s current passport number
Details of any dependants (those already here or those the
applicant intends to bring to the UK)
Name of the endorsing body
University contact person
Contact details
Applicant qualification information:
Name
Title of award/Qualification
Level of award
Date of award
[Name]’s intended business sector or business intention is:
The University of Birmingham
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
For initial applications: Reason for endorsing this applicant:
(Delete if note applicable) For extension applications: We have assessed [name] and confirm
that they have made satisfactory progress because:
Signature of authorised person of the endorsing body:
1.3 How many graduates you can endorse
The University endorse up to 10 graduates
1.4 University responsibilities
After endorsing a graduate, the University must:
• keep evidence of the endorsement selection process for each graduate
• maintain contact with the graduate and assess their progress at regular intervals (at least
quarterly)
The University must contact UKVI if:
• the graduate does not stay in contact, or misses one of their progress reviews without
University authorisation
• if the University has evidence that the graduate is breaking the conditions of their leave
• a graduate is no longer in the UK or if they are no longer here under Tier 1 (Graduate
Entrepreneur)
If the University does not meet its responsibilities, it may be withdrawn from the scheme and be
unable to endorse graduate entrepreneurs until the next full financial year.
1.5 Extending an endorsement
The university needs to provide a new endorsement for graduates who are applying to extend
their Tier 1 (Graduate Entrepreneur) leave. The university endorsement letter must confirm that
the University is satisfied with the progress the graduate has made in developing their business
ideas.
2.
Sponsored places
The University may select up to ten graduates per year to sponsor and candidates will be selected on
the basis of evidence of a viable and feasible business proposition, and demonstration of the personal
potential to succeed as an entrepreneur.
The deadline dates for applicaitons from candidates are normally as shown below but applicants are
advised to see the website for full information:
https://intranet.birmingham.ac.uk/as/employability/ei/programmes/grad-visa.aspx
Applications must be emailed to ei@contacts.bham.ac.uk by close of business (17:00) on the last
working Friday in each of the following months:
 March
 June
 October
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
3.
Visa requirements
Before the student should be considered under the Scheme, they should first establish that they hold
the correct visa to permit applying under Tier 1 GE visa in accordance with UK Visas and Immigration
(UKV&I) criteria.
Students must have their visa checked by sending a scan of their visa to the International Student
Advisory Service (ISAS) who confirm to Entrepreneurship and Innovation if the student meets
essential immigration criteria for making a Tier 1 GE application.
If Entrepreneruship and Innovation proceed with the application and the student is approved, the
ISAS can support further by checking their visa application. To arrange this being done the student
should log enquiry to the ISAS on www.studenthelp.bham.ac.uk and attach scans of the documents to
be checked.
Should a student not be able to provide documentation meeting UKV&I criteria, the ISAS will notify
the student and Entrepreneurship and Innovation.
If the application meets UKV&I critieria it will be submitted using UK&I on line by the student. If a visa
is granted, the student is required to inform the Entrepreneurship and Innovation team so that their
programme of business incubation can be agreed. The student will provide their new visa to be
copied by Entrepreneurship and Innovation. A copy of the visa should be sent to the ISAS to be held
for Home Office audit processes.
Staff in the Schools or Entrepreneurship and Innovation are unable to advise on the visa application
process.
When a visa is granted the visa holder is responsibie for ensuring that they abide by the conditions of
their visa and undertake any required activity or provide the University or Home Office with
documentation or evidence as required. Failure to adhere to visa conditions could result in the
Unviersity making a report to UKV&I and the visa holder could face UKV&I sanctions including having
their visa curtailed (cancelled) and having to return to their country of origin.
4.
Applicaiton Selection Process
The following two stages form the formal selection process.
4.1
Making an application
Students interested in applying for at T1GE visa must submit a typed request (application) by
the relevant application deadline to:
(https://intranet.birmingham.ac.uk/as/employability/ei/programmes/grad-visa.aspx).
Further details of what this should contain and maximum words permissible can be found at
the above web link.
The application will be considered confidentially by a panel of three people who will be
either:
(a) Members of staff from the Entrepreneurship and Innovation unit; and/or
(b) The students appointed advisors.
Applications will either be:
(a) Short-listed for progression to an interview; or
(b) Returned with feedback explaining why they have not been short-listed.
Unsuccessful applicants will be given a deadline should they wish to re-submit a new
application to a future selection round. When the application is returned, the Panel will,
without prejudice, adress the issues highlighted in the feedback.
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
4.2
4.3
5.
Selection criteria
The selection criteria will be applied to each application and the panel must achieve
concensus on all of the following:
4.2.1
Business potential
(a) The product/service is well defined;
(b) The business idea has potential for commercial viability and to benefit the UK
economy;
(c) There is a clear and convincing plan of action to develop the business;
(d) The business is innovative and of 'graduate level' which is at least Undergraduate
level.
4.2.2
Applicant Potential
(a) The applicant could develop this into a business;
(b) The applicant demonstrated evidence of personal qualities to succeed;
(c) The presentation was well prepared and delivered
4.2.3
Programme
A T1GE visa together with access to the University's incubation services are an
appropriate vehicle for supporting the applicant.
Short-listed applicants will be formally invited to attend a panel interview.
Panel Interviews
The Panel will consist of a minimum of three assessors, including at least one member of the
Entrepreneurship and Innovation staff team.
Panel interviews will normally last between 30 and 40 minutes which include presentation time and
questions from the Panel.
Should a team be making a presentation the format of team panel presentations will be adjusted
according to the size of the presenting team. See section 7.5 for further information on team
applications.
Applicants should prepare a presentation of up to, but not exceeding, 15 minute which outlines their
business proposal and demonstrates their personal suitability to developing the business.
Outcomes will normally be communicated to the applicant within three working days after the last
interview for that application round has taken place.
The Panel will make one of the following recommendations:
(a) The applicant is unsuitable to develop the proposed business and the application is rejected
(b) The proposed business is not sufficiently viable or feasible and the application is rejected.
(c) The proposed business requires minor adjustments to be deemed viable and feasible. The panel
will agree a timetable for the applicant to submit supplementary information and/or meet with
members of the panel. The final decision will be made by chair's action.
Following an interview, all candidates will be provided with written feedback on their own
application. Entrepreneurship and Innovation will not release the details of other applications.
Successful applicants will be referred to the International Student Advisory Service for support with
their visa application (see 3 above).
6.
Application appeals process
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
While judgements regarding the suitability of the candidate or the business proposal are normally
final, applicants can exercise their right to appeal against the decision should they feel that process
has not been followed.
Where the processes outlined in this document may not have been followed, an appeal may be made
to the Chair of the interview panel (or nominee), who may determine that:
(a)
the process was followed correctly and therefore the decision is upheld and no further action
should be taken, or
(b)
the process was not followed correctly but that the outcome would not have been affected,
in which case recommendations will be made to made to the process to ensure future
compliance, but no other action will be taken, or
(c)
the process was not followed correctly, which may have affected the outcome, and therefore
the panel (or a new panel) should be reconvened to consider the application afresh.
Please note, where all available Certificates of Sponship have been allocated to applicants, then
regardless of the outcome of an appeal, no further places can be awarded.
7.
Conditions of participation on the Scheme
7.1
Immigration permissions
The applicant must hold visa permissions that permit being considered under T1GE
7.2
Criteria
The applicant must meet criteria set out in parts (4) and (5) above
7.3
Intellectual Property
It is essential that the applicant declares any intellectual property (IP) that the business
depends on, and can demonstrate that they have the necessary permissions or ownership of
the intellectual property to progress the business.
Where the University has any stake whatsoever in the intellectual property, then the
applicant must have the approval and permission of the University before the applicant can
be recommended for sponsorship to the visa.
Applicants should discuss this with their supervisor or tutor in the first instance, and will also
need to work with their department/school's Business Development Manager, and Research
and Commercial Services.
7.4
Legislative framework
7.4.1
Visa - When a visa is granted the visa holder is responsibie for ensuring that they
abide by the conditions of their visa and provide any such necessary evidence to this
effect. Failure to adhere to visa conditions could result in a report to UKV&I and the
visa holder could face Home Office sanctions including having their visa curtailed
(cancelled) and having to return to their country of origin;
7.4.2
7.5
Business and other legalisites - the business proposal must also meet with all other
UK legal requirements. Where there are other dependencies (including, but not
limited to the granting of licences, accreditations, or working partnerships), it must
be demonstrated that there is a strong high degree of probability that these will be
achieved.
Team participation
It is recognised that many successful businesses are created by teams. Applications are
welcomed from teams of two or more students, including other international students or
UK/EU students.
It must be demonstrated that any individual(s) who are part of the team and who require a
T1GE visa has a role in the business startup which is essential to the success of the business.
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
However, recommendations for sponsorship for a Tier 1 GE visa will be made on a person-byperson basis, and discussions with the student will take into account any risks introduced by
the dependence of the business on other team members and the potential future impact, e.g
should an EEA/EU team member leave team and the business idea becomes unsustainable,
the University would inform UKBA that they were no longer sponsoring the international
student who when then be expected to return to their country of origin or switch to a
different visa route. In this circumstance the visa holder would be refered, as a matter of
urgency, to the ISAS for advice and guidance.
8.
Progression
The programme of business incubation will normally begin from the submission of a T1GE visa
application that the ISAS advisor believes meets UKV&I criteria for making an application. However, if
it felt that the applicant should wait for the outcome their visa application, the applicant wil be
informed and the start date of will be when their visa is granted. A decision will be made on a caseby-case basis.
When the programme of business incubation starts, the incubee will be assigned a programme
manager from the Entrepreneurship and Innovation team.
8.1
The process during the time granted on the visa will normally reflect the following:
8.1.1
The incubee will be required to revise their business plan in consultation with their
programme manager, adjusted to the known start date. Appropriate milestones will
be agreed and set, which will be reviewed monthly with the programme manager.
8.1.2
A two year plan should be set out, which would, if followed, enable the incubee to
meet the necessary business criteria for a T1GE visa.
8.1.3
A monthly meeting should take place between the programme manager and the
incubee in which the programme manager must be satisfied that the business is
progressing according to the milestones, and that any adjustments to the plan still
support the two-year goal.
The incubee will be expected to demonstrate that progress is being made. Evidence
will vary person-by-person, but may include one or more of the following: business
financial records, testimonials from clients, correspondence with clients and
suppliers, marketing materials, contracts, invoices, time sheets.
8.1.4
Following each monthly meeting, a summarised record of the meeting will be
copied to the Head of ISAS.
9.
Extending a Tier 1 Graduate Entrepreneur visa
If an incubees wishes to extend their visas for a further twelve months they must first discuss this
with their programme manager who will inform Entrepreneurship and Innovation so as a new
application can be considered.
10.
Early completion of the scheme
10.1
Mutual agreement
If the incubee advises their programme manager that they no longer wish to continue with
their business idean but want to close the business and exit the scheme early, they should
notify the programme manager in writing. The programme manager will then notify ISAS
who will meet with the incubee and outline their immigration situation.
When withdrawal has been formally completed, Entrepreneurship and Innovation will send
formal confirmation to the ISAS who will inform the Home Office that T1GE immigration
sponsorship is being withdrawn.
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
10.2
Unsatisfactory progress
If at any point the programme manager identifies that satisfactory progress is not being
made and that this might breach the conditions of the visa, or; activities of the entrepreneur
might damage the University's reputation or jeopardise its Highly Trusted Status, the
programme manager will:
(a) Notify ISAS
(b) Request that the incubee addresses the issues and report back on progress within ten
working days (University working days unless otherwise indicated) from the date of the
request
(c) If satisfactory progress cannot be demonstrated, or there remains a risk to the
University, the programme manager will convene a Panel at the earliest opportunity.
The panel will comprise
(a) The programme manager
(b) A member of ISAS
(c) A member of academic or administrative staff of the University, invited to chair the
group
The Panel will interview the incubee and make a decision to either:
(a) Continue the incubee sponsorship and resume the programme;
(b) End the incubee sponsorship;
(c) Continue the incubee sponsorship under a period of further review, with additional
checks to be made.
IF the decision is made to withdrawal immigration sponsorship Entrepreneurship and
Innovation will send formal confirmation to the ISAS who will inform the Home Office that
T1GE immigration sponsorship is being withdrawn.
10.3
11.
Other cause
Any action by the incubee which, were they staff or students of the University, would result
in disciplinary proceedings will be reported immediately to the Director of Academic Services
who will decide the course of action to be taken, including but not limited to immediate
suspension/revocation of the incubee immigration sponsorship.
Progress, assessment and appeals process
The following is applied to the process in section 7 as outlined above.
11.1
Monthly progress
In the event that a panel is required to assess progress, and the incubee wishes to appeal the
decision of the panel, they may write to the Director of Academic Services whose nominee
will propose an alternative panel to review the evidence. This panel may:
(a) Uphold the decision of the first panel.
(b) Recommend alternative course of action, usually including a review period and
obligations to be met by the incubee and the programme manager
11.2
Misconduct
Appeals for misconduct will be dealt with in the same manner as student misconduct.
11.3
Further extension of leave under Tier 1 Graduate Entrepreneur
Judgements regarding the suitability of the candidate or the business plan for coninuation
into a second twelve month period are final and cannot be appealed.
Where the processes outlined in this document have not been followed, an appeal may be
made to the Director of Academic Services, who may determine that:
(a) the process was followed correctly and no further action be taken, or
University of Birmingham
Tier 1 (Graduate Entrepreneur)
Procedure
(b) the process was not followed correctly but that the outcome would not have been
affected, in which case recommendations will be made to ensure future compliance, but
no other action will be taken, or
(c) the process was not followed correctly, which may have affected the outcome, and
therefore the panel (or a new panel) should be reconvened to consider the application
afresh.
Please note, where all available Certificates of Sponship have been allocated to applicants, then
regardless of the outcome of an appeal, no further places can be awarded.
12.
Business Incubation
Being sponsored for a T1GE visa application indicates that the University has identified that a student
as having the potential to succeed.
In addition to monthly progress checks, incubees will have access to the University's student
incubator facilities and the opportunity to network with other student and graduate entrepreneurs.
There will be opportunities to attend training events and benefit from other incubation support.
Entrepreneurship and Innovation operate a number of schemes to support entrepreneurs through
training, mentoring and financing. Sponsorship for a visa does not imply that an incubee will
automatically be accepted on one of these programmes. However, where eligible they will be
encouraged to apply.
In addition the Entrepreneurship and Innovation team will work with the incubee to source a suitable
business mentor, and to approach investors, where appropriate.
13.
Confidentiality
Confidentiality of information is in accordance with university policy.
14.
Conflict of interest
Conflicts of interest will be reported to Entreprenership and Innovtaion
15.
Non-compliance
Non-compliances will be addressed in accordance with policy and procedure.
16.
Ensuring the effectiveness of the procedure
Existing and new members of staff involved in the process in the School, ISAS and Entreprenuership
and Innovation will be introduced to this procedure via local induction and training.
The process will be reviewed annually by the Head of ISAS but amendments will be made immediately
should immigration rules change.