Our client, the Applicant, has finally received the much awaited news that his application has been successful. He has now been granted indefinite leave to remain in the UK under the previous Tier 1 Entrepreneur category. This is a testament to our hard work and dedication, and we are proud to have played a part in its success.
Our Client (“the Applicant”) had spent 3 years in the UK after being granted entry clearance as a Tier 1 Entrepreneur migrant in 2017. The case seemed pretty straightforward for our Client as he satisfied most of the requirements of the Home Office, take for example the English Language requirement, as he was a national of a majority speaking English country, namely United States of America and was therefore met.
Our Client being a high net worth individual had established a successful business in the UK which exceeded the financial projections outlined in the business plan submitted with the initial entry clearance application. The Applicant met the investment criteria and is registered with Companies House as a director and has continued to hold director status. Although he had created multiple jobs for settled workers but the Pandemic forced our client’s hand to furlough 2 employees for a period of 7 months during the lockdown.
The Home Office’s guidance at the time specified the following:
“If you’re on a Tier 1 Entrepreneur visa and your business has been disrupted you no longer need to employ at least 2 people for 12 consecutive months. The 12-month period you’re required to employ someone for can be made up of multiple jobs across different months”.
Our detailed representations and the carefully organised supporting documents provided to the Home Office allowed us to explain the Applicant’s circumstances in regards to the Job Creation Requirement which led to the application being granted. Our business immigration solicitors in London are regularly instructed to prepare Tier 1 Entrepreneur settlement applications and are happy to arrange a consultation to discuss all of the requirements for a successful application.
It is crucial that settlement applications are submitted within 28 days of the expiry of the visa, otherwise, you will be classed as an overstayer.
What is a Tier 1 Entrepreneur visa?
The Tier 1 Entrepreneur visa category was part of the previous point-based system, providing a pathway for non-EEA businesspersons interested in setting up or joining a business in the UK. However, the Tier 1 Entrepreneur route is no longer open to new applicants and has been substituted with the Start-up and Innovator visas. Nonetheless, existing holders of valid Tier 1 Entrepreneur visas may still apply to extend their visa via the Tier 1 Entrepreneur route until 5 April 2023, while applications for Tier 1 Entrepreneur settlement can be made until 6 April 2025.
What are the requirements for Tier 1 Entrepreneur Settlement?
To be eligible for Tier 1 Entrepreneur Settlement, you must meet the following requirements:
- You must have lived in the UK for a continuous period of five years as a Tier 1 Entrepreneur visa holder.
- You must not have breached the terms and conditions of their Tier 1 Entrepreneur visa, or any other immigration law.
- You must have created at least two full-time jobs for people settled in the UK for a minimum of 12 months each, or the equivalent in part-time jobs.
- You must have made and maintained investment of at least £200,000 directly into one or more UK business;
- You must have sufficient knowledge of the English language, evidenced by passing an approved English language test or by holding an approved academic qualification taught in English.
- You must not have a criminal record or have been found guilty of any immigration offenses.
- You must meet the financial requirements, which include having enough money to support yourself and any dependents without relying on public funds.
Additionally, to obtain indefinite leave to remain, you must satisfy the Home Office that:
• You have established a life in the UK by passing the Life in the UK test.
• You have not stayed outside of the UK for a certain number of days (which is 180 days within 12 months).
It is important to note that the requirements for Tier 1 Entrepreneur Settlement may vary depending on your individual circumstances, and applicants are advised to seek professional advice before applying.
How our immigration solicitors can help with Tier 1 Entrepreneur Settlement
Our team of immigration solicitors based in London specialises in preparing visa applications to the highest standards, with a proven track record of successful Tier 1 Entrepreneur settlement applications for a diverse range of business clients. The key to our success lies in our in-depth knowledge of the relevant Immigration Rules and our ability to submit the correct supporting documents. Our solicitors provide comprehensive guidance to applicants throughout the process and prepare detailed legal submissions that are tailored to their individual circumstances.
In addition to providing expert legal representation, we conduct multiple thorough reviews of the application bundle to ensure that all relevant documentary evidence is included. We also assist with the preparation and submission of the application, giving our clients the best possible chance of success. Our commitment to providing a high-quality service and our attention to detail have earned us a reputation as one of the leading immigration firms in London
Successful Tier 1 Entrepreneur Settlement applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a Tier 1 Entrepreneur settlement application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a visa application and ensure that you meet all the requirements under the Immigration Rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice, and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a visa application.
Contact our London immigration solicitors on 02030110276 or complete our contact form.
Authored by Tehreem Fatima, Paralegal