In recent years the United Kingdom has become one of the most popular and in-demand countries for inward investment from overseas. In particular, the UK has become an important investment hub for Tier 1 Entrepreneurs. The Tier 1 Entrepreneur visa enables overseas business people to set up or taken over an existing business in the UK (subject to the Immigration Rules being met). A key attraction for the Tier 1 Entrepreneur visa is the opportunity to submit a Tier 1 Entrepreneur Indefinite Leave to Remain application after 5 years of continuous leave in the UK. In some circumstances, Applicants may be able to apply for accelerated settlement after 3 years.
The requirements for a Tier 1 Entrepreneur Indefinite Leave to Remain application
An important and noteworthy benefit of entering the UK on a Tier 1 Entrepreneur visa is the possibility of settling in the UK. If you can meet the Tier 1 Entrepreneur Indefinite Leave to Remain requirements you may be able to submit an application for Indefinite Leave. Once you have held Indefinite Leave to Remain for a period of one year you can then apply for British Citizenship. For many Applicants, acquiring British Citizenship is the ultimate goal.
In order to qualify for a Tier 1 Entrepreneur Indefinite Leave to Remain application, Applicants must ensure they meet the following requirements:
- It is important that Applicants can demonstrate that they have good conduct and that they do not fall under the General Grounds for Refusal. Further, Applicants must be able to show that they have valid Immigration status and at the time of their arrival by showing that they had valid Entry Clearance or Leave to Remain. Further, Applicants must not have breached or be in breach of any of the UK Immigration laws during the validity of the Tier 1 Entrepreneur visa;
- Applicants must not have excessive absences;
- The Tier 1 Entrepreneur application is an application under the Point Based System (PBS) therefore Applicants who wish to apply for Tier 1 Entrepreneur Indefinite Leave to Remain must ensure they score a minimum of 75 points under Paragraph 35 to 53 of Appendix A to the Immigration Rules; and
- Applicants must show that they have sufficient knowledge of the English language and sufficient knowledge about Life in the UK in accordance with Appendix KoLL to the Immigration Rules.
In addition to the above, Applicants must be able to show that since the grant of their initial Entry Clearance Tier 1 Entrepreneur application they have:
- Taken over an existing business or established a business presence in the UK;
- Have genuinely operated at least one business or a number of businesses since the grant of their Tier 1 Entrepreneur leave;
- Have genuinely invested the money referred to in Table 6 of Appendix A to the Immigration Rules into one or more businesses in the UK; and
- Genuine intention to continue to operate their business or businesses.
Our specialist Immigration Team regularly assists Applicants with successful Tier 1 Entrepreneur Indefinite Leave to Remain applications. For a free case assessment over the telephone please do not hesitate to contact us on 0207 1830 570.
Accelerated Tier 1 Entrepreneur Indefinite Leave to Remain application
It is possible for some Applicants to benefit from the accelerated settlement option. If Applicants can demonstrate that they have business activity in the sum of £5 million or more, they can apply for Tier 1 Entrepreneur Indefinite Leave to Remain after 3 years and not 5 years. To successfully apply for Tier 1 accelerated settlement you must be able to provide the specified list of documents required by the Home Office. If you cannot provide the specified documents, your application is likely to be refused and you will either have to apply again or wait for the 5 year period.
Important considerations in your Tier 1 Entrepreneur Indefinite Leave to Remain application
There are a number of important considerations Applicants must be mindful of when submitting their Tier 1 Entrepreneur Indefinite Leave to Remain application. The Home Office will consider the following when making a decision on your Tier 1 Entrepreneur Indefinite Leave to Remain:
- The documentary evidence submitted with your application – There is a list of mandatory documents required by the Home Office, but it is also very important to submit further supporting documents which may not be specified. Supporting documents can be very important in providing the Home Office with a true and accurate reflection of an application. For every application LEXVISA prepare our Solicitor’s prepare a bespoke documents list for every Tier 1 Entrepreneur Indefinite Leave to Remain application;
- The Home Office will assess the viability and credibility of your Tier 1 Entrepreneur Indefinite Leave to Remain application. This includes the credibility of the source of money referred to in your application. Further, the Home Office will also assess the credibility of your business activity in the UK; and
- The Home Office may also consider whether your business has had a positive impact on job creation in the UK.
Once you have submitted your Tier 1 Entrepreneur Indefinite Leave to Remain application the Home Office can write to you to request for further documents. This is not ideal as it is likely to delay a decision on your application. Therefore it is important all the correct mandatory and supporting documents are submitted with your Tier 1 Entrepreneur Indefinite Leave to Remain application.
It is also possible for the Home Office to invite you in for an interview. In our experience, the Home Office usually invite Applicants in for an interview where they have prepared a weak or defective application. Our specialist immigration team have a proven method of submitting successful Tier 1 Entrepreneur Indefinite Leave to Remain applications.
Using Legal Representation to submit a Tier 1 Entrepreneur Indefinite Leave to Remain application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Tier 1 Entrepreneur Indefinite Leave to Remain application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Tier 1 Entrepreneur Indefinite Leave to Remain application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur Indefinite Leave to Remain application meets the Immigration Rules.
Successful Tier 1 Entrepreneur Indefinite Leave to Remain Application
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 immigration status and the merit of your Tier 1 Entrepreneur Indefinite Leave to Remain application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Tier 1 Entrepreneur Indefinite Leave to Remain application and ensure that you meet all the requirements of the relevant 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. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Tier 1 Entrepreneur Indefinite Leave to Remain application. 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.