Last week we received the wonderful news that our client (“the Applicant”) has been granted indefinite leave to remain in the UK as a Tier 1 Entrepreneur. Due to Covid-19, the case was not entirely straightforward, however, our detailed representations explained the Applicant’s exceptional circumstances and the application was successful. 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.
The case for Tier 1 Entrepreneur Settlement
The Applicant was a Canadian national who had spent 5 years in the UK as a Tier 1 Entrepreneur. His visa extension had come to an end over the summer however he had missed out on applying for his indefinite leave to remain within the 28 days of his visa expiring. This was due to the Applicant having unfortunately caught Covid-19. Under normal circumstances, this would have caused issues as the Applicant would have become an overstayer. However, during the first few months of the pandemic, the Home Office introduced temporary exceptions and visa extensions. The Home Office guidance at the time stated:
“If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period. However, you must now do so by 31 August 2020 or make arrangements to leave the UK”.
The Applicant made his application by the 31 August 2020 deadline and the application was considered as in-time. Our detailed legal representations and supporting documents also ensured that the Applicant would not be punished for not having applied whilst his visa was still valid.
The Applicant satisfied all of the requirements for Tier 1 Entrepreneur settlement and once we reviewed all of the supporting documents to ensure they met the Home Office criteria so we then submitted the application. Home Office biometric services resumed in September 2020 so we were finally able to book the Applicant an appointment. We had uploaded all of his supporting documents prior to the appointment so he just needed to take his passport and appointment confirmation. The Applicant then received a positive decision on his application within the 6 month service standard.
It is imperative 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 a route under the old point based system for non-EEA business people who wanted to set up or join an existing business in the UK. The Tier 1 Entrepreneur route is closed to new Applicants and was replaced by the Start-up and Innovator visas. Applicants who currently have a valid Tier 1 Entrepreneur visa are still able to apply to extend their visa under the Tier 1 Entrepreneur route until 5 April 2023. Applications for Tier 1 Entrepreneur settlement can be made until 6 April 2025.
What are the requirements for Tier 1 Entrepreneur Settlement?
Applicants for Tier 1 Entrepreneur ILR must score 75 points under paragraphs 35 to 53 and Table 6 of Appendix A of the Immigration Rules. This includes the following:
- Applicant has invested at least £200,000 directly into one or more UK business;
- Applicant must be registered with HMRC as self-employed or be registered with Companies House as a director of a UK company or member of a UK partnership;
- Applicant must have created the equivalent of at least 2 full-time jobs for British or settled workers.
All the other requirements for indefinite leave to remain must also be met, such as:
- Demonstrating knowledge of life and language in the UK by passing the Life in the UK test and satisfying the English language requirement; and
- Must not be absent from the UK over a specific number of days (180 days in a 12 month period).
How our immigration solicitors can help with Tier 1 Entrepreneur Settlement
Our immigration solicitors in London specialise in visa applications and prepare applications to the highest standard. We have an impeccable track history of submitting successful Tier 1 Entrepreneur settlement applications for a range of business clients. The key to submitting successful Tier 1 Entrepreneur ILR applications is being aware of the relevant Immigration Rules and submitting the correct supporting documents. Our immigration solicitors in London guide Applicants through the requirements and prepare detailed legal submissions in support of the application. In addition to the legal representations, our team of solicitors also provides multiple substantial reviews of the application bundle to ensure that the correct documentary evidence is submitted. We also prepare and assist with the submission of the application.
Using our Immigration Solicitors in London to submit a Tier 1 Entrepreneur Settlement application
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a Tier 1 Entrepreneur ILR application to submit a visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
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 application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
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 02071830570 or complete our contact form.