The Tier 1 Entrepreneur visa was designed for individuals who wished to establish or take over an existing business in the UK. The key requirement was investing at least £200,000 into the business. The Tier 1 Entrepreneur visa route has been closed for new applications and replaced with the Start-up and Innovator visas. However, the route remains open for Tier 1 Entrepreneur extension and settlement (indefinite leave to remain) applications. The route will remain open for settlement applications until 6 April 2025.
What is Tier 1 Entrepreneur settlement?
Tier 1 Entrepreneur settlement is the same as indefinite leave to remain. Applicants on this visa route can apply to settle in the UK after five years. Applicants who obtain settled status would be free of immigration control and would no longer need to worry about submitting visa applications every 30 months. There are a number of requirements that must be met (see below). The Home Office also offers the option of accelerated settlement for those who have created 10 or more full-time jobs or a business income of £5 million.
What are the requirements for Tier 1 Entrepreneur settlement?
The Tier 1 Entrepreneur route is governed by the Immigration Rules and is a Points Based System application. Applicants will be awarded points for meeting certain requirements. In order to submit a successful application, you must score 75 points under Appendix A to the Immigration Rules. Further, Tier 1 Entrepreneur applications must be submitted in accordance with the requirements under Paragraph 245DF of the Immigration Rules. Applicants must meet the following requirements.
- Must not fall under the general grounds of refusal (must be of good character);
- Must have 5 or 3 years (depending on route) of continuous residence in the UK and must not have excessive absences;
- Must score 75 points under Appendix A (see below); and
- Must meet the English language requirement and knowledge about life in the UK in accordance with Appendix KoLL.
In order to be awarded 75 points you must meet the following requirements:
- You must have invested at least £200,000 in cash directly into one or more UK business;
- You must be registered with HM Revenue and Customs as self-employed or be registered with Companies House as a director of a UK company or member of a UK partnership;
- You must have created at least 2 full-time jobs for British or Settled workers; and
- You must have acquired 5 years of lawful residence in the UK.
Applicants must submit the application online using the SET O form. Following this, they must submit their documents and provide their biometric information.
What is the absences requirement in Tier 1 Entrepreneur settlement applications?
Applicants must not have more than 180 days outside the UK during any consecutive 12-months of the qualifying period. As a part of the application, Applicants are required to list all absences from the UK. If a trip cannot be remembered, we can assist by requesting your travel information from the Home Office. If Applicants go above the required absences threshold but have a good reason, we can then submit detailed submissions explaining why the absences have exceeded the 180 days. There are a number of accepted reasons for having excessive absences from the UK such as work-related absences, serious or compelling circumstances, and natural/humanitarian disasters. It is yet to be seen whether Coronavirus COVID-19 falls under these categories. However, it is our professional opinion that the Home Office will not punish Applicants who were forced to remain outside the UK due to COVID-19 unfairly.
What is Tier 1 Accelerated Settlement?
The Home Office introduced accelerated settlement for Applicants who wish to settle in the UK before the traditional 5-year period. Applicants can apply for accelerated settlement after 3 years of holding leave under the Tier 1 Entrepreneur category. In addition to the normal requirements, Applicants must be able to show that they have created 10 full-time jobs for British or settled workers or the business has an income of at least £5 million. Applicants will be required to provide documentary evidence of how each requirement is met. For example, if an Applicant is relying on the £5 million income, they must submit audited accounts and a letter from their accountant. Both documents must meet the Home Office requirements as per the Tier 1 Entrepreneur Policy Guidance.
When is the earliest I can submit my Tier 1 Entrepreneur settlement application?
The earliest an Applicant can apply for Tier 1 Entrepreneur settlement is 28 days before the end of the qualifying period. Applications submitted earlier than this will be refused. The qualifying period is either 5 or 3 years depending on the route they are applying under. If you need assistance in calculating when to apply please contact our business immigration team.
Can my family members also apply for Tier 1 Entrepreneur settlement?
Yes, if your family members are dependents on your visa they can also apply for settlement. However, they must have acquired the 5 years of consecutive leave under the entrepreneur category.
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 clients. The key to submitting a successful Tier 1 Entrepreneur settlement application 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 to submit Tier 1 Entrepreneur settlement
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 settlement 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.
Successfully submit Tier 1 Entrepreneur settlement applications
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.