If you currently hold a Tier 1 Entrepreneur Visa, you can apply to settle in the UK as a Tier 1 Entrepreneur until April 5, 2025. Successfully obtaining Indefinite Leave to Remain (ILR) will free you from immigration time restrictions, allowing you to live and work in the UK indefinitely.
Note: The Entrepreneur Visa category is no longer open to new entrants. However, existing Tier 1 Entrepreneur migrants can still extend their stay and settle in the UK.
Instructing our leading London immigration law firm for preparing and submitting your judicial review application offers expertise in Tier 1 settlement visa. Our firm specialises in immigration law and has a proven track record of successful applications. We possess the knowledge and experience to navigate complex legal procedures effectively.
Requirements for Tier 1 Entrepreneur Visa ILR
To qualify for ILR as a Tier 1 Entrepreneur, you must satisfy UK Visas & Immigration (UKVI) that you meet several criteria:
- Business Registration: You must have registered as a business director or as self-employed within six months of entering the Tier 1 Entrepreneur category and remain registered within three months before your application date.
- Investment: You need to have invested at least £200,000 or £50,000 (as applicable) in one or more UK businesses.
- Job Creation: You must have created at least two full-time jobs for settled persons in the UK, with each job lasting at least 12 months.
- Genuine Business Operation: Demonstrate that you have established, taken over, or become a director of a genuine UK business, have genuinely operated that business, and intend to continue doing so.
- Residency: You must have spent a continuous five-year period lawfully in the UK as a Tier 1 Entrepreneur, with no more than 180 days absent from the UK each year.
- English Language and Life in the UK: You must prove sufficient knowledge of the English language and life in the UK.
Accelerated Settlement
You can apply for accelerated settlement after three years if you create at least ten new full-time jobs or achieve a business turnover of at least £5 million. The specific requirements depend on your individual circumstances, so consulting an immigration lawyer is advisable.
Job Creation Requirement for Tier 1 Entrepreneur ILR
To meet the job creation requirement, you must have created the equivalent of two full-time paid jobs for settled workers, each lasting at least 12 months. These jobs must comply with UK regulations, including the national minimum wage and working time directive.
Impact of COVID-19
Due to the COVID-19 pandemic, the requirement to employ two people for 12 consecutive months has been adjusted. You can now meet this requirement through multiple jobs across different months, as long as the combined duration equals two full-time jobs. Furloughed employees paid at least 80% of their normal salary can also count towards this requirement.
If you were unable to meet the standard job creation requirements due to the pandemic, you might still be eligible for a two-year visa extension, provided you created at least two jobs for settled workers. Subsequently, to qualify for settlement, you need to show that the jobs were maintained for an additional 12 months.
Given the complexity of the job creation requirement, seeking early advice from a specialist immigration lawyer is crucial.
Tier 1 Entrepreneur ILR Timeline
You can apply for ILR under the Tier 1 Entrepreneur route once you have resided in the UK for a continuous period of five years. For those eligible for accelerated ILR, the application can be made after three years, provided the business has created at least ten new full-time jobs or achieved a gross income of at least £5 million.
Qualifying Period
You can submit your Tier 1 Entrepreneur visa ILR application up to 28 days before reaching the relevant qualifying period. The qualifying period can be either the three or five years immediately before the date of your settlement application or the date your application is decided, depending on which is more favorable. Consulting an immigration lawyer ensures the correct timing of your application.
Residence Requirement for Tier 1 Entrepreneur ILR
To qualify for ILR, you must not have been absent from the UK for more than 180 days in any 12-month period during your qualifying three or five-year period. The Home Office will consider a rolling 12-month period for absences under the rules in place since January 11, 2018. Days spent traveling to or from the UK are excluded from the absence calculation.
Processing Times for Tier 1 Entrepreneur ILR
Applications for ILR under the Tier 1 Entrepreneur route submitted via UKVI’s standard service usually receive a decision within 26 weeks. Although there is no priority service currently, a 30-day service for Tier 1 Entrepreneur ILR applications is being planned.
Why Choose Our Leading London Law Firm
Navigating the complexities of the Tier 1 Entrepreneur visa ILR application can be challenging. Our leading London law firm specialises in immigration law and offers unparalleled expertise in preparing and submitting Tier 1 ILR applications. Our experienced lawyers provide personalised guidance, ensuring that every aspect of your application is meticulously handled. By choosing our firm, you maximise your chances of a successful application, securing your future in the UK with confidence.
For tailored advice and assistance with your Tier 1 Entrepreneur visa ILR application, contact us today. Let our expert team help you achieve your settlement goals and enjoy the benefits of living and working in the UK without immigration restrictions.
Contact Us
For professional guidance and assistance with your application, contact our immigration solicitors on 02030110276 or complete our contact form.