Tier 1 Entrepreneur

Tier 1 Entrepreneur Extension and Settlement (ILR)

The Tier 1 Entrepreneur Visa used to be a major route for entrepreneurs wanting to set up and run a business in the UK. It required the individual to invest at least £200,000 (or £50,000 if as Graduate Entrepreneur) in one or more UK businesses and create a number of jobs for the resident labour market.

AS OF 29/03/2019, THIS ROUTE HAS BEEN CLOSED AND IS NOT AVAILABLE TO NEW APPLICANTS.

However, if you already hold a Tier 1 Entrepreneur visa, you may apply for an extension until 5 April 2023, or settlement / Indefinite Leave to Remain until 5 April 2025, provided you meet the respective set of requirements.

General requirements - Extension

In order to qualify for a Tier 1 Entrepreneur extension, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• You registered as a business director or as self-employed within 6 months of entering the UK under Tier 1 Entrepreneur route;
• You are still registered as a business director or as self-employed within the 3 months prior to your date of application;
• You have invested at least £200,000 (or £50,000 if as Graduate Entrepreneur) in a business or businesses in the UK;
• You have created at least two full-time jobs for persons settled in the UK and each job has existed for at least 12 months;
• You have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business;
• You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking); and
• You have enough additional money to support yourself without relying on public funds.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration specialist for expert advice.

General requirements - ILR (Settlement)

In order to qualify for Tier 1 Entrepreneur ILR, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• You registered as a business director or as self-employed within 6 months of entering the UK under Tier 1 Entrepreneur route;
• You are still registered as a business director or as self-employed within the 3 months prior to your date of application;
• You have invested at least £200,000 (or £50,000 if as Graduate Entrepreneur) in a business or businesses in the UK;
• You have created at least two full-time jobs for persons settled in the UK and each job has existed for at least 12 months;
• You have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business;
• You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 Entrepreneur migrant, with not more than 180 days absent from the UK in any 12-month period; and
• You have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the UK.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration specialist for expert advice.

Additional requirements - Accelerated ILR (Settlement)

In addition to the above requirements for standard ILR, if you meet one of the following requirements you may be eligible to 'accelerate' your ILR after spending 3 years in the UK under this route:



• You created the equivalent of 10 new full-time jobs that existed for 12 months; or
• You generated £5 million business income in 3 years

How long can you stay in the UK

If your extension application is successful, your will be granted for further 2 years leave for the UK.

If your settlement application is successful, you will be granted Indefinite Leave to Remain which means you are permanently free from immigration time restrictions. However, if you are absent from the UK for more than 2 years, your ILR will be revoked. You will then need to make a Returning Residence application before you can travel to the UK again.

COVID concessions

If your business has been disrupted by the Coronavirus (COVID-19) pandemic, then you do not need to employ at least 2 people for 12 consecutive months. Instead, the 12 month period you are required to employ someone for can be made up of multiple jobs across different months, providing that when combined this is equivalent to 2 full time jobs.

Any periods of time when your employees were furloughed under the UK Government furlough scheme can still count towards the 12 month period provided they were paid at least 80% of their normal salary throughout.

If you are not able to employ staff for 12 months by the time your visa expires, you may still be granted further leave for a period of 2 years provided that you have created at least 2 jobs for settled workers and you have been unable to meet the normal requirements due to the impact of the pandemic.

The job creation requirement can be complex. You may wish to seek early advice from an immigration specialist in order to ensure that you can satisfy the requirement.

Dependants

Your family members (spouse/partner and any children under 18) can come with you. They will need to apply for a Dependant visa and if successful, will be granted a visa in line with yours.

Processing time and application fees 

For extension applications, the current application fee is £1,292. Applicants will also need to pay the Immigration Health Surcharge as part of the application, set at £624 per year (or £470 per year for Student / Youth Mobility Scheme / applicant under 18). The application will usually be processed within 8 weeks.

For settlement / ILR applications, the current application fee is £2,404. You will usually get a decision within 6 months.

How we can help

Our knowledgeable and experienced immigration team can:

• Assess your case and advise whether you are eligible to apply
• Provide you with a tailored & comprehensive document list
• Review all your documents and advise on necessary amendments
• Suggest on how to improve your application
• Complete your application forms in accordance with the UKVI requirements
• Assist you to complete the application submission process
• Provide our representation letter to support your application with necessary legal arguments
• Liaise with UKVI on your behalf

Depending on your need and budget, we have different levels of services that you may choose from. Check out Our Services to see which one is for you. 

Want to discuss your case with an immigration specialist? Contact Us now.