ILR As Tier 1 Entrepreneur Migrant

• Page Contents
• Overview
• How To Apply For ILR?
• Eligibility Requirements For ILR
• Points Scoring Table
• Investment Of Funds In The UK Business
• Job Creation
• Genuine Entrepreneur Test
• Absences From The UK
• Knowledge of Life and Language For ILR
• How Can We Help?
• How Much We Charge?
• Frequently Asked Questions (FAQs)

As a Tier 1 Entrepreneur Migrant, you can apply for Indefinite Leave to Remain (ILR) once you have spent 5 years in the UK on Tier 1 Entrepreneur visa unless applying for ILR under the Accelerated Route in which case ILR is possible after 3 years residence. Existing Tier 1 Entrepreneur applicants can apply for ILR as Tier 1 Entrepreneur before 6 April 2025. However, Tier 1 Entrepreneur Migrant who switched from Tier 1 Graduate Entrepreneur can apply for ILR as Tier 1 Entrepreneur Migrant before 6 July 2027. Applicants who wish to apply for indefinite leave to remain in the future under Tier 1 Entrepreneur visa category should ensure that they do not have excessive absences from the UK and can meet the specific Tier 1 (Entrepreneur) ILR requirements.

Our Tier 1 Entrepreneur visa solicitors are specialists for providing expert legal advice and representations for ILR as Tier 1 Entrepreneur. As specialist Tier 1 Entrepreneur visa solicitors, we have wealth of knowledge and experience in dealing with applications for ILR as Tier 1 Entrepreneur. The high quality of our immigration services is self-evident from the reviews of our clients about the services provided by our Tier 1 Entrepreneur visa solicitors. Ask a question to our specialist team of Tier 1 Entrepreneur visa solicitors for free immigration advice or send a request to schedule an appointment for detailed legal advice and consultation concerning your application for ILR as a Tier 1 Entrepreneur.

How To Apply For ILR As Tier 1 Entrepreneur?

You can apply for ILR as Tier 1 Entrepreneur by completing an online application form for ILR as Tier 1 Entrepreneur. An application for ILR as Tier 1 Entrepreneur can only be made through standard service becuase the Home Office UKVI does not offer Super Priority Service or Priority Service for ILR application as Tier 1 Entrepreneur migrant. An application for Tier 1 Entrepreneur ILR is normally processed by the Home Office UKVI in 3 to 6 months time.

What Is The Eligibility Requirements For The ILR As A Tier 1 Entrepreneur?

You can apply Indefinite Leave to Remain (ILR) as Tier 1 Entrepreneur Migrant if:

• You currently have a Tier 1 (Entrepreneur) visa
• You must have created 2 jobs during your last grant of leave (10 jobs if you are applying under the accelerated route to settlement)
• You must be a genuine entrepreneur
• you’ve been living in the UK for 5 years, (or 3 years if are applying under the accelerated route to settlement)
• You must not have been absent from the UK for more than 180 days in any 12 months
• You must have passed the Life in the UK test
• You must meet the English language requirement
• Your application must not fall for refusal under the general grounds for refusal
• You must mut not be in breach of UK immigration laws except where paragraph 39E of the Immigration Rules applies

What Is The Points Based Criteria For ILR As Tier 1 Entrepreneur?

Tier 1 Entrepreneur visa is a Points Based visa category and points can be awarded for the Attributes Section for the grant of ILR to the Tier 1 Entrepreneur Migrant. A Tier 1 Entrepreneur migrant should score 75 points in total from Attributes Section to qualify for ILR as a Tier 1 Entrepreneur. The breakdown of the required points for Tier 1 Entrepreneur ILR application is given in the table below:

Investment Of Funds In The UK Business

Unless the applicant is apply for ILR under the Accelerated route, the requirement of investment of required funds into the business would have been met in the Tier 1 Entrepreneur extension application stage and the applicant does not need to provide any evidence at ILR stage to satisfy the investment of funds requirement.

Job Creation

To succeed in an application for ILR as Tier 1 Entrepreneur, the applicant must show that he has created at least 2 new jobs. If the applicant established a new business or businesses or invested in an existing business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who are settled in the UK. Each job must have existed for at least 12 months. where the applicant is applying for ILR as a part of an Entrepreneurial Team, both team members can use the same evidence for creating employment.

A single job need not consist of 12 consecutive months (for example it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12 month period). The jobs need not exist at the date of application, provided they have existed for 12 months.

The jobs must comply with the UK regulations, including the working time directive. The Home Office defines full-time as a 30-hour working week.

Genuine Entrepreneur Test For ILR As Tier 1 Entrepreneur

Migrants applying for ILR as Tier 1 Entrepreneurs are subject to a genuine entrepreneur test. To meet the requirements of genuine Entrepreneur test for ILR application, Home Office UKVI must be satisfied that the migrant:

• has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business
• has genuinely invested the required investment funds into one or more genuine businesses in the UK
• intends to continue operating one or more businesses in the UK
• does not intend to take employment other than under the terms of paragraph 245DE

For genuine Entrepreneur test, the Home Office UKVI will take into account the following:

• the evidence submitted by the applicant;
• the viability and credibility of the source of funds for investment;
• the credibility of the financial accounts of the applicant's business or businesses;
• the credibility of the applicant's business activity in the UK;
• the credibility of the job creation for which the applicant is claiming points if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained;
• any other relevant information.

Absences From The UK

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 months of the qualifying period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on the ILR application form but you will not need to provide any specified evidence to support this.

Whatever the reason for absences from the United Kingdom, they will still be counted towards the maximum 180 days. This includes any absences for work reasons, or serious and compelling reasons. The only exception is where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis overseas, such as the Ebola crisis which began in West Africa in 2014 and you can provide evidence that this was the purpose of the absence.

You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance being granted and you entering the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12 month period.
For example, if you entered the United Kingdom 100 days after you obtained entry clearance and have a further 81 days absence during the remainder of the continuous 12 month period, you will have exceed the number of absences permitted from the United Kingdom. You would therefore not qualify for settlement 5 years or 3 years (as appropriate) after the date you obtained entry clearance. You would need to wait until a date where none of the qualifying period included absences of more than 180 days in any consecutive 12 month period, before you could qualify for ILR as Tier 1 Entrepreneur.

If you have been outside of the United Kingdom for more than 180 days in any consecutive 12 month period, this will break the continuous period and you will need to start the qualifying period for settlement again. If this happens you may need to obtain a further extension of Tier 1 Entrepreneur visa to reach your continuous period in the United Kingdom.

For ILR applications made from 11 January 2018, Home Office UKVI will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR application. For example:

You apply for ILR as Tier 1 Eentrepreneur on 30 June 2020. Your continuous period includes the following grants of leave:

• One grant of leave from 1 July 2015 to 28 July 2018 – Any absences during this grant of leave will be considered in separate 12 month periods, ending on 30 June each year.
• One grant of leave from 29 July 2018 to 30 June 2020 – Any absences during this grant of leave will be considered on a rolling basis. Home Office UKVI will not include any absences from the previous grant of leave when they assess this.

Knowledge of Life and Language For ILR As Tier 1 Entrepreneur

When you apply for ILR as Tier 1 Entrepreneur, you are required to show that you have knowledge of life and language in the United Kingdom before you can be granted ILR (unless you fall under an exemption). You can demonstrate the knowledge of Life and Language by passing both the Life in the UK Test and holding an English speaking and listening qualification at level B1 or above.

How Can We Help With Your ILR Application?

Our expert team of Tier 1 Entrepreneur visa solicitors can represent you in your application for ILR as Tier 1 Entreprneur and carry out all the work on your ILR application until a decision is made by the Home Office on your ILR application. The work to  be carried out by our Tier 1 Entrepreneur visa solicitors on your ILR application will include the following:

• Assessing your eligibility for ILR as Tier 1 Entrepreneur by considering all the relevant information;
• Advising you on the relevant requirements, documents, procedures and costst involved in the application;
• Assessing the documents provided by you to be submitted in support of the application and advising you on the same;
• Providing you with the templates of the appropriate documents to be submitted in support of the application e.g. letter from the Accountant etc.
• Completing the online application and submitting your application online;
• Booking your appointment with the UKVCAS Sopra Steria Centre for verificaton of documents and enrolment of biometrics;
• Preparing detailed cover letter in support of your ILR application explaining how the relevant legal requirements are being satisfied in the light of the documents being submitted with the ILR application;
• Uploading all the supporting documents to the UKVCAS online portal in support of your ILR application;
• Dealing with any enquiries received from the Home Office UKVI while the ILR application is pending with the Home Office UKVI;
• Doing all the follow up work on the application until decision on your ILR application is recieved from the Home Office UKVI.

How Much We Charge?

Our fees for providing expert legal advice and representations for ILR as Tier 1 Entrepreneur are given in the fee table below:

The agreed fixed fee will depend on the complexity of the application for ILR as Tier 1 Entrepreneur and the volume of casework involved in the application. In addition to our fixed fee for helping with an application for ILR as Tier 1 Entrepreneur visa, the applicant will also have to pay the Home office UKVI fees for the application.