This category was closed to new applicants in March 2019. However, it is possible to extend your leave to remain and make ILR application. If your ILR is granted, you are not limited to study, work and run your business, and you are free of immigration time restrictions.
Genuine Requirement to apply Tier 1 ILR
- Within 6 months of entering as Tier 1 Entrepreneur, you are registered as a business director or self-employed person.
- You are registered as a business director or self-employed at the date of applying for ILR.
- You have invested at least £200,000 or £50,000 in your business or businesses in the UK.
- You have created at least two full-time jobs for people who have settled in the UK, and these jobs have existed for at least 12 months. (This condition is considered to have maintained the job even if the employee receives furlough payment due to COVID-19.)
- You have established, taken over or have become a director of a genuine UK business and are willing to continue the operation of the business.
In addition to the genuine business requirements, you must demonstrate sufficient knowledge of English language and the life in the UK.
ILR Accelerate Route
As a Tier 1 Entrepreneur you may apply for accelerated ILR after a continuous period of 3 years if you have created the equivalent of at least 10 new full time jobs for members of the settled population. You may also qualify for accelerated settlement after 3 years if your UK business has had a gross income from business activity of at least £5 million during the last 3 years. If you invested into an existing business then your services or investment must have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the 3 year period immediately before the date you became involved with the business.
When to apply
You can apply for settlement once you have resided in the UK as a Tier 1 Entrepreneur for a continuous period of 5 years. You can apply for ILR up to 28 days before you reach the relevant qualifying period. Your qualifying period will be 3 or 5 years immediately before the date you apply for settlement.
Dependant family
Family members can apply for settlement at the same time, and if your family members have joined later, they have to wait to qualify their 5 years residential period.
Residential Requirements
In order to qualify for indefinite leave to remain (ILR) as a Tier 1 Entrepreneur, you must not have been absent from the UK for more than 180 days in any 12 month period during your qualifying 3 or 5 year period.
For any absences from the UK during periods of leave granted under the Rules in place before 11 January 2018, you must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the Tier 1 Entrepreneur visa ILR application. For any absences from the UK during periods of leave granted under the Rules in place since 11 January 2018, the Home Office will consider a rolling 12 month period.
In either case, days spent travelling to or from the UK will not count for the purpose of the Tier 1 Entrepreneur ILR residence and absence requirement.
How long will it take to be decided?
Currently, the Home Office does not currently offer a priority service for Tier 1 Entrepreneur visa ILR applications. You can normally expect to receive a decision within 26 weeks of your ILR application date. We have been informed that a 30-day service for Tier 1 Entrepreneur ILR applications is being planned, however it has not been announced yet. Processing times are variable in light of Covid-19 and are currently taking longer time, so business travel or holidays should be considered after you are granted the ILR.