Tier 1 Entrepreneur Indefinite Leave to Remain
Indefinite leave to remain (aka settled status)
gives the respective applicant the right to live and work in the United Kingdom
on a permanent basis.
Under the Tier 1 Entrepreneur scheme, the applicant
is typically required to have spent five years residing in the United Kingdom,
prior to applying for indefinite leave to remain. However, it’s possible for
the process to be fast-tracked if the applicant meets other requirements
outlined by the Home Office.
By consulting with an expert
immigration lawyer before submitting your application, you’ll benefit from a
better understanding of your current position and your rights.
Also referred to as permanent residence, indefinite
leave to remain grants an individual the right to settle permanently in the
United Kingdom, with no specific immigration and movement restrictions. Indefinite
leave to remain is only granted upon the applicant meeting a variety of strict
criteria as determined by the Home Office.
Qualifying Period for a Tier 1 Entrepreneur Indefinite Leave to Remain
Under the Tier 1 Entrepreneur scheme, the applicant
must satisfy minimum length-of-stay requirements to be considered for
indefinite leave to remain. Key criteria are as follows:
individuals in the United Kingdom under the Tier 1 Entrepreneur scheme can
apply for permanent residence after residing in the UK for five continuous
all instances, only the five consecutive years leading up to the date of the
application will be considered by the Home Office.
is strongly recommended that the applicant does not exit the United Kingdom for
more than 90 days in total during the year running up to their application.
departures from the United Kingdom lasting more than 180 days during any year
could disqualify the applicant.
apply in instances where the time spent outside the United Kingdom is necessary
and related directly to the applicant’s UK business activities.
for ILR – Tier 1 (Entrepreneur) Settlement
Along with spending a certain amount of time in the
United Kingdom, there are additional requirements that must be met to be
granted indefinite leave to remain. The
most important examples of which are as follows:
entrepreneur should have invested no less than £200,000 in one or more UK
have formally registered as a self-employed worker with HMRC, or have
registered as director of a new or existing business with Companies House no
later than three months prior to their ILR application.
jobs must have been created for at least two settled persons in the United
Kingdom for a minimum of one year each.
applicant has resided legally in the United Kingdom for the minimum time
required, which doesn’t include time spent in formal detention of any kind.
Only upon meeting these criteria will most
applications for ILR be considered.
Settlement – 3 years
There are instances where an entrepreneur may be
eligible for accelerated settlement, allowing them to apply for indefinite
leave to remain after just three years. Criteria that must be fulfilled are as
creation of a minimum of 10 full-time jobs for settled UK persons.
company turnover of at least £5 million during the three-year period.
Evidence of the creation of 10 or more full-time
jobs can be submitted in the form of employment contracts, pay slips and other
Required for Settlement
Applicants must provide sufficient supporting
documentation in order to be granted settled status, including but not
necessarily limited to the following:
of having met all applicable financial/investment requirements.
of registration as a business director or self-employed worker.
of the creation of a minimum of two full-time jobs for one year.
Required for Accelerated Settlement
Additional evidence is required for applicants
seeking accelerated settlement, including but not limited to the following:
of the creation of at least 10 full-time jobs
financial documentation demonstrating total annual business turnover of at
least £5 million.
records and accountancy documents bearing the name of a recognised and registered
accountant, completed and endorsed in accordance with statutory requirements.
the applicant has taken over an existing business, a registered accountant’s
letter must be provided to indicate the net increase in business activity.
Most applications for indefinite leave to remain
under the Tier 1 Entrepreneur scheme involve additional requirements such as:
completion of the Knowledge of Life in the UK test.
of English language skills to a specified level, which in most instances will
have already been provided as part of the initial Tier 1 Entrepreneur visa
background checks and evidence of no unspent convictions in the United Kingdom.
Please note that when
indefinite leave to remain is granted, it is possible to apply for full British
citizenship after one year.
for Stay – ILR
One of the most important requirements when applying
for indefinite leave to remain is the length of unbroken time the applicant has
resided in the United Kingdom. While there are allowances and exceptions, it is
generally advisable to avoid spending extended periods outside the UK during
your initial period of leave. If there is any evidence to suggest that the UK
is not or will not continue to be your primary place of residence, your
application for indefinite leave to remain may be rejected.
1 Entrepreneur IRL Specialists in Luton
As experienced business immigration lawyers, we
understand the complexities of Tier 1 Entrepreneur visa applications better
than most. We also know how to provide the complete and compelling evidence
needed to support an application for indefinite leave to remain.
Aristone Solicitors would be delighted to provide you with an
obligation-free consultation, during which we’ll discuss your eligibility for
settled status and decide on an appropriate course of action. Contact a member
of our legal team today to discuss your case in more details.