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Tier 1 Entrepreneur Indefinite Leave to remain

Tier 1 Entrepreneur migrants would normally qualify for applying for an indefinite leave to remain after they have spent 5 years in the UK as a Tier 1 entrepreneur migrant. Please note that the qualifying period for settlement under the Tier 1 Entrepreneur route is not restricted to 5 years. The accelerated routes will be discussed in the subsequent parts of this web page.

Obtaining an Indefinite Leave To Remain in the UK or Permanent Residence provides holders with the rights to remain the UK without immigration restrictions. Importantly, the earliest you can apply for a permanent residence in the UK is 28 days before your qualifying period.

The Qualifying Period

The qualifying period is seed as the length of stay required to be able to qualify for making an application under a visa category. For instance, an Tier 1 Entrepreneur migrant looking to extend his/her stay in the UK would need to have lived in the UK for 3 years to fulfil the qualifying period. Such a migrant don’t have to wait till the expiration of their visa to make a new application, they can apply after 3 years.

Points to note under the qualifying period

  • Generally, you are eligible to apply for settlement under this category if you have lived continuously in the UK for 5 years.
  • Where an initial application has been approved, only the most recent five years will be considered.
  • It is safer that during the qualifying period, you avoid staying outside the UK for more than 90 days during the final 12 months prior to you application.
  • The longest time you may stay out of UK should not exceed 180 days in any year within the qualifying period.
  • Exceptions to this rule may apply if the absences (time outside the UK), are directly related to your employment in the UK

Top 4 qualifying criteria for Tier 1 Entrepreneur ILR

  • You have completed the investment of at least GBP200, 000 into one or more businesses in the UK
  • You are either registered with the HMRC as self-employed or are registered with Companies House as a director of a new or an existing business three or more months before the date of application
  • Your business investments have created 2 full time jobs for at least 12 months each.
  • You have lawfully remained in the country and your absences do not exceed more than 180 days within one calendar year.

Tier 1 Entrepreneur accelerated route to ILR

A tier 1 entrepreneur migrant may be eligible for settlement after 3 years as a Tier 1 Entrepreneur migrant if they can show that they have met the following conditions:-

  • The number of full time jobs created is at least 10.
  • The income generated by the business in either a single year or an addition of any of the incomes generated during the 3 year period is at least £5 million

Related Links

 

Entry Clearance as a Tier 1 Entrepreneur migrant
Switching into the Tier 1 Entrepreeur route
Dependant of a Tier 1 Entrepreneur
Tier 1 Entrepreneur Visa Extension
ILR - Tier 1 Entrepreneur
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Kind regards
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