Indefinite Leave to Remain as a Tier 1 Entrepreneur
Migrants can apply for Indefinite Leave to Remain as an Entrepreneur after 60 months in the Tier 1 Entrepreneur category (there are accelerated routes for those who meet further criteria, as set out below).
In the standard five year route, it is necessary to show that
- the Applicant’s business was a genuine business and actively trading,
- that two full-time jobs lasting 12 months or more for members of the settled population had been created or maintained since the previous application was made;
- that the Applicant met the residence requirements for ILR;
- that the Applicant met the Knowledge of English and Life in the UK requirements.
There are fewer specified documents in ILR applications than extensions, as the ‘investment’ element of the application will already have been assessed. However, it is very important to prepare applications carefully as there are still specified documents relating to employment and the subjective ‘genuineness’ element of an application also requires careful attention.
Accelerated ILR as a Tier 1 Entrepreneur
The fastest route to settlement as an entrepreneur is after three years, and Applicants need to meet the extension requirements, in that they must show their investment was made in a specified way, that they were appointed within six months of the relevant date, and that all other elements of an extension application were met.
Applicants can qualify for the accelerated route in two different ways – through job creation, or having a high company turnover.
Employment: Applicants who have created 10 full-time jobs for members of the settled population can apply for ILR at the three year stage, rather than having to extend and apply after 60 months. Full-time requires work of at least 30h per week, and for the correct payroll and other documents to be in place. If an Applicant has joined an existing company, the ten jobs must represent a net increase in the number of employees.
Turnover: Applicants who have established a new UK business or businesses that has or have had a gross income from business activity of at least £5 million during the 3 year continuous period can also apply for ILR after three years.
Applicants relying on the accelerated route would need to meet the specific ILR requirements of passing the Life in UK test and showing absences, in addition to the requirements of an extension application.
Can Family Members Apply?
Unfortunately family members cannot benefit from the accelerated route. However, they can extend their leave as the dependants of a PBS migrant who has ILR, and then apply for indefinite leave once they reach five years in the category.
Contact Our Entrepreneur Immigration Barristers
For expert advice regarding an application for Indefinite Leave to Remain as a Tier 1 Entrepreneur, contact our immigration barristers on 0203 617 9173