ILR As Tier 1 Entrepreneur Under Accelerated Route

You can apply for ILR as Tier 1 Entrepreneur Migrant under the accelerated route after 3 years residence if you have either created 10 jobs for settled workers for 12 months or your business’ turnover in 3 years is not less than £5 million. You can apply for ILR under the Accelerated Route up to 28 days before you complete 3 years residence in the UK as a Tier 1 Entrepreneur Migrant. 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.

You cannot combine a Tier 1 (Entrepreneur) leave with leave in any other category to meet the continuous leave requirement. Your qualifying period can include time from the date when your initial application (for entry clearance or leave to remain) was approved.

How To Apply For ILR As Tier 1 Entrepreneur Migrant Under Accelerated Route?

An application for ILR as a Tier 1 Entrepreneur under the Accelerated Route is made using a SET (O) application form which is available online at the Home Office, UKVI website. The application for ILR under the Accelerated Route can only be made using standard service as the Home Office, UKVI do not allow Super Priority Service (decision within 24 hours) for such applications.

Eligibility Requirements For ILR As Tier 1 Entrepreneur Migrant Under Accelerated Route

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

• You currently have a Tier 1 (Entrepreneur) visa
• You must have You have created 10 jobs for settled workers for 12 consecutive months and invested £200,000 funds in your business; OR
• You have created two jobs for settled workers and invested £200,000 funds in the business and the turnover of the business in the last 3 years was not less than £5 millions;
• You must be a genuine entrepreneur
• you’ve been living in the UK for 3 years
• 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

It is very common for applicants to apply for ILR under the accelerated route based on creating 10 jobs for settled workers and investing £200,000 funds in the business.

Genuine Entrepreneur Test For ILR As Tier 1 Entrepreneur

Migrants applying for ILR as Tier 1 Entrepreneurs under accelerated route 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 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 Entrepreneur 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 costs 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 verification 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 received from the Home Office UKVI.

Our Fixed Fees For ILR As A Tier 1 Entrepreneur Migrant Under Accelerated Route

Our fixed fees for ILR as a Tier 1 Entrepreneur migrant from inside the UK are as given in the fee table below: