Tier 1 Entrepreneur ILR | Indefinite Leave To Remain (ILR) As Tier 1 Entrepreneur | Settle in the UK under the Tier 1 Visa
From 6 April 2011, Tier 1 (Entrepreneur) Migrants can apply under the provisions for accelerated settlement, which is to grant you indefinite leave to remain. This means that some applicants will be eligible to apply for indefinite leave to remain (ILR) after 3 years continuous lawful leave in the UK. For applicants who do not meet the Tier 1 Entrepreneur requirements for the accelerated route for settlement, the specified period of continuous leave for Tier 1 Entrepreneur Indefinite Leave to Remain is 5 years.
An application for ILR as a Tier 1 Entrepreneur migrant is made to the Home Office, UKVI 28 days prior to the completion of the qualifying period for settlement. Form SET (O) is used to apply for ILR as Tier 1 Entrepreneur Migrant. The Home Office does not offer premium service (same day visa service) for ILR Tier 1 Entrepreneur Migrant application and therefore the applicants have no choice but to apply by post.
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Tier 1 Entrepreneur ILR (Indefinite Leave to Remain ) requirements
Once you have been in the UK for 5 years as an Entrepreneur visa holder you will be eligible to apply for settlement in the UK, also known as Indefinite Leave to Remain (ILR). To qualify for ILR you must:
Have lawfully resided in the UK on this visa for 5 years. Note that in order to qualify you can have no more than 180 days absence from the UK in each of these years.
Be able to demonstrate sufficient knowledge of the English language and life in the UK.
Alternatively, ILR status can be achieved after 3 years if the following criteria are met:
You have invested £200,000 in the company.
The company has been registered within 6 months of the date you were granted permission to stay in the UK under the Entrepreneur category.
You have created at least 10 full-time positions for settled workers. For a new business, this means that an aggregate of two positions, full time or equivalent, must have been created with each lasting for at least one year. In cases where an applicant has taken over control of an established UK business, their investment and presence in the company must have created 10 positions similar to those outlined above; or established a new business with income activity of at least £5m during the 3 year period.
The immigration rules are subject to change and you must meet the rules that are in place at the time that you apply for settlement. Partners of entrepreneur are eligible to apply for settlement at the same time as an entrepreneur, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.
Children of entrepreneur are eligible to apply for settlement at the same time as the entrepreneur migrant, provided the child meets the requirements of the immigration rules.