If you already hold a Tier 1 Entrepreneur Visa you can still apply for a Tier 1 Entrepreneur visa extension until 5 April 2023. You can also apply for Tier 1 Entrepreneur settlement until 6 April 2025 if the requirements for indefinite leave to remain can be met.
You can no longer apply for a new Tier 1 Entrepreneur Visa. However, individuals who are looking to come to the UK to set up or take over a business in the UK should consider the Tier 1 Start-up Visa or a Tier 1 Innovator Visas.
Our immigration solicitors are regularly instructed to provide guidance on Tier 1 Entrepreneur settlement and extension application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a visa application and ensure that you meet all the requirements under the Immigration Rules.
We’re based in the legal heart of London in Middle Temple (a Barristers’ Inn of Court). We provide the strongest possible UK Immigration Law advice and a comprehensive UK Visa and Immigration advice service. To contact our immigration team about your UK Visa Application, call ☎ 02071830570.
What is the Tier 1 Entrepreneur Visa?
The Tier 1 Entrepreneur visa was designed for individuals who wished to establish or take over an existing business in the UK. The key requirement was investing at least £200,000 into the business. The Tier 1 Entrepreneur visa has been closed for new applications and replaced with the Tier 1 Start-up and Tier 1 Innovator visas.
I have a Tier 1 Entrepreneur Visa, what are my options?
If you currently hold a Tier 1 Entrepreneur Visa the route remains open for Tier 1 Entrepreneur extension and settlement (indefinite leave to remain) applications. The route will remain open for settlement applications until 6 April 2025.
What is Tier 1 Entrepreneur settlement?
Tier 1 Entrepreneur settlement is the same as an application for “indefinite leave to remain.” You can only apply if you currently have a Tier 1 (Entrepreneur) Visa and have been living in the UK for 5 years (or 3 years if you have created enough jobs or income).
What are the advantages of getting indefinite leave to remain?
Applicants who obtain settled status would be free of immigration control and would no longer need to worry about submitting visa applications every 30 months. There are a number of requirements that must be met (see below). The Home Office also offers the option of accelerated settlement for those who have created 10 or more full-time jobs or a business income of £5 million.
What are the requirements for Tier 1 Entrepreneur settlement?
The Tier 1 Entrepreneur route is governed by the Immigration Rules and is a Points Based System application. Applicants will be awarded points for meeting certain requirements.
What is the Point Based System for Tier 1 Entrepreneur Settlement?
In order to submit a successful application, you must score 75 points under Appendix A to the Immigration Rules. Further, Tier 1 Entrepreneur applications must be submitted in accordance with the requirements under Paragraph 245DF of the Immigration Rules. Applicants must meet the following requirements:
- Must not fall under the general grounds of refusal (must be of good character);
- Must have 5 or 3 years (depending on route) of continuous residence in the UK and must not have excessive absences;
- Must score 75 points under Appendix A (see below); and
- Must meet the English language requirement and knowledge about life in the UK in accordance with Appendix KoLL.
In order to be awarded 75 points you must meet the following requirements:
- You must have invested at least £200,000 in cash directly into one or more UK business;
- You must be registered with HM Revenue and Customs as self-employed or be registered with Companies House as a director of a UK company or member of a UK partnership;
- You must have created at least 2 full-time jobs for British or Settled workers; and
- You must have acquired 5 years of lawful residence in the UK.
How do I apply for Tier 1 Entrepreneur Settlement?
Our immigration and visa lawyers are regularly instructed to assist with Tier 1 Entrepreneur settlement applications to submit a visa application.
Applicants must submit the application online using the SET O form. Following this, you must submit your supporting documents and provide biometric information (i.e. a digital photo).
How long does it take to get Tier 1 Entrepreneur Settlement?
You will be told whether your application has been successful by the Home Office within 6 months of applying online. If your application is complex and may take longer for example if you need to attend an interview or your supporting documents need to be verified.
When can a Tier 1 Entrepreneur Settlement application be refused?
The application can be refused by the Home Office if you have a criminal record in the UK or another country; if incomplete or false information is provided or if you broken UK immigration law.
Download the UK Visas & Immigration Tier 1 (Entrepreneur) Points Based System Policy Guidance
What is the absences requirement in Tier 1 Entrepreneur settlement applications?
You cannot have more than 180 days outside the UK during any consecutive 12-months of the qualifying period. As a part of the application, you will be required to list all absences from the UK.
If you cannot remember each trip we can assist by requesting your travel information from the Home Office. If you go above the required threshold and have a good reason we can submit detailed submissions explaining why you had exceeded the 180 days.
There are a number of accepted reasons for having excessive absences from the UK such as work-related absences, serious or compelling circumstances, and natural/humanitarian disasters.
Does COVID-19 count as an accepted reason for excessive absence from the UK?
It is yet to be seen whether Coronavirus COVID-19 falls under these categories. However, it is our professional opinion that the Home Office will not punish Applicants who were forced to remain outside the UK due to COVID-19 unfairly.
What is Tier 1 Accelerated Settlement?
The Home Office introduced accelerated settlement for applicants who wish to settle in the UK before the traditional 5-year period. Applicants can apply for accelerated settlement after 3 years of holding leave under the Tier 1 Entrepreneur category.
How do I get Tier 1 Accelerated Settlement?
In addition to the normal requirements above, you must be able to show that they have created 10 full-time jobs for UK or settled workers or the business has an income of at least £5 million.
You will be required to provide documentary evidence demonstrating how each requirement has been met.
How quickly can I submit a Tier 1 Entrepreneur settlement application?
If you need assistance in calculating when to apply please contact our business immigration team.
Can family members also apply for Tier 1 Entrepreneur settlement?
Can I apply to extend an Entrepreneur visa (Tier 1)?
Yes. You can apply to extend the Tier 1 Entrepreneur visa until 5 April 2023. You should apply before your current visa expires.
What is the application fee to extend a Tier 1 Entrepreneur visa?
It costs £1,277 to extend the Tier 1 Entrepreneur Visa. There is also a fee of £19.20 to have your biometric information taken.
How long will an extension to a Tier 1 Entrepreneur visa last?
Initial Tier 1 Entrepreneur visas are valid for 3 years and 4 months. It is then possible to extend the visa for another 2 years thereafter.
Eligibility for Tier 1 Entrepreneur Extension Applications
To be eligible for an extension to a Tier 1 Entrepreneur Visa, the following criteria must be satisfied:
- you must have invested, or had invested on your behalf, a minimum of £200,000 / £50,000 in a UK business;
- you must, within 6 months, have registered with HMRC as a self-employed person, registered a new UK business with the applicant as a director or registered as a director of an existing UK enterprise; and
- at the time of the extension application, the candidate must be engaged in activity within this business.
Our Tier 1 Entrepreneur Visa Settlement and Extension Applications Success
Double Tier 1 Entrepreneur Extension Application Granted
Entry Clearance Tier 1 Entrepreneur Visa Granted
Why instruct expert Tier 1 Entrepreneur Settlement and Extension Lawyers?
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Tier 1 Entrepreneur visa extension or settlement application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Tier 1 Entrepreneur visa application meets the Immigration Rules.
Our Tier 1 Entrepreneur Visa Settlement/Extension Service
Expert Tier 1 Entrepreneur Settlement and Extension Lawyers applications
Our UK solicitors and barristers are specialist immigration lawyers. We offer a client-tailored approach from the outset. From the very first meeting, we will advise you on your prospects of submitting a Tier 1 Entrepreneur settlement application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a Visa application or extension and ensure that you meet all the requirements under the Immigration Rules.
We are an Immigration law firm based in Middle Temple, London and our solicitors are fully authorised by the Solicitors Regulation Authority (SRA). Contact our specialist immigration team today and we can offer you a consultation in person or via telephone or Skype so we can explore your options. You can leave us a message on our Contact Form or give us a call on 02071830570.
IMMIGRATION DEADLINES – WARNING
UKVI (part of the UK Home Office) set very strict deadlines which must be complied with otherwise your UK immigration rights will become severely limited. You should submit an application as soon as possible e.g. 28 days before the expiry of a UK Visa and should seek specific legal advice about your Visa or right to remain or appeal at the earliest opportunity so that you understand the time you have left. Delay in making an application or taking advice can be fatal. If you have a refusal letter from the Home Office carefully note the short deadlines stated therein (it may be 14 days). Such deadlines run from the date of the letter so you may have less than 10 days to take action. Late appeals can lead to you being forced to make an out of country UK Visa application and can affect the prospects of success.