Understanding your Entrepreneur Visa

The Tier 1 (Entrepreneur) visa enabled people to start or acquire a business in the UK. Although this category of visa has been closed to new applicants since 2019, existing visa holders can still apply for extensions and then for indefinite leave to remain in the UK. The cut-off date for ILR applications under this category is 5 April 2025.

Eligibility criteria for ILR

In order to be awarded ILR as a Tier 1 Entrepreneur, the following must be met:

Continuous Residence: you must have been a lawful resident in the United Kingdom for a continuous period, usually five years, without any absences exceeding 180 days in any 12-month period.

Investment: Your investment should be at least £200,000. This should be in either share capital or director's loan capital, which has to be used for the business.

Creating Jobs: You should also have created full-time jobs. These jobs must be for a minimum of two settled workers. At least one of the settled worker's jobs must have lasted more than 12 months. All your employees should also receive minimum wages as required by UK Employment Laws.

Genuine Entrepreneurial Activity: Evidence that you have been actively engaging in running and developing your business on a day-to-day basis. It includes proof of transactions and contracts, audited accounts, and other proof of how your business has been running and how it is progressing.

Knowledge of Language and Life in the UK: You have to pass the Life in the UK Test and satisfy the requirement for the English language, which can be demonstrated by passing one of the approved tests or academic qualifications.

This video is your expert guide to applying for indefinite leave to remain in the UK.

Application Process for ILR

Eligibility Check: Ensure that you meet all the eligibility criteria as stated above.

Preparation of Documents: Gather all your documents, such as financial statements, employment records, business plans, tax documents, and proof of continuous residence.

Filled Application Form: Fill out the SET(O) form completely and accurately, supplying all relevant information as well as supporting documents.

Biometrics: After you apply, you will be invited to provide your fingerprints and a digital photo.

Wait for Decision: You would typically receive a decision six months after you submit your biometric information.

Fast Track to Indefinite Leave to Remain in the UK

There are some circumstances wherein entrepreneurs can get accelerated ILR after three years, but only if they meet more conditions, such as:

Higher Investment: Invest a minimum of £5 million in a UK business.

Significant Job Creation: Generate at least ten new full-time jobs for settled workers for a minimum period of 12 months.

These stringent requirements may make it possible to move from the Entrepreneur Visa to ILR in a much shorter period of time.

Common Issues and Concerns

Authentic Entrepreneur Test: The Home Office can test your genuineness and involvement in the business. Thorough and accurate documentation will pass this test.

Compliance with Immigration Rules: It is very important to be strict with immigration rules and make timely submissions so that there are no refusals.

Immigration Solicitors and Legal Experts: Seeking professional help from immigration solicitors or legal experts can really make a difference and will have a higher chance of getting accepted.

Get Professional Guidance

There is a need to really plan the movement from the Entrepreneur Visa to ILR, and the business one has to prove success there with evidence of compliance towards the immigration requirements of the UK. The above-stated criteria, investment, employment generation, genuineness in the entrepreneurial activity and sufficient documentary support, will further assist the applicants in obtaining indefinite leave to remain in the UK under their Entrepreneur Visa applications. To receive customised guidance on your application for an Entrepreneur Visa ILR, consult A Y & J Solicitors. Our team of solicitors specialise in UK immigration law and offer tailored assistance in completing the entire procedure.