Tier 1 Entrepreneur Visa (Extension & Settlement)

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Nagesh Jain

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If you currently hold a Tier 1 Entrepreneur visa, you can apply for a Tier 1 Entrepreneur visa extension until 5 April 2023.

If your application is successful, you will be granted an extension of stay as a Tier 1 Entrepreneur for a period of 2 years.

Applications for indefinite leave to remain as a Tier 1 Entrepreneur can be made until 5 April 2025.

Requirements for a Tier 1 Entrepreneur visa extension:

In order to extend your stay as a Tier 1 Entrepreneur, you will need to satisfy UK Visas & Immigration that:

• You registered as a business director or as self-employed within 6 months of entering the Tier 1 Entrepreneur category;

• You are still registered as a business director or as self-employed within the 3 months prior to your date of application;

• You have invested at least £200,000 or £50,000 (depending on the amount your initial application was based on) in a business or businesses in the UK;

• You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months;

• You have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business;

• You are competent in the English language to at least CEFR Level B1 (equivalent to IELTS 4.0 in reading, writing, listening and speaking);

• You have enough additional money to support yourself without relying on public funds.

The exact requirements you will need to satisfy will vary depending on your circumstances.  Please speak to our solicitors for expert advice.

Tier 1 Entrepreneur visa extension timeline

You can apply for a Tier 1 Entrepreneur visa extension at any time prior to the expiry of your leave.  However, we recommend that you apply to extend your UK Entrepreneur visa not more than 1 month before your current leave expires.  If you apply for a Tier 1 Entrepreneur visa extension earlier than this then you may have a shortfall in your leave when you apply for settlement.  This is because the Home Office will grant an extension of stay as a Tier 1 Entrepreneur for 2 years from the date of decision, not the date when your current leave expires.  This would necessitate a further application for an extension of stay as a Tier 1 Entrepreneur before becoming eligible for indefinite leave to remain.

Advice from our solicitors will ensure the correct timing of your Tier 1 Entrepreneur visa extension application.

Tier 1 Entrepreneur visa extension processing times

You will need to apply for a Tier 1 Entrepreneur visa extension via UK Visa & Immigration’s standard service.  You should normally expect to receive a decision within 8 weeks of your extension application date.  UK Visa & Immigration does not currently offer a priority service for Tier 1 Entrepreneur visa extension applications.

Tier 1 Entrepreneur visa extension from outside the UK

If you hold a Tier 1 Entrepreneur visa you can apply to extend your stay in the Tier 1 Entrepreneur visa category from outside the UK.

Advice from Healys LLP will ensure that your Tier 1 Entrepreneur visa extension application satisfies the strict requirements of the Immigration Rules.

Entrepreneur Visa ILR

If you currently hold a Tier 1 Entrepreneur visa, you can apply to settle in the UK as a Tier 1 Entrepreneur until 5 April 2025.  If your application is successful, you will be granted Tier 1 Entrepreneur visa ILR and be free of immigration time restrictions.

Requirements for Tier 1 Entrepreneur visa ILR

In order to qualify for indefinite leave to remain as a Tier 1 Entrepreneur you will need to satisfy UK Visas & Immigration that:

• You registered as a business director or as self-employed within 6 months of entering the Tier 1 Entrepreneur category;

• You are still registered as a business director or as self-employed within the 3 months prior to your date of application;

• You have invested at least £200,000 or £50,000 (as appropriate) in a business or businesses in the UK;

• You have created at least two full-time jobs for persons settled in the UK and these jobs have existed for at least 12 months;

• You have established, taken over or become a director of a genuine UK business, genuinely operated that business and genuinely intend to continue operating the business;

• You have spent a continuous period of 5 years lawfully in the UK with leave as a Tier 1 Entrepreneur migrant, with not more than 180 days absent from the UK each year;

• You have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom.

There is also an accelerated route to settlement as a Tier 1 Entrepreneur after 3 years if you create at least 10 new full-time jobs or your business has a turnover of at least £5 million.

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How We Can Help

Our specialist immigration lawyers are experts in the field and offer comprehensive legal advice as a standard.  Our team has experience of dealing with clients from all over the world and will ensure any application meets the legal requirements for entry into the United Kingdom.

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