Individuals holding a Tier 1 Entrepreneur Visa may qualify for Indefinite Leave to Remain (ILR) after five years of residence in the UK or through the accelerated settlement route after three years. The application process for ILR as a Tier 1 Entrepreneur requires completing an online submission while ensuring compliance with all eligibility criteria, including restrictions on excessive absences from the UK.

Applicants aiming for ILR under this category must meet the specific Home Office requirements for settlement. It is important to note that ILR applications for Tier 1 Entrepreneurs can only be processed through the standard service, as the Super Priority Service is not available for this route. Typically, the Home Office UKVI takes approximately three to six months to decide on an application submitted via the standard service.

Current Tier 1 Entrepreneur Visa holders must submit their ILR applications before 6 April 2025. However, individuals who initially entered under the Tier 1 Graduate Entrepreneur route and later switched to Tier 1 Entrepreneur can apply for ILR before 6 July 2027.

Expert Tier 1 Entrepreneur Visa Solicitors

Aden & Co Solicitors boasts a team of highly skilled immigration solicitors specializing in Tier 1 Entrepreneur visa ILR applications. With extensive expertise in handling Indefinite Leave to Remain (ILR) applications for Tier 1 Entrepreneur migrants, our legal professionals provide strategic immigration advice and dedicated legal representation. We offer fixed-fee services, ensuring transparent and cost-effective legal support for both the standard ILR route (5-year pathway) and the accelerated ILR route (3-year pathway).

Renowned for our excellence in UK immigration law, Aden & Co Solicitors has built a reputation for delivering top-tier visa and immigration services. Our outstanding track record is reflected in our 5-star Google Reviews, demonstrating the satisfaction and trust of our clients.

For expert guidance on your Tier 1 Entrepreneur ILR application, consult our specialist work visa solicitors. You can request free online immigration advice or schedule a detailed consultation with our legal experts to receive tailored support for your immigration needs.

ILR Eligibility Criteria for Tier 1 Entrepreneur Migrants

Individuals holding a Tier 1 (Entrepreneur) visa may qualify for Indefinite Leave to Remain (ILR) in the UK, provided they meet the following conditions:

• Currently possess a valid Tier 1 (Entrepreneur) visa.
• Have successfully created at least two full-time jobs during the last period of leave (ten jobs if applying under the accelerated settlement route).
• Demonstrate genuine entrepreneurial activity in the UK.
• Have lawfully resided in the UK for a minimum of five years (three years for accelerated settlement).
• Have not exceeded 180 days of absence from the UK in any 12-month period.
• Successfully pass the Life in the UK Test.
• Satisfy the English language proficiency requirement.
• Ensure the application does not fall under general grounds for refusal.
• Comply with UK immigration regulations, except in cases where paragraph 39E of the Immigration Rules applies.

ILR as a Tier 1 Entrepreneur Under the Accelerated Route

Individuals holding Tier 1 Entrepreneur status may qualify for Indefinite Leave to Remain (ILR) via the accelerated route after completing three years of UK residency. To meet the eligibility criteria, applicants must have either generated at least ten full-time jobs for settled workers, sustained for a minimum of 12 months, or achieved a business turnover of no less than £5 million within three years. Applications under the Accelerated Route can be submitted up to 28 days before reaching the three-year residency threshold.

Existing Tier 1 Entrepreneur visa holders must apply for ILR before 6 April 2025. However, those who previously switched from the Tier 1 Graduate Entrepreneur category must apply before 6 July 2027. It is essential to note that leave granted under the Tier 1 Entrepreneur category cannot be combined with leave from any other visa category to satisfy the continuous residence requirement. The qualifying period begins from the approval date of the initial application, whether for entry clearance or leave to remain.

If you hold a Tier 1 (Entrepreneur) visa, you may qualify for Indefinite Leave to Remain (ILR) under the accelerated route, provided you meet one of the following criteria:

• You have established 10 full-time jobs for settled workers, sustained for at least 12 consecutive months, and invested a minimum of £200,000 in your business; OR
• You have created two jobs for settled workers, invested £200,000 in the business, and achieved a minimum turnover of £5 million within the last three years.

Additionally, you must satisfy the following requirements:

• Demonstrate that you are a genuine entrepreneur actively engaged in business activities.
• Have lawfully resided in the UK for three years under the Tier 1 (Entrepreneur) category.
• Ensure that your total absences from the UK do not exceed 180 days within any 12-month period.
• Successfully pass the Life in the UK Test.
• Fulfill the English language proficiency requirement.
• Ensure your application does not fall under the general grounds for refusal.
• Maintain full compliance with UK immigration laws, except where paragraph 39E of the Immigration Rules applies.

Many applicants pursue ILR through the accelerated route by demonstrating the creation of 10 jobs and investing £200,000 in their business.

Points-Based Requirements for ILR as a Tier 1 Entrepreneur

The Tier 1 Entrepreneur visa operates under a points-based system. To qualify for Indefinite Leave to Remain (ILR), a Tier 1 Entrepreneur must secure 75 points under the Attributes Section. The following table outlines the specific criteria and corresponding points allocation necessary for ILR approval.

ILR Points Table for Tier 1 Entrepreneur

Investment of Funds in a UK Business

For applicants not pursuing Indefinite Leave to Remain (ILR) via the Accelerated Route, the requirement to invest the necessary funds into a UK business is typically fulfilled during the Tier 1 Entrepreneur visa extension stage. At the ILR application stage, there is no obligation to submit additional evidence regarding the investment of funds, as this criterion would have already been satisfied in the earlier extension process. Aden & Co Solicitors can provide expert guidance to ensure compliance with all ILR requirements, streamlining your path to settlement in the UK.

Job Creation Requirement for ILR Under Tier 1 Entrepreneur Route

Individuals seeking Indefinite Leave to Remain (ILR) under the Tier 1 Entrepreneur category must demonstrate that their UK-based business has generated employment opportunities. Whether the applicant has established a new venture or invested in an existing business, they are required to create two additional full-time paid positions for settled workers as per the UK Immigration Rules. These roles must remain active for a minimum of 12 consecutive months.

According to the Home Office, a full-time job is defined as a 30-hour workweek.

For self-employed applicants, the employment must be directly provided by their business. If the applicant operates as a company director or a partner in a business, they must ensure that two distinct job positions have been established. In cases where an entrepreneurial team is applying, both members can rely on the same set of employment evidence to fulfill this requirement.

Tier 1 (Entrepreneur) migrants who invest in the same business but are not part of an entrepreneurial team cannot rely on the same job creation evidence. If an applicant is not the sole director or partner in the business, they must provide clarification regarding:

• The dates on which any other Tier 1 (Entrepreneur) migrants became directors of the company or members of the partnership.
• Whether they and the other Tier 1 (Entrepreneur) migrant are recognized as a team intending to share job creation evidence.

A qualifying job does not need to be maintained for 12 consecutive months; for instance, a role that exists for six months in one year and another six months in the following year will still be considered valid, as long as it remains the same position. However, separate jobs that individually last less than 12 months cannot be combined to meet the requirement. The employment must have existed for a total of 12 months, though it does not need to be active at the time of application. Additionally, all jobs must adhere to UK employment regulations, including the Working Time Directive. It is important to note that self-employed contractors engaged with the business are not considered when assessing points for job creation.

Job Creation Requirements for Settlement Applications Under the Covid-19 Concession

Applicants who previously received a Covid-related extension of leave must meet specific job creation criteria to qualify for settlement. They are required to demonstrate the creation of two full-time jobs for a minimum of 12 months in addition to the standard job creation requirements. For instance, if an applicant relied on the existence of two full-time jobs for settled workers during their most recent grant of leave, they must now show that these jobs remained in place for an additional 12 months. The same positions may be counted, provided they continued to exist for the required period.

Accelerated Route to Indefinite Leave to Remain (ILR) Through Job Creation

Applicants seeking ILR via the accelerated route based on job creation must demonstrate that they have created at least 10 full-time jobs for settled workers during their last grant of leave under the Tier 1 Entrepreneur visa category. This stringent requirement ensures that applicants have significantly contributed to job creation in the UK economy.

Genuine Entrepreneur Test for ILR Applicants

Entrepreneurs applying for Indefinite Leave to Remain (ILR) in the UK must satisfy the Genuine Entrepreneur Test, as mandated by the Home Office UKVI. This assessment ensures that the applicant has actively engaged in legitimate business operations during their stay under the Tier 1 (Entrepreneur) route.

To fulfill the criteria of the Genuine Entrepreneur Test, the applicant must demonstrate that they:

• Have established, acquired, or assumed the role of a director in one or more legitimate UK-based businesses and have actively managed their operations.
• Have genuinely invested the required funds, as specified in Table 6 of Appendix A, into one or more businesses for operational purposes.
• Have a genuine intention to continue managing and growing their business ventures in the UK.

When evaluating the authenticity of an application, the Home Office UKVI considers several key factors, including:

• The supporting documentation submitted with the ILR application.
• The viability and reliability of the financial source outlined in Table 5 of Appendix A of the Immigration Rules.
• The credibility of the applicant’s business financial records.
• The legitimacy of the applicant’s business activities within the UK.
• The validity of job creation claims for which the applicant seeks points.
• If the business requires mandatory accreditation, registration, or insurance, the Home Office UKVI will assess whether the necessary certifications have been obtained.
• Any other pertinent information relevant to the application.

To ensure a thorough evaluation, the Home Office UKVI may request additional evidence. Failure to provide the requested documentation within 28 calendar days may result in the refusal of the ILR application. Additionally, applicants must attend any interview requested by the Home Office UKVI unless they present a valid reason for non-compliance.

Absences from the United Kingdom – ILR Eligibility Criteria

To qualify for Indefinite Leave to Remain (ILR), an applicant must not have been absent from the United Kingdom for more than 180 days in any consecutive 12-month period during the required qualifying period. When submitting an ILR application, applicants must disclose all absences from the UK, including the reasons for each absence. However, no specific supporting evidence is required.

Regardless of the reason for the absence—whether work-related or due to compelling personal circumstances—all absences count towards the 180-day limit. The sole exemption applies to individuals who were absent due to involvement in a national or international humanitarian or environmental crisis, such as the 2014 Ebola outbreak in West Africa. In such cases, documented proof must be provided to confirm that the absence was for this purpose.

Additionally, the period between entry clearance approval and actual arrival in the UK is considered part of the continuous residence. If an individual receives entry clearance but does not enter the UK immediately, those days are included in the permitted 180-day limit within any 12-month period.

Example Scenario

If an individual obtains entry clearance but enters the UK 100 days later and subsequently accumulates another 81 days of absence within the same 12-month period, the total absences would exceed 180 days. Consequently, the applicant would not qualify for settlement after 3 or 5 years, depending on the applicable category. The applicant would need to wait until a qualifying period exists where no 12-month period exceeds 180 days of absence before being eligible for ILR as a Tier 1 Entrepreneur.

Exceeding the 180-day absence threshold in any given 12-month period breaks the continuous residence requirement, meaning the qualifying period for ILR would restart. In such cases, an applicant might need to apply for a further extension of their Tier 1 Entrepreneur visa to meet the continuous residence requirement.

Changes to Absence Calculations Post-2018

For ILR applications submitted on or after 11 January 2018, the Home Office UKVI now assesses absences on a rolling basis, rather than in separate fixed 12-month periods. If an applicant’s qualifying period includes leave granted before this date, absences under that leave are assessed under the previous system—where absences were calculated in separate 12-month blocks ending on the ILR application date.

Example: Rolling vs. Fixed Periods

An applicant submits an ILR application as a Tier 1 Entrepreneur on 30 June 2020, and their qualifying period includes the following visa grants:

• From 1 July 2015 to 28 July 2018: Absences are assessed in fixed 12-month periods, ending on 30 June each year.
• From 29 July 2018 to 30 June 2020: Absences are assessed on a rolling basis. The Home Office will not consider any absences from the previous visa period when evaluating this segment.

Life and Language Proficiency Requirement for ILR as a Tier 1 Entrepreneur

When seeking Indefinite Leave to Remain (ILR) under the Tier 1 Entrepreneur route, applicants must fulfill the UK’s Knowledge of Life and Language requirement unless exempt. This entails successfully passing the Life in the UK Test and obtaining an English language qualification in speaking and listening at B1 level or higher. Aden & Co Solicitors provides expert legal guidance to ensure compliance with all ILR requirements, facilitating a seamless application process.

How Can Aden & Co Solicitors Assist You?

Our highly experienced Tier 1 Entrepreneur visa solicitors at Aden & Co Solicitors provide comprehensive legal assistance for your Indefinite Leave to Remain (ILR) application under the Tier 1 Entrepreneur route. We manage every aspect of your ILR application, ensuring a seamless process until a decision is reached by the Home Office.

Here’s how our expert work visa solicitors can support you:

• Conduct a thorough eligibility assessment, reviewing all relevant factors to determine your qualification for ILR.
• Provide clear guidance on legal requirements, necessary documentation, procedural steps, and associated costs.
• Examine your supporting documents and offer expert advice to strengthen your application.
• Supply customized templates for essential documents, such as accountant letters and business verification reports.
• Complete and submit your ILR application through the online Home Office portal.
• Schedule your UKVCAS Sopra Steria appointment for biometric enrollment and document verification.
• Prepare a comprehensive legal cover letter, explaining how your application meets the Home Office requirements.
• Upload all supporting documents to the UKVCAS portal, ensuring compliance with legal standards.
• Address any queries or additional requests from the Home Office UKVI while your application is under review.
• Handle all necessary follow-ups until the final decision is issued.

Fixed Fees for Tier 1 Entrepreneur Visa Applications

Aden & Co Solicitors provides expert legal assistance for Tier 1 Entrepreneur visa applications at transparent and competitive fixed fees. Our pricing structure is outlined below:

Tier 1 Entrepreneur Visa Services & Fees

The exact fee within the specified range depends on the complexity of the case, supporting documentation requirements, and the overall workload involved. Additionally, applicants must cover the Home Office UKVI application fees separately.