Apply for ILR as a Tier 1 Entrepreneur - Specialist Immigration Solicitors

You can apply for ILR as a Tier 1 Entrepreneur either after 5 years residence in the UK or after 3 years residence under the accelerated route to settlement. You can apply for ILR as Tier 1 Entrepreneur by completing an online application form for ILR as Tier 1 Entrepreneur. Applicants who wish to apply for indefinite leave to remain (ILR) in the future under the Tier 1 Entrepreneur visa category should ensure they have not had excessive absences from the UK and that they can meet the specific Tier 1 (Entrepreneur) ILR requirements. An application for ILR as a Tier 1 Entrepreneur migrant can only be submitted through the standard service, as the Home Office UKVI does not offer Super Priority Service for this route. An application submitted to the Home Office using the standard service is normally decided by UKVI within 3 to 6 months. 

A Tier 1 Entrepreneur Migrant who switched from Tier 1 Graduate Entrepreneur can apply for ILR as a Tier 1 Entrepreneur Migrant before 6 July 2027.

Free Immigration Advice for ILR as a Tier 1 Entrepreneur Migrant 

Our specialist team of immigration solicitors can provide 5 minutes of free, one-off immigration advice regarding your ILR as a Tier 1 Entrepreneur. Ask a question online to our specialist team of immigration solicitors for free immigration advice online, or book an appointment online for detailed immigration advice and consultation with one of our work visa solicitors concerning your ILR application as a Tier 1 Entrepreneur.

Requirements for ILR as a Tier 1 Entrepreneur Migrant

You can apply for Indefinite Leave to Remain (ILR) as a Tier 1 Entrepreneur Migrant if:

• You currently have a Tier 1 (Entrepreneur) visa
• You must have created 2 jobs during your last grant of leave (10 jobs if you are applying under the accelerated route to settlement)
• You must be a genuine entrepreneur
• you’ve been living in the UK for 5 years (or 3 years if you are applying under the accelerated route to settlement)
• You must not have been absent from the UK for more than 180 days in any 12 months
• You must have passed the Life in the UK test
• You must meet the English language requirement
• Your application must not fall for refusal under the general grounds for refusal
• You must mut not be in breach of UK immigration laws except where paragraph 39E of the Immigration Rules applies

ILR as a Tier 1 Entrepreneur Under the Accelerated Route

You can apply for ILR as a Tier 1 Entrepreneur Migrant under the accelerated route after 3 years' residence if you have either created 10 jobs for settled workers for 12 months or your business turnover in 3 years is not less than £5 million. You can apply for ILR under the Accelerated Route up to 28 days before you complete 3 years' residence in the UK as a Tier 1 Entrepreneur Migrant. A Tier 1 Entrepreneur Migrant who switched from Tier 1 Graduate Entrepreneur can apply for ILR as a Tier 1 Entrepreneur Migrant before 6 July 2027. 

You cannot combine a Tier 1 (Entrepreneur) leave with leave in any other category to meet the continuous leave requirement. Your qualifying period can include time from the date when your initial application (for entry clearance or leave to remain) was approved.

You can apply for Indefinite Leave to Remain (ILR) as a Tier 1 Entrepreneur Migrant under the accelerated route if:

• You currently have a Tier 1 (Entrepreneur) visa
• You must have You have created 10 jobs for settled workers for 12 consecutive months and invested £200,000 in your business; OR
• You have created two jobs for settled workers and invested £200,000 in the business, and the business's turnover over the last 3 years was not less than £5 million.
• You must be a genuine entrepreneur
• you’ve been living in the UK for 3 years
• You must not have been absent from the UK for more than 180 days in any 12 months
• You must have passed the Life in the UK test
• You must meet the English language requirement
• Your application must not fall for refusal under the general grounds for refusal
• You must mut not be in breach of UK immigration laws except where paragraph 39E of the Immigration Rules applies

It is very common for applicants to apply for ILR under the accelerated route based on creating 10 jobs for settled workers and investing £200,000 in the business.

Points Table for ILR as a Tier 1 Entrepreneur

Tier 1 Entrepreneur visa is a Points-Based visa category, and points can be awarded for the Attributes Section for the grant of ILR to the Tier 1 Entrepreneur Migrant. A Tier 1 Entrepreneur migrant should score 75 points in total from the Attributes Section to qualify for ILR as a Tier 1 Entrepreneur migrant. The breakdown of the required points for ILR as a Tier 1 Entrepreneur migrant is given in the points table below:

Criterion	Points
The applicant has invested, or had invested on his behalf, not less than £200,000 (or £50,000 if, in his last grant of leave, he was awarded points for funds of £50,000) in cash directly into one or more businesses in the UK. The applicant will not need to provide evidence of this investment if they were awarded points for it in their previous grant of entry clearance or leave to remain as a Tier 1 (Entrepreneur) migrant (this includes the evidence to demonstrate that the investment was in a UK business).	20
On a date no earlier than 3 months before the date of application, the applicant was registered with: HMRC as self-employed Companies House as a director of a new or existing company or member of a new or existing partnership	20
The applicant has: established a new business or businesses that has or have created the equivalent of at least 2 new full-time jobs for persons settled in the UK taken over or joined an existing business or businesses and their services or investment have resulted in a net increase in the employment provided by the business or businesses for persons settled in the UK by creating the equivalent of at least 2 new full-time jobs The jobs must have existed for at least 12 months of the period for which the most recent leave was granted or, where that leave was granted less than 12 months ago, for at least the 12 months immediately before the date of the current application.	20
The applicant has spent the specified continuous period lawfully in the UK, with absences from the UK of no more than 180 days in any 12 calendar months during that period. The specified period must have been spent with leave as a Tier 1 (Entrepreneur) migrant. The specified continuous period is: 3 years, if the number of new full-time jobs created is at least 10 3 years, if the applicant has: established a new UK business with an income from business activity of at least £5 million during a 3-year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant taken over or invested in an existing UK business and their services or investment have resulted in a net increase in income from business activity to that business of £5 million during a 3-year period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant, when compared to the immediate preceding 3-year period 5 years in all other cases	15
Total Points	75

Investment of Funds in the UK Business

Unless the applicant is applying for ILR under the Accelerated route, the investment requirement would have been met in the Tier 1 Entrepreneur extension application stage, and the applicant does not need to provide any evidence at the ILR stage to satisfy the investment requirement.

Creation of Jobs for ILR Application

A person applying for indefinite leave to remain (ILR) as a Tier 1 Entrepreneur must create jobs in his/her UK business. If the applicant established a new business or businesses or invested in an existing
business, they must have created the equivalent of 2 extra full-time paid jobs for at least 2 people who meet the definition of settled workers in the Immigration Rules at the time their employment starts. Each job must have existed for at least 12 months.

The Home Office defines full-time as a 30-hour working week.

If they are self-employed, they must employ the workers directly. If they are a director of a company or a member of a partnership, they must have created 2 new posts. Both team members of an entrepreneurial team can use the same evidence for creating employment.

Tier 1 (Entrepreneur) migrants who invest in the same business and are not part of an entrepreneurial team may not use the same evidence of job creation. If the applicant is not the sole partner or director of the business or businesses, they must confirm:

• the dates that any other Tier 1 (Entrepreneur) migrants became a director of the company/member of the partnership
• whether the applicant and the other Tier 1 (Entrepreneur) migrant are team members who will be sharing evidence of job creation

A single job need not consist of 12 consecutive months (for example, it could exist for 6 months in one year and 6 months the following year), providing it is the same job (different jobs that have existed for less than 12 months cannot be combined together to make up a 12-month period). The jobs need not exist at the date of application, provided they have existed for 12 months. The jobs must comply with the UK regulations, including the Working Time Directive. Self-employed contractors who are working for the business do not count when awarding points.

Job Creation: Settlement applications where the applicant’s last extension was granted under the concession for businesses impacted by the Coronavirus pandemic

In respect of an applicant who was granted a Covid-related extension of leave, to qualify for settlement, applicants will be required to demonstrate that they have created 2 full-time jobs for the 12-month period in addition to the existing job creation requirement for settlement. For example where they are relying on having created 2 full-time jobs for settled workers that existed in 12 months during their most recent grant of leave, they will also be required to show that 2 full-time jobs existed for an additional 12 months; these can be the same jobs, providing they meet the requirement of existing for at least a further 12 months.

Job Creation: Accelerated Route To ILR

If an applicant makes an application for indefinite leave to remain (ILR) through the accelerated route and relies on the creation of jobs criteria, they must create at least 10 jobs for settled workers during their last grant of leave as a Tier 1 Entrepreneur.

Genuine Entrepreneur Test

Migrants applying for indefinite leave to remain (ILR) are subject to a genuine entrepreneur test.

To meet the requirements of the genuine entrepreneur test, the Home Office UKVI must be satisfied that the migrant:

• has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while they had leave as a Tier 1 (Entrepreneur) Migrant
• has genuinely invested the money referred to in table 6 of Appendix A into one or more businesses in the UK to be spent for the purpose of that business or those businesses
• genuinely intends to continue operating one or more businesses in the UK

In assessing the genuineness, the Home Office UKVI may take into account the following:

• the evidence that the applicant submits in support of the ILR application
• the viability and credibility of the source of the money referred to in Table 5 of Appendix A of the Immigration Rules
• the credibility of the financial accounts of the applicant's business or businesses
• the credibility of the applicant's business activity in the UK
• the credibility of the job creation for which the applicant is claiming points
• if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained
• any other relevant information

The Home Office UKVI may request additional information to support the assessment of the ILR application and may refuse it if the evidence is not provided. Any requested documents must be received by the Home Office UKVI within 28 calendar days of the date of request. Also, the applicant must comply with any request from the Home Office to attend an interview, unless a reasonable explanation is provided for why the applicant cannot do so.

Absences From the UK

You cannot have had more than 180 days’ absence from the United Kingdom during any consecutive 12 months of the qualifying period. You will need to list details of your absences from the United Kingdom, including the reasons for those absences, on the ILR application form, but you will not need to provide any specified evidence to support this.

Whatever the reason for absences from the United Kingdom, they will still count towards the maximum of 180 days. This includes any absences for work reasons or serious and compelling reasons. The only exception is where you have been absent from the United Kingdom assisting with a national or international humanitarian or environmental crisis overseas, such as the Ebola crisis, which began in West Africa in 2014, and you can provide evidence that this was the purpose of the absence.

You can include the time between your entry clearance being granted and your entering the United Kingdom as part of your continuous period. Absences between the date entry clearance being granted and you entering the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period.
For example, if you entered the United Kingdom 100 days after you obtained entry clearance and have a further 81 days' absence during the remainder of the continuous 12-month period, you will have exceeded the number of absences permitted from the United Kingdom. You would therefore not qualify for settlement 5 years or 3 years (as appropriate) after the date you obtained entry clearance. You would need to wait until a date where none of the qualifying period included absences of more than 180 days in any consecutive 12-month period, before you could qualify for ILR as a Tier 1 Entrepreneur.

If you have been outside the United Kingdom for more than 180 days in any consecutive 12-month period, this will break the continuous period, and you will need to restart the qualifying period for settlement. If this happens, you may need to obtain a further extension of the Tier 1 Entrepreneur visa to reach your continuous period in the United Kingdom.

For ILR applications made on or after 11 January 2018, the Home Office UKVI will consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes leave granted before this date, any absences during that leave will be considered under the previous rules – in separate 12-month periods, ending on the same date as you make your ILR application. 

Knowledge of Life and Language for ILR as a Tier 1 Entrepreneur

When you apply for ILR as a Tier 1 Entrepreneur, you are required to show that you have knowledge of life and language in the United Kingdom before you can be granted ILR (unless you fall under an exemption). You can demonstrate the knowledge of Life and Language by passing both the Life in the UK Test and holding an English speaking and listening qualification at level B1 or above.

How Can We Help?

Our expert team of Tier 1 Entrepreneur visa solicitors can provide immigration advice and legal representations for your application for ILR as a Tier 1 Entrepreneur and carry out all the work on your ILR application until a decision is made by the Home Office on your ILR application. The work to  be carried out by our Tier 1 Entrepreneur visa solicitors on your ILR application will entail the following:

• Our work visa solicitors will assess your eligibility for ILR as a Tier 1 Entrepreneur, taking into account all relevant information.
• Our work visa solicitors will advise you on the relevant requirements, documents, procedures and costs involved in your ILR application;
• Our work visa solicitors will assess the documents you have provided for your ILR application and advise you accordingly.
• Our work visa solicitors will provide you with templates for the appropriate documents to be submitted in support of the application, e.g., a letter from the accountant.
• Our work visa solicitors will complete the online application and submit your ILR application online.
• Our work visa solicitors will book your appointment at the application centre for document verification and biometric enrolment.
• Our work visa solicitors will prepare a detailed cover letter in support of your ILR application, explaining how the relevant legal requirements are satisfied in light of the documents submitted with the ILR application.
• Our work visa solicitors will upload all the supporting documents to the TLSContact online portal in support of your ILR application.
• Our work visa solicitors will deal with any enquiries from the Home Office UKVI while the ILR application is pending.
• Our work visa solicitors will carry out all the follow-up work on the ILR application until a decision on your ILR application is received from the Home Office UKVI.

Specialist Work Visa Solicitors

Our work visa solicitors are specialists in Tier 1 Entrepreneur visa applications, whether from inside or outside the UK. As one of the best work visa solicitors, we have an excellent track record of helping clients successfully obtain Tier 1 Entrepreneur visas. Our highly experienced and fully qualified work visa solicitors can provide fast, friendly, reliable, and fixed-fee immigration advice and legal representation for your Tier 1 Entrepreneur visa application. 

The high quality of UK visa and immigration legal services provided by our best team of immigration lawyers is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based work visa solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of UK visa and immigration cases. Our team of highly regarded work visa solicitors brings together more than 6 decades of collective, specialised expertise in successfully handling UK visa and immigration applications.

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Our Fixed Fees for ILR as a Tier 1 Entrepreneur

Our fixed fees for ILR as a Tier 1 Entrepreneur are as given in the fee table below:

Our Service	Our Fixed Fees Range
Full service for ILR as a Tier 1 Entrepreneur migrant from inside the UK to cover our work until a decision on your ILR application	From £2,000 + VAT To £4,000 + VAT

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved. In addition to our fixed fee, the applicant must also pay the Home Office UKVI fees for the application.

Get a Fixed Fee Quote for Your Tier 1 Entrepreneur Visa Matter