Tier 1 Entrepreneur Visa ILR – Job Creation Criteria

Entrepreneurs applying for Indefinite Leave to Remain (ILR) under the Tier 1 route must demonstrate that their business activities have generated a minimum of two additional full-time paid positions for individuals classified as settled workers under UK immigration law. Each role must have been in existence for at least 12 months.

A single position is not required to be continuous across the 12-month period. For instance, if a job exists for 6 months in one year and is reinstated for another 6 months the following year, it can still meet the requirement, provided it is the same position with the same job title. However, different short-term roles cannot be combined to fulfil the 12-month condition.

If job creation took place during an earlier visa extension, these roles may still be counted toward your settlement application, as long as they have been maintained for an additional 12 months in the most recent extension period. If the jobs from the previous period no longer exist, you must create two new qualifying roles lasting at least 12 months.

All roles must adhere to UK employment regulations, including compliance with the National Minimum Wage and the Working Time Regulations.

Adjustments Due to COVID-19 Disruptions

If your business operations were impacted by the COVID-19 pandemic, the Home Office allows flexibility. You are not required to employ two individuals for a consecutive 12-month period. Instead, multiple shorter employment periods may be combined, as long as they collectively equate to two full-time roles.

Time periods during which employees were placed on the UK Government’s furlough scheme still count toward the 12-month requirement, provided they were paid at least 80% of their regular salary.

If you cannot meet the full 12-month job requirement before your visa expiry due to pandemic-related challenges, you may still be granted a 2-year extension if:

• You have created at least 2 jobs for settled workers, and

• You can demonstrate that the inability to meet the standard requirement was due to the pandemic.

Applicants who previously received a COVID-related visa extension must prove additional job creation to qualify for settlement. Specifically, you must show that two full-time jobs were maintained for another 12 months beyond the standard requirement.

Given the complexity of these conditions, seeking expert advice from an experienced immigration lawyer is strongly recommended to ensure compliance with all job creation rules.

Tier 1 Entrepreneur ILR – Settlement Timeline

To qualify for ILR as a Tier 1 Entrepreneur, you must have lived in the UK for a continuous period of 5 years under this visa category.

Accelerated ILR (3-Year Route)

You may be eligible for accelerated settlement after 3 years if:

• Your business has created at least 10 new full-time roles for settled workers, or

• Your UK business has achieved a gross income of £5 million over the past 3 years.

For those who invested in an existing business, you must show that your investment led to a net increase of £5 million in the company’s gross income compared to the 3 years preceding your involvement.

You can submit your ILR application up to 28 days before the qualifying period (3 or 5 years). The qualifying period can be based on the 3 or 5 years before the application date or before the Home Office decision date, whichever is more advantageous. Professional legal advice is highly recommended to ensure precise timing for your application.

Residence Requirement for Tier 1 Entrepreneur ILR

To secure ILR under the Tier 1 Entrepreneur route, you must not have been absent from the UK for more than 180 days within any 12-month period during your qualifying 3 or 5 years.

• For visas issued before 11 January 2018, the 180-day limit applies to each fixed 12-month block ending on the anniversary of your visa start date.

• For visas issued on or after 11 January 2018, the Home Office applies a rolling 12-month calculation.

Travel days to and from the UK are not included when calculating absences.

Tier 1 Entrepreneur ILR Processing Times

When applying for ILR through the standard UK Visas & Immigration service, the processing time is typically up to 26 weeks. Currently, there is no priority processing option for Tier 1 Entrepreneur ILR applications, but a 30-day fast-track service is expected to be introduced.

Important Points for Tier 1 Entrepreneur ILR

• Accelerated Settlement (3 Years): Available through significant job creation or meeting the £5 million revenue threshold.
  
  
• Outside the UK: ILR applications cannot be filed from overseas; they must be submitted within the UK.
  
  
• Expert Assistance: Due to the strict and complex requirements, obtaining guidance from an immigration law specialist is advisable.

How Link And Day Lawyers Can Support You

The UK Immigration Rules impose stringent and precise requirements regarding the documentation and evidence needed to support a Tier 1 Entrepreneur Visa ILR (Indefinite Leave to Remain) application. Seeking expert guidance from seasoned immigration lawyers at Link And Day Lawyers can significantly enhance the accuracy, professionalism, and success rate of your application.

Link And Day Lawyers is regarded as one of the most trusted immigration service providers for Tier 1 Entrepreneur visa applicants. Our expertise and dedication to excellence have been acknowledged through our association with leading global networks such as the Investment Migration Council and the Department for International Trade’s Investor Support Network.

Our highly experienced immigration lawyers specialize in assisting entrepreneurs from diverse industries to achieve permanent residency in the UK. Whether you are launching a new start-up or have invested in an existing enterprise, our legal team possesses in-depth knowledge of the complex Home Office regulations and policies. We provide step-by-step guidance to ensure your Tier 1 Entrepreneur Visa ILR application is not only compliant but stands the best possible chance of approval.