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For those individuals who were not granted a Tier 1 (Graduate Entrepreneur) visa before being granted their Tier 1 (Entrepreneur) visa, only have until 6 April 2025 to apply for indefinite leave to remain (ILR) in the UK.
The main requirements for indefinite leave to remain are as follows:
- You have spent 5 years in the qualifying route (if you meet the acceleration criteria you will require 3 years);
- You have not spent more than 180 days outside the UK in any 12 months rolling period through your 5 years qualifying residence;
- You have invested, or caused investment to be made by one or more third parties totalling at least £200,000;
- You have been registered with HM Revenue & Customs as self-employed, or registered with Companies House as a director of a UK company or member of a UK limited liability partnership;
The requirements above must have been met:
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- within six months of entering the UK (if granted entry clearance and there is evidence to establish your date of entry)
- or, in any case within six months from the date your last leave was granted, and
- within the 3 months before the date of application
- You have established a new business or businesses that has or have created the equivalent of at least 2 new full time jobs for settled workers
- You meet English language requirement and pass the Life in The UK test
Your dependant partner can join you in the indefinite leave to remain application if they have completed the 5-year qualifying period and meet the requirements of the route at the point of application. Dependent children can apply for indefinite leave to remain as soon as both parents are applying for the settlement at the same time. You may consider applying for British citizenship 12 months after obtaining your indefinite leave to remain and subject to meeting the relevant associated requirements.
What happens if I am unable to meet the requirements for Indefinite Leave to Remain (ILR) under the immigration route I’m in?
This would not necessarily mean the end of your route to indefinite leave to remain in the UK or the end of your business operations. You may consider an option of the business becoming a Sponsor licence holder, to enable you to switch your current visa to a Skilled worker visa.
As with all Immigration applications, it is always recommended that advice is sought from an Immigration solicitor. Our experienced Immigration solicitors at DMH Stallard are able to provide more detailed advice and a range of other Immigration applications. For more information please email or call us on +44 (0)207 822 1636.
