A. Applying for extension
Please note that it is no longer possible to apply for extension. The last date for extensions was 06 April 2023.
Applications received after the relevant date above will fall for refusal.
However, if you held leave as a Tier 1 (Graduate Entrepreneur) before you switched into Tier 1 (Entrepreneur), you can submit applications to extend your stay after switching into Tier 1 (Entrepreneur) until 6 July 2025.
At the same time, we expect only a limited number of applicants qualifying under the above exception.
B. Applying for settlement
You can only apply for permanent residence until 6 April 2025.
Also, if you held leave as a Tier 1 (Graduate Entrepreneur) before you switched into Tier 1 (Entrepreneur), you can submit applications to settle until 6 July 2027.
A point scoring system has also been introduced to obtain permanent residency. The applicant must score 75 points on the following attributes:
at least 3 months before applying for permanent residence in the UK, the applicant must (20 points):
be registered with the UK Government Office of Taxation and Customs (HMRC); or
register a new business in which he is a director; or
be registered as a director of an existing business.
The applicant has created at least two full-time jobs for UK residents (20 points). If the previous immigration category of the candidate was the Tier 1 (Entrepreneur) category, then when applying for an extension, the jobs must last at least 12 months;
The applicant has spent a specified period of time in the UK in one of the following categories: Tier 1 (Entrepreneur) or Innovator, and the last time before the application for settlement was made – the applicant was on the Tier 1 (Entrepreneur) visa category. The number of permitted days of absence in the country is no more than 180 days during any 12 calendar months of the established period (35 points).
Take an English language test at the B1 level and also a test of knowledge of life in the country (Life in the UK Test).
The established period for obtaining a permanent residence permit is considered to be:
5 years if the above conditions are met;
3 years if one of the following conditions is met:
The applicant has created at least 10 full-time jobs for UK residents. If the candidate's previous immigration category was Tier 1 (Entrepreneur), then when applying for an extension, the jobs must last at least 12 months; or
over a three-year period, the total turnover of the company amounted to £5,000,000 or more, and for all 3 years the applicant had to be in the UK in the Tier 1 (Entrepreneur) category.
TIER 1 Entrepreneur
C. Applying for UK citizenship
The requirements for obtaining British citizenship remain unchanged, and even if the applicant has received permanent residence after 3 years, he will need to live in the UK as a permanent resident for another 2 years to be able to apply for citizenship.
The rules regarding the maximum possible number of days of absence from the country when applying for citizenship remain unchanged - 450 days in total for 5 years.
D. What is allowed and prohibited on the Tier 1 Entrepreneur visa
On this visa you are allowed to:
work for your business and run your business
study in your free time
bring your dependent partner and children under 18 years old as your dependents
On this visa, you are not allowed to:
resort to state benefits (which means that you will not be able to claim most of the benefits paid by the government);
to carry out any work other than work in a business or companies that you have created, joined or accepted, but it is allowed to perform work for which an agreement will be concluded between your company and another company for the performance of services or the provision of works;
work as a professional athlete (including as a sports coach).
E. Administrative Review (In-country applications only)
If the leave to remain application is refused by the Home Office, the applicant will be given a right to make a request for a review of the decision that must be exercised within 14 days of the date of service of the refusal decision. The applicant will only be able to rely on the information/documents already submitted with the application and will not be allowed to provide or submit any fresh evidence with the review request.
It is therefore strongly advised to take professional help while making grounds for making review request.
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For inquiries about how we can help you, please reach out to us. We're here to help you understand the UK visa and tax process better.