The Immigration Rules in the UK has certain provisions within specific visa categories under the Points Based System which enables migrants to apply for Indefinite Leave to Remain sooner than usually eligible on the basis that the requirements for accelerated Indefinite Leave to Remain are met.
What is the accelerated route to Indefinite Leave to Remain under a Tier 1 (Entrepreneur) visa?
By way of a brief background, in order to obtain a Tier 1 (Entrepreneur) visa, the applicant must demonstrate that he/she has access to funds of either:
- £200,000 of either their own funds or funds provided by a third party; or
- £50,000 from an FCA registered UK venture capital firm, a UK seed funding competition, or from a UK government department
In addition, the applicant must demonstrate that they hold sufficient maintenance funds of either £3,310 for an entry clearance application where there are no dependants or alternatively, £945 for an in-country application where there are no dependants to the application. Applicants are also required to evidence sufficient knowledge of the English language which can be evidenced through three different methods.
Contact us if you are unsure as to whether you meet the English language requirement and our team of dedicated immigration specialists can assess your case in detail.
It should be noted that the above is a brief summary of the requirements, there are also an array of evidentiary documentation required to be submitted with each application. Without the mandatory documentation, the application is unlikely to be successful and will result in a refusal.
If an application is successful, the applicant is granted leave for three years and four months. Following the initial grant of leave, a Tier 1 (Entrepreneur) migrant can make an application for an extension of leave which will provide the migrant with a further two years of leave. After holding a Tier 1 (Entrepreneur) visa for five years, the Tier 1 (Entrepreneur) migrant can apply for Indefinite Leave to Remain.
However, in some circumstances a Tier 1 (Entrepreneur) migrant will be able to apply for Indefinite Leave to Remain after only three years of residence in the UK. To be eligible for the accelerated route, the applicant must demonstrate that their business created a minimum of 10 new jobs for a consecutive 12-month period and invested the £200,000 of funds within three years.
Alternatively, the Tier 1 (Entrepreneur) migrant must demonstrate that the business accrued an income of £5 million within three years and that the £200,000 was invested within this period. The applicant will be required to evidence this and as such, will be expected to provide relevant documentation including but not limited to, audited accounts as well as an original signed and dated letter explaining the net increase in business activity.
What is the accelerated route to Indefinite Leave to Remain under a Tier 1 (Investor) visa?
The main requirement of a Tier 1 (Investor) visa is that the applicant must have funds available to the sum of £2 million. It is important to note that the funds must be under the control of the applicant and be disposable.
The initial grant of leave is for a period of three years and four months following which an extension of leave for a further period of two years must be requested. Following five years of continuous residence in the UK as a Tier 1 (Investor) as well as having made an investment of £2 million, the migrant may be eligible to apply for Indefinite Leave to Remain
Similar to the Tier 1 (Entrepreneur) accelerated route to settlement, the Tier 1 (Investor) accelerated route to settlement allows the migrant holder to apply for Indefinite Leave to Remain following three years of residence in the UK. To be eligible for the accelerated route, the migrant must demonstrate that he/she invested £5 million in the UK. Alternatively, the applicant can apply for Indefinite Leave to Remain after only two years if an investment to the sum of £10 million was made within this period.
It is important to note that the applicant must demonstrate that the relevant investment was made by way of UK Government bonds, share capital or loan capital in an active and trading UK registered company.
Our immigration team undertake complex applications under the Points Based System daily and have therefore, acquired extensive experience in making successful applications for leave and settlement.