What Is The Accelerated Route to Settlement?
There are two different ways to do this.
1. Increasing the jobs in the company by 10 full time people, or
2. Increasing the business turnover by £5 million.
Accelerated Settlement: Creation of 10 jobs
Table 6 of Appendix A to the immigration rules specifies that an applicant can either create 10 jobs in a new business or increase the number of jobs in an existing business by 10.
Each job has to exist for 12 months since the last grant of leave, or where the last grant of leave was less than 12 months ago, they must have existed for the 12 months prior to the application.
As with a normal extension or settlement application the jobs must be at least 30 hours per week and paid at least at the level of minimum wage appropriate for the person filling the role depending on their age.
Accelerated Settlement: £5 million Turnover
In order to demonstrate that the business has had a £5 million turnover, the immigration rules specify documents that must be provided. For a new business this includes accounts that confirm that the gross income resulting from the business’ activities and that this reached at least £5 million.
Where the Entrepreneur has joined an existing business, accounts showing the gross income from business activity for the three year period immediately before the date on which the applicant became involved with the business, as well as a letter from the accountant providing an explanation of the applicant’s status in the business.
Other Requirements for Accelerated ILR as a Tier 1 Entrepreneur
Entrepreneurs should ensure that they are in a position to meet all requirements of the immigration rules, and not just the additional criteria to settle. This includes demonstrating that you have been a Director or Self Employed at the relevant times, that your business is properly registered in the UK and that you meet the English Language Requirement, as well as having passed the Life in the UK test.
When Can I Apply for ILR As A Tier 1 Entrepreneur?
You can apply for ILR under the Tier 1 Entrepreneur route once you have resided continuously in the UK as a Tier 1 Entrepreneur for a period of five years.
As a Tier 1 Entrepreneur you may apply for accelerated ILR after a continuous period of three years if you have created the equivalent at least 10 new full time jobs for members of the settled population. You may also qualify for accelerated settlement after three years if your UK business has had a gross income from business activity of at least £5 million during the last three years. If you invested into an existing business then your services or investment must have resulted in a net increase in gross income from business activity of £5 million during the 3 year continuous period, when compared to the three year period immediately before the date you became involved with the business.
How Long Will It Take?
You can apply for Tier 1 Entrepreneur visa ILR up to 28 days before you reach the relevant qualifying period.
Your qualifying period will be either the three or five years immediately before the date you apply for settlement or the three or five years immediately prior to the date your settlement application is decided, depending on which is most favourable to you.
If you apply for indefinite leave to remain as a Tier 1 Entrepreneur via UK Visa & Immigration’s standard service, you can normally expect to receive a decision within 26 weeks of your ILR application date. The Home Office does not currently offer a priority service for Tier 1 Entrepreneur visa ILR applications.
By creating an account with UK Immigration Solicitors, you can benefit from reminders to apply in a timely fashion.
What Is The Residency Requirement?
In order to qualify for indefinite leave to remain (ILR) as a Tier 1 Entrepreneur, you must not have been absent from the UK for more than 180 days in any 12 month period during your qualifying three or five year period.
For any absences from the UK during periods of leave granted under the Rules in place before 11th January 2018, you must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the Tier 1 Entrepreneur visa ILR application. For any absences from the UK during periods of leave granted under the Rules in place since 11th January 2018, the Home Office will consider a rolling 12 month period.
In either case, days spent travelling to or from the UK will not count for the purpose of the Tier 1 Entrepreneur ILR residence and absence requirement.
Can I Apply From Outside the UK?
No. Tier 1 Entrepreneur ILR applications can only be submitted from within the UK.