It is no longer possible to apply for entry clearance or an extension in the Entrepreneur visa route. It is possible to apply to settle, although this can be tricky, due to the strict eligibility and specified evidence requirements contained in the UK’s Immigration Rules. Although it is impossible to take a ‘one size fits all’ approach to these applications, we have outlined below the requirements that you will need to meet and how you can prove your eligibility to the Home Office in your settlement application.
This route is generally only available until 05 April 2025. However, if leave has previously been held under the Tier 1 (Graduate Entrepreneur) before switching into Tier 1 (Entrepreneur), application can be submitted up until 06 July 2027.
1. Investment – This will normally have been accepted in the context of an extension application, which means you will not need to provide evidence of investment again. Those looking at the accelerated settlement route after 3 years may need to show they have invested more than £200,000 into one of more UK businesses.
2. Registration – As with investment, you do not need to show you were registered as self-employed or as a company director within the specified 6 months if it was accepted in the context of a previous entry clearance or extension application. You must still be registered as a director etc. at the date of your settlement application, and be able to prove this.
3. Job creation – You must show that your Entrepreneur status has led to the creation of 2 full-time job roles in the UK, filled by British or settled workers, for at least a 12-month period, normally since your extension application was approved. There is an increased job-creation requirement for accelerated settlement.
4. Maintenance – This does not need to be shown for settlement applicants.
5. Genuineness – you must prove that you are a genuine entrepreneur, through evidence of ongoing business activity.
6. English language ability– you must demonstrate that you have sufficient English language ability. This is considered to be Level B1 CEFR or above. You must pass the Life in the UK Test.
7. Continuous residence and absences – You must show that you have spent a continuous period of 5 years (3 years for accelerated settlement) lawfully in the UK with leave as a Tier 1 (Entrepreneur) migrant. Within this period, your absences must not have exceeded 180 days in any rolling 12-month period.
A person may be eligible for an accelerated route to settlement if they meet the same requirements, but can show that after 3 years under this visa, they have created at least 10 new full-time jobs or the business has a turnover of at least £5 million.
The exact documents that will need to be provided will vary depending on the type of business that you have invested in. It is essential that you take advice specific to your case before applying – and preferably throughout your period of leave as an Entrepreneur. Remember that the majority of the evidence you must provide is ‘specified’, meaning that an application can be refused without it. Generally, the following documents will be essential to demonstrate that the requirements are satisfied:
1. Recent documents confirming registration with HMRC or filing with Companies Hous
2. For the two jobs you have created:
3. Evidence to show that you are running a genuine business. We can advise about relevant proof that your business is trading in the UK; note that you may be required to attend an interview with Home Office officials in relation to the genuineness test. If your business operations were disrupted by Covid, our lawyers can advise on relevant Home Office policy and guidance that responded to the pandemic
4. Your English language test certificate (Level B1+) or proof of a degree that was taught in English either at a British university, or recognised by Ecctis (formerly UK Naric)
Confirmation you have passed the Life in the UK Test
Experience working with Natasha
“It has been a wonderful experience to work with Natasha, she is always prompt on my queries, extremely thorough and very professional. With Natasha’s due diligence, we were able to get a quick decision.”
Client – Ms Yagnik
Latitude Law can assist you with the entire settlement application process, for you and your dependants, from start to finish. Remember that seeking legal advice from our specialist team early in your stay in the UK will help you understand how to conduct your business during your time as an Entrepreneur. Our service will include advice on your prospects of success and will highlight any potential issues that you may face in your application. Latitude will provide a tailored list of documents to support the application; we can liaise directly with your accountant to gather relevant items. We then ensure that all documents comply with the specified evidence requirements of the Immigration Rules and prepare your application to the highest professional standards.
Latitude Law has significant experience of preparing successful Entrepreneur settlement applications. We have assisted clients with tackling some of the most complex issues that can arise for Entrepreneurs looking to achieve permanent residence in the UK, and we are proud of the high standard of service that we provide to our clients.
Thanks to our extensive knowledge of immigration rules, we are able to provide pragmatic advice and meet our clients’ needs. We have connections with the Home Office and other immigration authorities so we can advise you with confidence, and ensure the entire immigration procedure runs smoothly and efficiently for you.
Working with a law firm can be a big decision, which is why we ensure that our clients are at the heart of everything we do. We are a highly driven team that is dedicated to providing clear and reliable immigration advice.
As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity and uncertainty that constantly shifting visa and residence policies create for entrepreneurs looking to settle here. Our lawyers can provide up-to-the-minute legal advice on how any changes will impact your application.
We are pleased to be recognised as a leading law firm by the following independent bodies: The Times Best Law Firms 2024, Chambers & Partners 2024, Legal 500 2024 and Who'sWhoLegal 2024. These endorsements from the international legal directories demonstrate our integrity and success in dealing with difficult cases. We are also proud of our 5-star Google reviews from over 150 satisfied clients.
As the requirements for an Entrepreneur visa settlement are extremely complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that your supporting documentation is compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
This is an application for settlement, and therefore leave is indefinite.
This is an application for settlement, and therefore leave is indefinite.
There may be an option to request a review of a refusal to grant an Entrepreneur settlement visa. Such reviews may take some time to be decided, so it is worth contacting an immigration expert to discuss your options.
Dependants of a Tier 1 Entrepreneur are able to apply for settlement after having held leave for a continuous period of 5 years.
Naturalisation as a British citizen is a significant life decision, and it is best that you consult an immigration specialist before proceeding with your application. As a niche law firm specialising in UK immigration and nationality law, our expert lawyers are uniquely qualified to provide all the help you require to ensure your application is successful.
The Business Visitor visa is for individuals who wish to enter the UK in order to undertake permitted short-term business-related activities. As the business visitor visa route falls within the standard visitor visa category, business visitors will only be permitted to travel to the UK for short periods e.g. a maximum period of 6 months.
After naturalising as British, individuals can apply for their first British passport. This is strongly recommended, as it is the best way to evidence your new nationality.
