I am outside of the UK and unable to return. I am worried that my excess absences as a result will be an issue for my upcoming indefinite leave to remain and/or naturalisation application. What should I do?
Entrepreneur Visa Settlement
It is no longer possible to apply for entry clearance or an extension in the Entrepreneur visa route. Settlement in the Entrepreneur category 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.
What are the requirements?
The requirements you will need to meet to settle in the Entrepreneur route are as follows:
- 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.
- Registration – As with investment, you do not need to show you were registrered 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.
- 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.
- Maintenance – This does not need to be shown for settlement applicants.
- Genuineness – you must prove that you are a genuine entrepreneur, through evidence of ongoing business activity.
- 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.
- 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.
What documents are required to settle?
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:
- Recent documents confirming registration with HMRC or filing with Companies House
- For the two jobs you have created:
- Real-Time Full Payment Submissions showing compliance with PAYE reporting requirements
- Payslips for the 12-month period relied upon for each worker
- Confirmation of employment details e.g. pay, hours, duties
- Evidence that the employees have settled status in the UK
- 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
- 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)
- Your Life in the UK Test pass confirmation
How can we help?
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.
Why choose Latitude Law?
Latitude Law has significant and growing 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.
Our fees for Entrepreneur settlement applications begin at £4950 + VAT, with final quoted fees depending on the specific requirements of your case. If you would like further information about how we can help then please arrange an appointment by calling our Manchester office on 0161 234 6800 or London on 020 7046 7185.
British Citizenship by Naturalisation or Registration
Naturalisation as a British citizen is a significant life decision, and it is best that you consult an immigration specialist before proceeding with your naturalisation application. As a niche, law firm specialising in UK immigration law, our lawyers are uniquely qualified to provide all the help you require to ensure your application is successful.
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All content on this page was reviewed by Latitude Law and is accurate as of 08/06/2023