Indefinite leave to remain (aka settled status) gives the respective applicant the right to live and work in the United Kingdom on a permanent basis.
Under the Tier 1 Entrepreneur scheme, the applicant is typically required to have spent five years residing in the United Kingdom, prior to applying for indefinite leave to remain. However, it’s possible for the process to be fast-tracked if the applicant meets other requirements outlined by the Home Office.
By consulting with an expert immigration lawyer before submitting your application, you’ll benefit from a better understanding of your current position and your rights.
Also referred to as permanent residence, indefinite leave to remain grants an individual the right to settle permanently in the United Kingdom, with no specific immigration and movement restrictions. Indefinite leave to remain is only granted upon the applicant meeting a variety of strict criteria as determined by the Home Office.
The Qualifying Period for a Tier 1 Entrepreneur Indefinite Leave to Remain
Under the Tier 1 Entrepreneur scheme, the applicant must satisfy minimum length-of-stay requirements to be considered for indefinite leave to remain. Key criteria are as follows:
Qualification for ILR – Tier 1 (Entrepreneur) Settlement
Along with spending a certain amount of time in the United Kingdom, there are additional requirements that must be met to be granted indefinite leave to remain. The most important examples of which are as follows:
Only upon meeting these criteria will most applications for ILR be considered.
Accelerated Settlement – 3 years
There are instances where an entrepreneur may be eligible for accelerated settlement, allowing them to apply for indefinite leave to remain after just three years. Criteria that must be fulfilled are as follows:
Evidence of the creation of 10 or more full-time jobs can be submitted in the form of employment contracts, pay slips and other formal documentation.
Documents Required for Settlement
Applicants must provide sufficient supporting documentation in order to be granted settled status, including but not necessarily limited to the following:
Documents Required for Accelerated Settlement
Additional evidence is required for applicants seeking accelerated settlement, including but not limited to the following:
Most applications for indefinite leave to remain under the Tier 1 Entrepreneur scheme involve additional requirements such as:
Please note that when indefinite leave to remain is granted, it is possible to apply for full British citizenship after one year.
Conditions for Stay – ILR
One of the most important requirements when applying for indefinite leave to remain is the length of unbroken time the applicant has resided in the United Kingdom. While there are allowances and exceptions, it is generally advisable to avoid spending extended periods outside the UK during your initial period of leave. If there is any evidence to suggest that the UK is not or will not continue to be your primary place of residence, your application for indefinite leave to remain may be rejected.
Tier 1 Entrepreneur IRL Specialists in Luton
As experienced business immigration lawyers, we understand the complexities of Tier 1 Entrepreneur visa applications better than most. We also know how to provide the complete and compelling evidence needed to support an application for indefinite leave to remain.Aristone Solicitors would be delighted to provide you with an obligation-free consultation, during which we’ll discuss your eligibility for settled status and decide on an appropriate course of action. Contact a member of our legal team today to discuss your case in more details.
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