Tier 1 Investors and Tier 1 Entrepreneurs present in the UK can apply for accelerated settlement (also known as Indefinite Leave to Remain). The available routes include 2-years, 3-years and 5-years options for Investors and 3-years and 5-years options for Entrepreneurs: who are high net worth individuals investing significant amounts of money in the UK. In order for your application to be successful, you must satisfy certain requirements and different criteria may apply depending on whether you have invested funds of £50,000, £200,000 (Tier 1 Entrepreneur) or £2,000,000 (Tier 1 Investor). Our experienced solicitors will guide you through the main differences between these two routes and will help you decide what is the best option for you.
Tier 1 Investor Visa: Accelerated Settlement (Indefinite Leave to Remain)
Investors who have invested in the UK at least £2,000,000 may be eligible to apply for settlement status (Indefinite Leave to Remain) in the UK once they have reached five years continuous leave in the UK under the route.
Investors wishing to apply for settlement will have to make sure they do not exceed 180 days absence from the UK during each 12 months of the continuous period. This would include any absences irrespective of their reasons. The applicants’ absence exceeding the period of 180 days in 12 months would break the continuous period and the applicants will need to start the qualifying period again. It is very important to make sure, you do not exceed the allowed absences, as the Home Office will not hesitate to refuse an application where an Applicant has been absent for more than 180 days in any one year of the continuous period.
The UK government has acknowledged the importance of welcoming foreign business people into the UK and in response has introduced an accelerated settlement route. This accelerated settlement route encourages non-EEA business people to invest in the UK and potentially apply for Indefinite Leave to Remain after 2 or 3 years depending on their investments.
The applicants would must have invested the funds by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies.
The applicants will be eligible to apply for accelerated settlement:
- After 2 years if they can demonstrate that they have invested £10,000,000
- After 3 years if they can demonstrate that they have invested £5,000,000
Tier 1 Entrepreneur Visa: Accelerated Settlement (Indefinite Leave to Remain)
Entrepreneurs who have invested in the UK may be eligible to apply for settlement status (Indefinite Leave to Remain) in the UK, after 5 years of continuous leave in the UK. Entrepreneurs who wish to qualify for leave to remain must satisfy paragraph 245DD of the Immigration rules. Settlement under this route does not allow Applicants to combine their Tier 1 (Entrepreneur) leave with any of the other categories. Applicants are free to travel under the Tier 1 Entrepreneuer route but should note the Home Office’s unforgiving rules in respect of absences from the UK during each of the 12 months of the continuous period. The Home Office will not hesitate to refuse an application where an Applicant has been absent for more than 180 days in any one year of the continuous period.
There is an option for Accelerated Settlement for those who wish to settle after 3 years and meet the requirements. An applicant who sets up a new business can qualify for accelerated settlement if they can show that their business has had a minimum income of £5 million directly from their business in the first 3 years of their Tier 1 (Entrepreneur) visa. The Accelerated Settlement may also be exercised by applicants who have taken over an existing business, they must show an increase of £5 million in the gross income as a result of business activity. In the alternative, the Applicant can also apply for accelerated settlement if they have created the equivalent of 10 new full-time jobs for persons settled in the UK or have taken over a business and have resulted in a net increase of employment provided by the business for persons settled in the UK creating the equivalent of 10 new full-time jobs.
Using Legal Representation to Apply for Tier 1 Investor and Tier 1 Entrepreneur Accelerated Settlement
Legal representatives, such as our specialist immigration lawyers, are qualified to advise you on immigration law and your immigration status. It is possible to instruct a legal representative to submit a Tier 1 Investor or Tier 1 Entrepreneur Accelerated Settlement application.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful Tier 1 Investor and Tier 1 Entrepreneur Accelerated Settlement Applications
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your applications before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration or visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.