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Tier 1 Entrepreneur visa holders

25 April 2019

Due to changes in the Immigration Rules effective from 29 March 2019, existing Tier 1 (Entrepreneur) migrants may only extend their leave in this category if they apply on or before 5 April 2023. They may only apply for Indefinite Leave to Remain on or before 5 April 2025. This means that if you wish to stay in the UK, you must ensure that you meet the requirements for extension and Indefinite Leave to Remain by these dates.

In particular, in order to meet the continuous qualifying period required for Indefinite Leave to Remain, absences from the UK should be monitored to ensure they do not exceed 180 days per year. Also, extension applications made from abroad should be submitted before the expiry of the person’s existing leave.

There are different arrangements for those who previously have held leave as a Tier 1 (Graduate Entrepreneur). Where this applies:

  • the initial application under Tier 1 (Entrepreneur) must be made on or before 5 July 2021
  • the last date an extension application can be made is 5 July 2025
  • the last date an application for Indefinite Leave to Remain can be made is 5 July 2027

It is also possible for a migrant holding one of the new Start-up visas to make an application for three years’ leave to remain as a Tier 1 (Entrepreneur) migrant, provided they apply on or before 5 July 2021. They must apply for indefinite leave to remain on or before 5 April 2025.

The eligibility requirements for the new Innovator category which nominally replaces the Tier 1 Entrepreneur visa, are substantially different and there will be relatively few existing Tier 1 (Entrepreneur) migrants who will be able to qualify for it. Accordingly, individuals who are affected by the closure of the route should plan appropriately to ensure that they are eligible to make their intended applications before the relevant deadlines.

If you have any queries about these changes, please do get in touch with a member of the immigration team.

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