The Tier 1 (Entrepreneur) and Tier 1 (Investor) immigration routes were both closed to new applicants in 2019 and 2022 respectively.
For those who have permission under these legacy routes, a number of key deadlines are on the horizon.
Tier 1 (Entrepreneur)
EXTENSION
Current holders of the Tier 1 (Entrepreneur) visas will need to ensure they apply to extend their visas by 5 April 2023. If successful, an extension will be granted for a period of two years. Following this date, no further extension applications will be accepted under this route (unless the individual has ever previously had leave as a Tier 1 (Graduate Entrepreneur), in which they have until 5 July 2025 to make an extension).
Extensions may be made from inside or outside the UK. Extensions from outside the UK:
- require specialist advice as they are highly complex
- can be made up to 12 months after expiry of their previous Tier 1 (Entrepreneur) permission provided they have met the extension requirements since they first were granted Tier 1 (Entrepreneur) permission
- are subject to the overseas police report requirement, may be subject to the TB requirement and dependants are not able to extend from overseas under the Rules
- may not be a remedy for a break in continuous UK residence for the purpose of qualifying for ILR due to significant absences or their previous permission has expired
INDEFINITE LEAVE TO REMAIN IN THE UK (‘ILR’)
Applications for ILR will also need to be made by 5 April 2025. Following this date, no further ILR applications will be accepted under this route (unless the individual has ever had leave as a Tier 1 (Graduate Entrepreneur), in which they have until 5 July 2027).
Applications for ILR must be made from inside the UK.
In order to apply for an extension or ILR under the Tier 1 (Entrepreneur) route, it is important to note that all of the other prevailing requirements must also be met.
Tier 1 (Investor)
EXTENSION
Individuals who already have entry clearance or leave to remain as a Tier 1 (Investor) may apply to extend their stay until 16 February 2026. Following this date, no further extension applications will be accepted under this route.
Those who were granted leave in this route between 6 November 2014 and 28 March 2019 (inclusive) must apply to extend their leave by 5 April 2023 if they wish to rely on investments made in UK Government bonds.
Individuals who wish to extend their visas after 5 April 2023 will need to ensure they have moved their qualifying investments out of UK Government bonds before 5 April 2023 (into UK share capital or loan capital in active and trading UK registered companies).
Those who made their initial applications on or after 29 March 2019, will be able to extend their visas until 16 February 2026 (as they would have invested their capital by way of UK share capital or loan capital in active and trading UK registered companies).
Extensions can be made from inside or outside the UK. Extensions from outside the UK:
- require specialist advice as they are highly complex
- can be made up to 12 months after expiry of their previous Tier 1 (Investor) permission provided the UK investment has been maintained since they first were granted Tier 1 (Investor) permission
- are subject to the overseas police report requirement, may be subject to the TB requirement and dependants are not able to extend from overseas under the Rules
- may not be a remedy for a break in continuous UK residence for the purpose of qualifying for ILR due to significant absences or their previous permission has expired
ILR
Applications for ILR as a Tier 1 (Investor) can be made until 16 February 2028. It will not be possible to apply for ILR after this date. It is important to note that applications for ILR where an applicant wishes to rely on investments in UK Government bonds must be submitted before 5 April 2025.
ILR applications in the Tier 1 (Investor) category must always be made from within the UK.
In order to apply for an extension or ILR under the Tier 1 (Investor) route, it is important to note that all of the other prevailing requirements must also be met.
For further information, please contact:
Amy Sarraff, Withersworldwide
amy.sarraff@withersworldwide.com
