LS Legal Solicitors

Deadlines for Tier 1 (Entrepreneur) Migrants

Thursday 13th June 2019

On 07 March 2019, the Home Office published its statement of changes (HC1919) detailing the closure of the Tier 1 (Entrepreneur) route, which has now been replaced by the Tier 1 (Start-up) and (Innovator) categories.

Initial Application Deadlines

The closure of the route took effect from 29 March 2019.  Applications that were submitted on or before 28 March 2019 will be considered under the Entrepreneur category.   Tier 1 (Graduate Entrepreneur) applicants apply on the basis of endorsement letters from Higher Education Institutions or the Department for International Trade. These letters are valid for three months and may continue to be issued until 05 April 2019. Tier 1 (Graduate Entrepreneur) applications can therefore continue to be made until 05 July 2019.

Extension/Settlement Application Deadlines

Transitional arrangements are being applied to mitigate the impact of the changes on those already residing in the UK under the Tier 1 (Entrepreneur) and (Graduate Entrepreneur) categories, namely:

• Extension applications for Tier 1 (Entrepreneur) migrants will remain open until 05 April 2023, and settlement applications until 05 April 2025.
• Tier 1 (Graduate Entrepreneur) migrants will be able to switch into the new Start-up route if they have not yet had their maximum two grants of leave under the Tier 1 (Graduate Entrepreneur) route. If their Start-up endorsement is from the same endorsing body as in their previous Tier 1 (Graduate Entrepreneur) application, their business ideas will not need to meet the new Start-up criteria in relation to innovation and scalability.
• Tier 1 (Graduate Entrepreneur) migrants (including those who switch into the Start-up category as above) will continue to be able to switch into the Tier 1 (Entrepreneur) category until 05 July 2021. This can be in entry clearance or leave to remain.  Tier 1 (Entrepreneur) extension applications will remain open for these individuals until 05 July 2025, and settlement applications until 05 July 2027. Where extension applications are granted by way of an entry clearance application. the period of grant is being shortened from 3 years and 4 months to 2 years and 4 months, to bring it more into line with in-country extensions.

Due to these deadlines, migrants under the Tier 1 (Entrepreneur) category are under pressure to ensure that they meet all the requirements to successfully apply for an extension and then settlement. Many migrants only realise that they fall short of the requirements as they begin preparing for an application and thus, have left it too late to rectify and make up for any shortfalls. To avoid such scenarios, LS Legal have introduced a monthly retainer package to assist Entrepreneurs with all their immigration and business needs, eliminating the chances of non-compliance and an unsuccessful application.

If you are an Entrepreneur, then ensuring you meet the requirements is more important now than ever before. To ensure you will be able to obtain settlement prior to the deadline, we recommend that you seek legal help to review your eligibility and compliance.

LS Legal Solicitors have established an outstanding reputation in assisting Entrepreneurs with their immigration and legal matters. Should you need assistance or guidance, please contact our firm on +44(0)20 81 44 55 88, via email on info@LSLegaLUK.com or use the contact box to discuss your matter or make an appointment.