UNITED KINGDOM – Tier 1 Extension Deadlines Imminent

March 13, 2023

Two important deadlines are coming up in the United Kingdom at the beginning of April 2023 for certain applicants in the legacy Tier 1 (Investor) and Tier 1 (Entrepreneur) immigration routes. Details are set out below.  In February 2022, the UK government closed the Tier 1 (Investor) and Tier 1 (Entrepreneur) routes to new applications for entry clearance or leave to remain. The deadline to submit a Tier 1 (Extension) application is 05 April 2023. Exceptions will apply to applicants who have been granted leave under the Tier 1 (Graduate Entrepreneur) route.

You must submit your Tier 1 extension applications before your initial Tier 1 visa expires. We can assist you with putting together the extension application and collating the necessary supporting documents and information.You may be eligible for accelerated settlement if you meet the following criteria:

  • Your UK business has created ten new jobs across the 3 years of your initial leave, or
  • Your UK business has reached a turnover of at least £5 million over the 3 years of your initial leave.

What Are the Advantages of Extending My Tier 1 (Entrepreneur) Visa?

  • Continuing your residence and working rights.
  • Allowing the possibility of permanent residency after completing 5 years of residence in the UK under the route.
  • Once you have permanent residency (Indefinite Leave to Remain in the UK), you and your dependents can apply for British Citizenship after the qualifying period.
  • You may combine the time spent in the UK under the Tier 1 (Entrepreneur) Visa with time spent under other visa categories (if continuous lawful residence) to qualify for ten-year permanent residency rights.

Existing Tier 1 (Entrepreneur) migrants can submit an application for temporary extension of leave, if their business has been impacted by the COVID-19 pandemic.

You could qualify for ILR or settlement subject to relevant immigration rules after living in the UK under Tier 1 Entrepreneur category for 5 years continuous years. There are also some circumstances enabling you to apply for accelerated settlement in only 3 years. Those applying to extend their Tier 1 (Investor) visa must meet certain investment eligibility requirements depending on when they successfully applied for their visa.

Applicants whose initial leave was granted between 6 November 2014 and 28 March 2019 must show that they have invested at least £2 million in the UK by way of UK Government bonds, share capital or loan capital in active and trading UK registered companies.

Applications for Indefinite Leave to Remain can be made until 17 February 2028.

An application for Indefinite Leave to Remain can be made once an applicant has held a Tier 1 Investor visa for a period of at least 5 years and demonstrated that they have invested £2 million by meeting the criteria above. An application for accelerated settlement can be made after 2 years if the applicant has increased their investment to £10 million or 3 years if the investment has been increased to £5 million.

Having your Tier 1 extension refused can be a disappointing, frustrating, and upsetting experience, for you and your family, and you may feel that you have limited options. If your application has been refused, we can assist you with:

  • Applying for Administrative Review,
  • Submitting a new Tier 1 extension application or Commencing Judicial Review proceedings.
  • Analysing your circumstances and advising Judicial Review if there is merit to the case. In a Judicial Review application, we would prepare and serve a Pre-action Protocol letter to the UK Visas and Immigration (UKVI) and state why the caseworker was wrong to refuse your extension application. If this does not result in the UKVI overturning their decision and granting your Tier 1 extension Visa, we can then file with the Upper Tribunal an application for Judicial Review on your behalf.

If you have any compliance queries on the above or which are more nuanced please contact us directly on [email protected]. For general advice and information on immigration and business travel to the UK, please contact us.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.