4 April 2019

New Immigration Rules came into force on 29 March 2019 which has had a significant impact on the Tier 1 (Entrepreneur) route. As well as closing the route to new applicants, those wishing to extend their permission to stay in the UK under this category can now only do so until April 2023. In addition, those wishing to apply for settlement under this category will now only have until April 2025 to do so. There are exceptions for Tier 1 (Graduate Entrepreneur) migrants to whom the deadlines differ.

For those in the UK as Tier 1 (Entrepreneur) migrants and family members, this means planning ahead to ensure they meet the requirements by the deadlines set. For example, in order to qualify for settlement, individuals and their dependent partners generally cannot have been absent from the UK for more than 180 days in any rolling 12-month period in the five years before the settlement application. This matters more now following the immigration changes, as those who do not qualify and apply for settlement by 2025 will find themselves having to consider another immigration route to remain in the UK or otherwise leave the UK.

Other changes affecting Tier 1 (Entrepreneur) migrants include the documentation they will now need to provide for extension and settlement applications. Individuals will be required to provide more evidence to show business activity, including an overview of the business’s activity and details of their main tasks and responsibilities demonstrating how they are fulfilling the business plan. For jobs created, job descriptions will now also need to be provided. This requirement for more documentation appears to be focused on demonstrating the genuineness of the Tier 1 (Entrepreneur) migrant’s business activities in the UK.

Whilst not a change to the Rules, it is also worth noting that individuals who initially applied before April 2014 could previously combine different jobs to make up one of the two full-time jobs required to be demonstrated for the job creation requirement. From 6 April 2019, this “concession” will be removed.