Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 1 Graduate to Tier 1 Entrepreneur - Do I extend after 3 years or apply for ILR

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
samisaade
Newly Registered
Posts: 1
Joined: Thu Dec 06, 2018 3:28 pm

Tier 1 Graduate to Tier 1 Entrepreneur - Do I extend after 3 years or apply for ILR

Post by samisaade » Thu Dec 06, 2018 3:35 pm

Hi all,

I am currently in my third year of the Tier 1 Entrepreneur Visa, and the 5th year total in the Tier 1 visa. In 2014 I applied and received the Tier 1 Graduate Entrepreneur Visa. I then extended that by 1 year as per the guidelines. I then switched to the Tier 1 Entrepreneur Visa as per the guidelines. Therefore:

2014-15: Tier 1 Graduate Entrepreneur
2015-16: Tier 1 Graduate Entrepreneur
2016-17: Tier 1 Entrepreneur
2017-18: Tier 1 Entrepreneur
2018-19: Tier 1 Entrepreneur

Now that the third year is soon coming to an end I am a little confused about the next steps. Assuming I have satisfied the normal requirements (not the accelerated ones), do I now apply for ILR? Or do I still first need to apply to the 2 year extensions of the Tier 1 Entrepreneur visa? This would give me 7 years total.

The guidance says "You can apply for settlement (also known as Indefinite Leave to Remain or ILR) under Tier 1(Entrepreneur) once you have reached five years continuous leave in the United Kingdom under the route. " But it does not specify whether Tier 1 Graduate Entrepreneur is considered as part of the same visa or whether it is completely separate.

Thanks in advance!

User avatar
CR001
Moderator
Posts: 50378
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Tier 1 Graduate to Tier 1 Entrepreneur - Do I extend after 3 years or apply for ILR

Post by CR001 » Thu Dec 06, 2018 3:42 pm

My understanding is that you need 5 years as Tier 1 Ent. The graduate ent does not count for the 5 years required for ILR.

245DF of the Immigration Rules Part 6a state it is 5 years as Tier 1 Entrepreneur.

https://www.gov.uk/guidance/immigration ... sed-system

The HO website says that Tier 1 Graduate Entrepreneur cannot settle in the UK, so it is an ineligible category for ILR, same as PSW was.

https://www.gov.uk/tier-1-graduate-entrepreneur-visa
You cannot:

get public funds
work as a doctor or dentist in training
work as a professional sportsperson, for example a sports coach
settle in the UK on this visa
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

User avatar
Zimba
Moderator
Posts: 7233
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Tier 1 Graduate to Tier 1 Entrepreneur - Do I extend after 3 years or apply for ILR

Post by Zimba » Fri Dec 07, 2018 2:58 am

Time spent under Tier 1 Graduate Entrepreneur does NOT count towards the qualifying period for ILR under Tier 1 Entrepreneur.
You must extend your Tier 1E visa
Advice is given based on my personal research and experience only. Do NOT contact me via private messages for advice

Post Reply