Indefinite Leave to Remain Tier 1 Innovator
Indefinite Leave to Remain (Settlement) is the first goal of all immigrants which makes them free of all sorts of immigration control, work or study restrictions, residence restrictions, and also entitles them to take public funds. Here we will discuss about applying for ILR on the basis of having completed the required time period under Tier 1 Innovator visa in compliance with the relevant immigration rules.
What are the requirements for ILR Tier 1 Innovator Visa?
Upon completion of 3 years in the UK under Tier 1 Innovator visa the applicants need to fulfil the following requirement:
- The Endorsement Body needs to confirm that:
(a) The applicant has shown significant achievements, judged against the business plan assessed in their previous endorsement.
(b) The applicant’s business is registered with Companies House and the applicant is listed as a director or member of that business.
(c) The business is active and trading.
(d) The business appears to be sustainable for at least the following 12 months, based on its assets and expected income, weighed against its current and planned expenses.
(e) The applicant has demonstrated an active key role in the day-to-day management and development of the business.
- The applicant’s business venture must meet at least two of the following requirements:
(i) At least £50,000 has been invested into the business and actively spent furthering the business plan assessed in the applicant’s previous endorsement.
(ii) The number of the business’s customers has at least doubled within the most recent 3 years and is currently higher than the mean number of customers for other UK businesses offering comparable main products or services.
(iii) The business has engaged in significant research and development activity and has applied for intellectual property protection in the UK.
(iv) The business has generated a minimum annual gross revenue of £1 million in the last full year covered by its accounts.
(v) The business is generating a minimum annual gross revenue of £500,000 in the last full year covered by its accounts, with at least £100,000 from exporting overseas.
(vi) The business has created the equivalent of at least 10 full-time jobs for resident workers. Each of those jobs must have been maintained for at least 12 months. A 30 hour per week job is considered to be a full time job. Two or more-part time jobs that add up to 30 hours per week may be combined to represent the equivalent of a single fulltime job, as long as each of the jobs has existed for at least 12 months. However, a single full-time job of more than 30 hours of work per week does not count as more than one full-time job.
(vii) The business has created the equivalent of at least 5 full-time jobs for resident workers, which have an average salary of at least £25,000 a year (gross pay, excluding any expenses).
If there are two or more applicants working for one business using the same endorsement of the endorsement body, each one of those applicants would need to fulfil the requirements separately. For example, if the applicants are relying on the creation of jobs then each one would need to provide evidences of two separate 10 jobs i.e. 20 jobs.
- Absences from the UK
The applicants are allowed to have absences of a maximum of 180 days in a 12 month period counted backwards from the date of application. Exceptionally, the home office may also allow absences for more than 180 days in any 12 months period provided the applicant is able to provide evidence that the reason of those absences were because of life threatening illness of the applicant or a close family member or due to natural disaster.
- Koll Requirement
English Language Knowledge for ILR
You can prove English language requirements by having either:
- an English qualification at B1 Level
- a degree taught or researched in English
- national of an English-speaking country
Life in the UK Test for ILR
Another important part of fulfilling the knowledge of language and life requires you to pass the Life in the UK test.
The test is required under the Nationality, Immigration and Asylum Act 2002 and taken in order to test the knowledge of British life and sufficient proficiency in the English language.
Spouse / Civil Partner / Unmarried Partner of the applicant and their children who are already on dependant visas, may also apply for ILR provided they also fulfil relevant criteria.
If the dependants have not completed the required time period then they would need to apply for further leave to remain application while the main applicant may proceed to apply for ILR.
Administrative Review / Judicial Review
Refusal of Indefinite Leave to remain Application
If the Indefinite leave to remain application is refused by the Home office, the applicant is be given a right of administrative review of the decision that must be exercised within 14 days of the date of service of decision. There will not be any general right of appeal against any such decision made by the home office. If the administrative review also fails, the matter then can be taken to the Upper Tribunal by lodging judicial review proceedings.
How our Immigration Solicitors can help you in applying for ILR on the basis of completing three years of residence under Tier 1 Innovator Visa?
Our team of UK Immigration Lawyers can expeditiously deal with ILR Tier 1 Innovator Visa Applications.
Mr Intisar Chauhan, Principal Solicitor at Chauhan Solicitors, is an expert Immigration Solicitor in London who has been dealing with UK Immigration Laws since 2003. Immigration Lawyers at Chauhan Solicitors shall provide you with best possible Immigration advice / consultation and accordingly shall prepare your ILR application under direct supervision of Mr Chauhan. After consultation, if you want us to start preparing your case, you can expect the followings from our Immigration lawyers;
- We are registered with Information Commissioner’s Office (ICO) for data protection that means our client’s information is confidential and safe with Chauhan Solicitors.
- Our Immigration offices are centrally and conveniently located in Wandsworth, south west London (SW17) near Tooting Bec Tube and Tooting Broadway stations on Northern Line, offering our clients easy access to our offices. Our Immigration lawyers are within just 20 minutes away from central London by tube.
- Our existing and former clients believe that we provided them value for money and that they can trust us with their immigration applications to the Home Office, Appeals to the Immigration Tribunals, Judicial Review applications etc. You may find our client’s review in the Testimonial section on our website or on Google.
Our Immigration Lawyers shall discuss your Application for ILR application of the basis of Tier 1 Innovator and advise you on the required documents and procedure.
- Our Immigration Lawyers have teamed up with the best Immigration Barristers in and out of London who are well equipped to advise on any complicated Bail application matters including lodging Judicial review or obtaining injunction orders from the High Court.
- It will be our aim to keep you posted at all material times during pendency of your matter, for this matter our clients can log on our website and keep a close eye to the progress of their immigration matter at any time.
- Our fees are competitive and we charge you in your immigration matters on agreed fee basis.
- We shall never surprise you with hidden charges/fees.
You can contact us at 0203 514 2536 or firstname.lastname@example.org and one of our team members will be in touch with you shortly. Or in emergency we can be contacted at 07817897184.