Q&As

Where an application for indefinite leave to remain under the Tier 1 (Entrepreneur) route is refused but the requirements to be granted an extension of stay are met, is there a provision in the Rules or elsewhere that means that the applicant should be granted limited leave to remain?

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Published on LexisPSL on 18/12/2019

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where an application for indefinite leave to remain under the Tier 1 (Entrepreneur) route is refused but the requirements to be granted an extension of stay are met, is there a provision in the Rules or elsewhere that means that the applicant should be granted limited leave to remain?

Where an application for indefinite leave to remain under the Tier 1 (Entrepreneur) route is refused but the requirements to be granted an extension of stay are met, is there a provision in the Rules or elsewhere that means that the applicant should be granted limited leave to remain?

A Tier 1 (Entrepreneur) migrant (the applicant) may apply for indefinite leave to remain subject to meeting the eligibility criteria listed in the Immigration Rules, Part 6A, para 245DF. The Home Office will continue to accept applications for indefinite leave to remain until:

  1. 5 April 2025 for Tier 1 (Entrepreneur) migrants, and

  2. 5 July 2027 for those switching from the Tier 1 (Graduate Entrepreneur) category

For a summary of the eligibility requirements for indefinite leave to remain, see Practice Note: Tier 1 (Entrepreneur)—summary and resources.

When making an application for leave to remain, an application must be ‘valid’. See Practice Note: Procedure for applying online in the UK. The requirements for a valid application are set out in the Immigration Rules, Part 1, para 34. Para 34(1) states:

‘(1) (a) Subject to paragraph 34(1)(c), the application must be made on an application form which is specified for the immigration category under which the applicant is applying on the date on which the application is made.

(b) An application form is specified when it is posted on the visa and immigration

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