Indefinite leave to remain (ILR), also known as settlement, allows the holder to have permanent residency in the UK. Those on a Tier 1 Investor Visa are eligible to apply for ILR after having lived in the UK for two, three, or five years, providing they meet the relevant requirements. Although the route is closed for new applicants, those already on the route can apply for ILR until 17 February 2028.
ILR: Tier 1 Investor visa granted before 6 November 2014
In order to successfully apply for ILR, Tier 1 Investor visa holders who have had leave granted before 6 November 2014 must meet the following requirements:
- they have no less than £1 million in the UK which is their own and under their control;
- they have invested no less than 75% of their capital in qualifying investments (UK government bonds, share or loan capital in active and trading companies registered in the UK);
- they have invested the remaining balance of their £1 million in specified ways;
- the investment was made no earlier than 12 months prior to the date of application which led to the first grant of leave;
- the amount invested must have been maintained for the whole of the remaining period of leave;
- they have not spent more than 180 days in any 12-month period outside of the UK; and
- they have sufficient knowledge of English language and Life in the UK.
The deadline for those who were initially granted their investor visa prior to 6 November 2014 to apply for ILR under the above requirements was 6 April 2022. Those applying for ILR after 6 April 2022, but before 6 April 2025, will need to have invested £2 million for five years by way of share capital or loan capital in the UK. Investments made into UK government bonds must be moved into qualifying investments before 6 April 2025.
ILR: Tier 1 Investor visa granted between 6 November 2014 and 28 March 2019
If a person was granted a Tier 1 Investor visa between 6 November 2014 and 28 March 2019, they will need to meet the following requirements for a successful grant of ILR:
- they have no less than £2 million in the UK which is their own and under their control;
- they have invested no less than £2 million in the UK (UK government bonds, share or loan capital in active and trading companies registered in the UK);
- they invested the money within three months of their specified date (date of entry clearance as a Tier 1 investor or leave to remain as a Tier 1 investor);
- the investment has been maintained for the whole of the remaining period of leave;
- they have not spent more than 180 days in any 12-month period outside of the UK; and
- they have sufficient knowledge of English language and Life in the UK.
Individuals who invested in UK Government bonds must submit their ILR application prior to 6 April 2025. Alternatively, they may be able to submit an ILR application after 6 April 2025 but all qualifying investments will need to be moved from UK Government bonds into other qualifying investments before 6 April 2025.
ILR: Tier 1 Investor visa granted on or after 29 March 2019
If a person was granted a Tier 1 Investor visa on or after 29 March 2019, they will need to meet the following requirements for a successful grant of ILR:
- they have no less than £2 million in the UK which is their own and under their control;
- they have invested no less than £2 million in the UK (share or loan capital in active and trading companies registered in the UK);
- they invested the money within three months of their specified date (date of entry clearance as a Tier 1 investor or leave to remain as a Tier 1 investor);
- the investment has been maintained for the whole of the remaining period of leave;
- they have not spent more than 180 days in any 12-month period outside of the UK; and
- they have sufficient knowledge of English language and Life in the UK.
All remaining applications for ILR from individuals on the Tier 1 Investor route will need to be made by 17 February 2028.
Accelerated Indefinite Leave to Remain
Following five years continuous residence as a Tier 1 Investor, individuals will be able to apply for ILR. This route may be accelerated by the following:
- two years continuous residence having maintained an investment of at least £10 million; or
- three years continuous residence having maintained an investment of at least £5 million.
ILR applications can be submitted 28 days before reaching the date of the relevant qualifying period.
Absences from the UK
Applicants must not have been absent from the UK for more than 180 days in any 12-month period during their qualifying two, three, or five year period.
For absences during periods of leave granted from 11 January 2018 onwards, the Home Office will calculate 180 days on a rolling 12-month period.
How our immigration solicitors can help
The Home Office will carefully scrutinise an ILR application made by an applicant on the Tier 1 Investor route.
If the decision maker does not consider that the applicant has the funds under their control, or if it considers that any of the other requirements have not been met, the application will fall for refusal. It is therefore essential that the application is prepared thoroughly and carefully.
We are experienced in preparing ILR Tier 1 Investor visa applications to ensure a successful outcome and will provide expert guidance and assistance to you throughout the process.
If you are in need of advice, or just to wish to discuss your matter on a no-obligation basis, please contact us or complete the enquiry form below.
