Details of Paragraph 245DF of the Immigration Rules, Part 6A: the Points-Based System (PBS) Home Office, UK Government. Published on 29 February 2016 Updated on 02 May 2017.
Tier 1 Entrepreneur Visa Indefinite Leave to Remain in the UK
The requirements for ILR in the UK as a Tier 1 Entrepreneur are covered under Paragraph 245DF(a) to 245DF(k) of the Immigration Rules, the details of which are as under:
245DF. Requirements for Indefinite Leave to Remain
To qualify for indefinite leave to remain as a Tier 1 (Entrepreneur) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) The applicant must have a minimum of 75 points under paragraphs 35 to 53 of Appendix A.
(d) The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL.
(e) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Tier 1 Genuine Entrepreneur Test
(f) The Secretary of State must be satisfied that:
- (i) the applicant has established, taken over or become a director of one or more genuine businesses in the UK, and has genuinely operated that business or businesses while he had leave as a Tier 1 (Entrepreneur) Migrant; and
- (ii) the applicant has genuinely invested the money referred to in Table 6 of Appendix A into one or more businesses in the UK to be spent for the purpose of that business or businesses; and
- (iii) the applicant genuinely intends to continue operating one or more businesses in the UK.
Assessment of Tier 1 Entreprneur Application
(g) In making the assessment in (f), the Secretary of State will assess the balance of probabilities. The Secretary of State may take into account the following factors:
- (i) the evidence the applicant has submitted;
- (ii) the viability and credibility of the source of the money referred to in Table 6 of Appendix A;
- (iii) the credibility of the financial accounts of the business or businesses;
- (iv) the credibility of the applicant’s business activity in the UK, including when he had leave as a Tier 1 (Entrepreneur) Migrant;
- (v) the credibility of the job creation for which the applicant is claiming points in Table 6 of Appendix A;
- (vii) if the nature of the business requires mandatory accreditation, registration and/or insurance, whether that accreditation, registration and/or insurance has been obtained; and
- (viii) any other relevant information.
(h) The Secretary of State reserves the right to request additional information and evidence to support the assessment in (f), and to refuse the application if the information or evidence is not provided. Any requested documents must be received by the Secretary of State at the address specified in the request within 28 calendar days of the date of the request.
(i) If the Secretary of State is not satisfied with the genuineness of the application in relation to a points-scoring requirement in Appendix A, those points will not be awarded.
(j) The Secretary of State may decide not to carry out the assessment in (f) if the application already falls for refusal on other grounds, but reserves the right to carry out this assessment in any reconsideration of the decision.
Tier 1 Entrepreneur Visa Interview
(k) The applicant must, unless he provides a reasonable explanation, comply with any request made by the Secretary of State to attend for interview.
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Related: Immigration Rules part 6A