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ARTICLE · 29 NOVEMBER 2021

Tier 1 Entrepreneur ILR, Covid & Continuous Residence

Richmond Chambers Immigration Barristers
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In accordance with the current Immigration Rules and the Entrepreneur Guidance, entrepreneurs are unable to settle as Tier 1 Entrepreneurs in the five year route if the Covid pandemic has made them be out of the UK for more than 180 days in a 12 month period.

United KingdomImmigration
Catherine Taroni
Catherine Taroni

In accordance with the current Immigration Rules and the Entrepreneur Guidance, entrepreneurs are unable to settle as Tier 1 Entrepreneurs in the five year route if the Covid pandemic has made them be out of the UK for more than 180 days in a 12 month period. This is taking into account the deadline for entrepreneurs to extend their leave and apply to settle by April 2025 at latest.

The full requirements for ILR as an entrepreneur are discussed here and here.

This article only considers the continuous residence requirement.

Tier 1 Entrepreneur Continuous Residence Requirement Rules

In this regard, the relevant Immigration Rules are Paragraph 245AAA:

(a) References to a "continuous period" "lawfully in the UK" means, subject to paragraph (e), residence in the UK for an unbroken period with valid leave, and for these purposes a period shall be considered unbroken where:

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