Securing Indefinite Leave to Remain under the Tier 1 (Entrepreneur) Visa

Our client, an entrepreneur from the Middle East, sought Indefinite Leave to Remain (ILR) in the UK under the Tier 1 (Entrepreneur) visa route. The application also included two dependent children. The client has been operating a business in the UK and was last granted Further Leave to Remain.

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The application presented two main complexities:

• Sole Responsibility & Dependent Care: While the client’s family is intact, the spouse remains abroad due to business commitments and did not apply for ILR. This required us to establish that the client has sole responsibility for the children’s care in the UK and to address potential concerns about the family’s marital situation.
• Employment creation requirement: The client’s business did not employ two full-time settled workers continuously for 12 months, as required under the immigration rules. Instead, several part-time employees’ hours were combined to meet the equivalent of two full-time roles (30 hours per week). This unconventional approach required detailed evidence and justification.

To ensure a successful outcome, we carefully analysed the client’s circumstances and structured a robust application addressing both challenges:

The Home Office approved the client’s ILR application, including those of the dependent children. The client is now settled in the UK and continues to successfully operate their business.

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This case highlights the importance of presenting creative yet compliant solutions when addressing complex immigration requirements, such as sole responsibility for dependents and unconventional employment structures.