Tier 1 migrants – upcoming deadlines

Whilst the Tier 1 (Investor) and Tier 1 (Entrepreneur) routes are closed to new applicants, many migrants already holding immigration permission in these categories will need to take action before the relevant deadlines to maintain their immigration permission in the UK.

Tier 1 (Investor)
Tier 1 (Investors) who were first granted immigration permission in this route before 29 March 2019 and still hold investments in UK Government bonds may need to urgently change their investments to ensure they can remain in this immigration category in future. The key deadlines are:

• 5 April 2023 – Investors submitting extension applications after this date will not be able to rely on investments held in UK Government bonds after 5 April 2023 to meet eligibility criteria
• 5 April 2025 – Investors applying for settlement (indefinite leave to remain) after this date will not be able to rely on investments that are held in UK Government bonds after 5 April 2025
• 16 February 2026 – final deadline for all extension applications
• 16 February 2028 – final deadline for all settlement applications

This means that those seeking to extend their immigration permission between 6 April 2023 and 16 February 2026 must move their funds out of UK Government bonds and into qualifying investments in active, trading UK-registered companies no later than 5 April 2023.

Although Investors applying for settlement by 5 April 2025 can continue to rely on investments in UK Government bonds until 5 April 2025, in the event that they are unable to apply for settlement or their application is refused and they wish to then submit an extension application instead, they cannot do so if their investments have continued to be held in UK Government bonds after 5 April 2023. Therefore, as a precaution, all Tier 1 (Investors) should consider changing their investments in UK Government bonds to alternative qualifying investments by 5 April 2023.

Tier 1 (Entrepreneur)
The Tier 1 (Entrepreneur) category will imminently close for most extension applications. The main deadlines to be aware of are:

• 5 April 2023 – final deadline for extension applications (or 5 July 2025 for those who previously held leave as a Tier 1 (Graduate Entrepreneur))
• 5 April 2025 – final deadline for settlement applications (or 5 July 2027 for those who previously held leave as a Tier 1 (Graduate Entrepreneur)

Entrepreneurs who are not eligible to apply for settlement between 6 April 2023 and 5 April 2025 (eg due to excess absences) will no longer have the alternative of applying for an extension and will be required to apply in a different immigration category if they wish to remain in the UK. Applicants who are concerned about their ability to meet the settlement requirements may wish to consider applying for a further extension by the 5 April 2023 deadline (even where the individual still holds valid leave well beyond that date) to secure a further two years’ immigration permission in this route. Alternatively, some Entrepreneurs may also wish to consider options to switch to a different immigration category at an earlier stage.