TIER 1 INVESTOR VISA ILR

The Tier 1 Investor route is closed to new applicants, but existing Tier 1 Investor migrants may still be able to apply for indefinite leave to remain, also known as settlement or ILR.

To qualify for Tier 1 Investor ILR, you will need to satisfy requirements relating to your qualifying investment, length of residence in the UK, absences, knowledge of English and life in the UK, immigration status and suitability. The qualifying period is normally 5 years, but investors who have maintained investments of at least £5 million or £10 million may qualify for accelerated settlement after 3 or 2 years respectively.

The deadline for applying for further leave as a Tier 1 Investor passed on 17 February 2026. Any Tier 1 Investor settlement application must be submitted before 17 February 2028. An application made on 17 February 2028 would therefore be too late.

The rules governing Tier 1 Investor settlement have changed several times. The date of your initial grant, the amount invested, the timing of any increase in your investment and the composition of your portfolio can all affect whether you qualify. It is important to review the complete investment history rather than relying only on the position at the date of application.

1. Can You Still Apply for Tier 1 Investor ILR?

The Tier 1 Investor Route Is Closed to New Applicants

The Tier 1 Investor route closed to new initial applications at 4.00 pm on 17 February 2022. It is no longer possible for a person who has not previously held Tier 1 Investor permission to enter or switch into the route.

The closure of the route did not immediately end the ability of existing Tier 1 Investor migrants to extend their permission or apply for settlement. Transitional provisions allowed qualifying investors to continue towards ILR, subject to final extension and settlement deadlines.

The Extension Deadline Passed on 17 February 2026

Applications for further entry clearance or leave to remain as a Tier 1 Investor had to be made before 17 February 2026. That deadline has now passed. An existing investor can no longer make a new application to extend Tier 1 Investor permission.

This is significant for investors whose current permission will expire before they complete the relevant 2-, 3- or 5-year qualifying period.  If this applies to you, you may need to consider whether another immigration route is available, but time spent under another route cannot be added to time spent as a Tier 1 Investor for the purpose of meeting the Tier 1 Investor settlement period.

The position may require particularly careful analysis where an extension application was submitted before the deadline and remains undecided, or where section 3C leave is engaged.

Settlement Applications Must Be Made Before 17 February 2028

Paragraph 245EF of the Immigration Rules provides that an application for indefinite leave to remain as a Tier 1 Investor must be made before 17 February 2028.

The final date should not be treated as a target. Investors should allow sufficient time to:

• establish the correct qualifying period;
• obtain complete certified portfolio reports;
• investigate any gap, sale or change in the portfolio;
• verify that every underlying company satisfies the current requirements;
• calculate absences;
• obtain source-of-funds evidence where required;
• pass the Life in the UK Test;
• meet the applicable English-language requirement; and
• address any suitability or immigration-history issue.

Where an investor’s immigration permission expires before the settlement deadline, the application must also be timed so that it is submitted while the investor remains lawfully in the UK.

2. Tier 1 Investor ILR Requirements

To qualify for indefinite leave to remain as a Tier 1 Investor, you will generally need to satisfy the Home Office that:

• you do not fall for refusal under Part Suitability and are not an illegal entrant;
• you score the required 75 points under Appendix A;
• you have invested at least £2 million, £5 million or £10 million in qualifying investments;
• you maintained the required investment throughout the relevant qualifying period, subject to the permitted initial investment window;
• you completed the required 5-, 3- or 2-year period with Tier 1 Investor permission;
• you did not exceed the permitted absence limit;
• you meet the knowledge of English and Life in the UK requirements;
• you are not in breach of immigration laws, subject to any applicable exception for overstayers;
• you remained in control of and at liberty to invest the relevant money;
• the money was lawfully acquired and lawfully transferred; and
• where another person provided the money, there is no public-good concern arising from that person’s character, conduct or associations.

These requirements are cumulative. Meeting the investment threshold will not overcome a failure to satisfy the residence, specified-document, knowledge-of-language-and-life or suitability requirements.

The precise requirements and evidence will depend on the date of the initial grant, the nature of the investments and whether the investor increased the investment to qualify for accelerated settlement.

3. How Much Must You Invest for Tier 1 Investor ILR?

Current Tier 1 Investor settlement applications are assessed under Table 9A of Appendix A. The historic £1 million regime in Table 9B applied only to qualifying applications made before 6 April 2022 and is no longer available.

The current investment thresholds and qualifying periods are:

Qualifying Investment	Minimum Qualifying Period
£10 million	2 years
£5 million	3 years
£2 million	5 years

The specified continuous period must have been spent with permission as a Tier 1 Investor. Time under another immigration route cannot be combined with Tier 1 Investor permission to meet the 2-, 3- or 5-year period.

£2 Million Investment: Settlement After 5 Years

An investor who has invested and maintained at least £2 million in qualifying investments may qualify for ILR after a continuous period of 5 years.

The full qualifying amount must normally have been invested within the first 3 months of the investor start date. Investments made before the initial Tier 1 Investor application may count where they were made no earlier than 12 months before that application.

£5 Million Investment: Settlement After 3 Years

An investor who has invested and maintained at least £5 million may qualify for accelerated settlement after 3 years.

It is not enough for the portfolio to reach £5 million shortly before the ILR application. The £5 million qualifying investment must have been maintained for the accelerated qualifying period, subject to the way in which the investor start date is calculated.

£10 Million Investment: Settlement After 2 Years

An investor who has invested and maintained at least £10 million may qualify for accelerated settlement after 2 years.

Accelerated settlement applies only to the principal Tier 1 Investor. A dependant partner will normally need to complete their own 5-year qualifying period before applying for settlement.

How Increasing Your Investment Affects the Qualifying Period

An investor who originally invested £2 million may later increase the portfolio to £5 million or £10 million. However, increasing the investment does not ordinarily allow the investor to count the entire earlier period towards accelerated settlement.

For Table 9A applications, the first day of the qualifying period is generally the later of:

• the date on which the investor first entered the UK with Tier 1 Investor permission, or the relevant date of grant where appropriate; and
• the date 3 months before the full amount relied upon for settlement was invested.

The practical effect is that the accelerated qualifying period may be recalculated by reference to when the full £5 million or £10 million was in qualifying investments.

Additional funds used to increase the investment may also engage separate source-of-funds requirements. Where the additional money had not been held for the required period before it was invested, specified evidence of its source may be required.

4. What Counts as a Qualifying Tier 1 Investor Investment?

The qualifying investment rules are technical. A portfolio managed by a UK financial institution will not necessarily satisfy the Immigration Rules merely because it is described commercially as an investment portfolio.

Current Table 9A applications require the relevant capital to have been invested by way of qualifying share capital or loan capital in active and trading UK-registered companies. Limited historic reliance on UK Government bonds has now ended for current settlement applications.

Share Capital and Loan Capital

Qualifying investments may consist of share capital or loan capital in companies that satisfy the active-and-trading-company definition.

Where the investment is made as loan capital, the supporting evidence must include appropriate company accounts. The portfolio reports must also identify the investment, its value, the investment date and its destination.

The legal and financial structure of an investment should be examined carefully. A product described as a bond, note, fund or loan may not necessarily amount to qualifying loan capital for immigration purposes.

What Is an Active and Trading UK-Registered Company?

For settlement applications made on or after 6 April 2025, an active and trading UK-registered company must:

• be registered with Companies House in the UK;
• be registered with HM Revenue and Customs for corporation tax and PAYE;
• have accounts and a UK business bank account showing regular trading in its own goods or services; and
• have at least two UK-based employees who are not directors.

This current definition applies to Tier 1 Investor settlement applications made now, including applications by investors whose initial Tier 1 Investor permission was granted before 29 March 2019.

Investment managers and applicants should not assume that a company which qualified under an earlier version of the Rules will necessarily satisfy the definition in force at the settlement stage.

UK Government Bonds and the 6 April 2025 Cut-Off

Investors whose initial Tier 1 Investor grant was made on or after 29 March 2019 have never been permitted to rely on UK Government bonds as qualifying investments.

For investors whose initial grant was made before 29 March 2019, no points are awarded in a current settlement application for investments that were held in UK Government bonds on or after 6 April 2025. The former deadline for moving investments out of gilts has passed.

Where a portfolio contained UK Government bonds on or after 6 April 2025, it will be necessary to establish whether the investor continued to maintain the required amount in other qualifying investments. Any gap may affect the qualifying period or prevent the applicant from obtaining the required points.

Property, Deposits and Other Excluded Investments

Qualifying investment does not include investment in:

• companies mainly engaged in property investment, property management or property development;
• ordinary deposits with banks, building societies or other deposit-taking businesses;
• Individual Savings Accounts;
• premium bonds;
• National Savings and Investments savings certificates;
• leveraged investment funds, subject to limited historic exceptions;
• open-ended investment companies;
• investment trust companies;
• investment syndicate companies; or
• most pooled investment vehicles.

The property-company exclusion is directed at businesses whose returns are mainly generated through the ownership, management, development, rental or resale of property. The principle is that qualifying business income should be generated through the supply of goods or services rather than through property appreciation or rental income.

An investment in a company which owns premises for the purpose of carrying on its substantive trading activities will not necessarily be excluded. The company’s main activities and the economic substance of its business will need to be considered.

Investments Made Through Intermediary Vehicles

Where funds are invested through an intermediary vehicle, the Home Office looks to the destination at which the money is ultimately invested. Investment in the intermediary itself will not generally be treated as the qualifying investment.

The final destination must be a qualifying investment. For current ILR applications, any intermediary vehicle must also meet the applicable UK location and Financial Conduct Authority regulation requirements. Evidence must trace the funds through every intermediary in the chain and into the final investment destination.

These provisions can create difficulties where a portfolio contains private funds, feeder structures, nominee arrangements or multi-layer investment vehicles. The legal structure and money trail should be reviewed before the settlement application is prepared.

5. Maintaining the Required Investment

It is not sufficient to show that the relevant amount was invested at the beginning and end of the qualifying period. The applicant must demonstrate that the qualifying investment was maintained throughout the required period.

For a Table 9A application, the investor must have purchased a portfolio of qualifying investments for at least £2 million, £5 million or £10 million, as applicable. The assessment is based primarily on the purchase price of the investments rather than their subsequent market value.

Selling and Reinvesting Qualifying Investments

An investor is permitted to sell investments during the qualifying period. However, where any qualifying investment is sold, whether at a gain or a loss, the gross proceeds must be reinvested in qualifying investments:

• before the end of the next reporting period; or
• within 6 months of completion of the sale,

whichever is sooner.

The reinvestment requirement applies to the gross proceeds, not merely the investor’s net profit or the amount remaining after costs and tax.

A detailed review should be carried out where the portfolio reports show disposals, cash balances, delayed settlement, corporate actions, redemptions or periods during which proceeds remained uninvested.

Portfolio Losses and the Purchase-Price Test

Under Table 9A, a fall in the market value of an investment will not ordinarily require the investor to contribute additional capital, provided the qualifying investments remain held and the required purchase-price value is maintained.

However, selling an investment crystallises the requirement to reinvest the gross proceeds within the permitted period. A portfolio may therefore comply despite an unrealised market loss but become non-compliant if an investment is sold and the proceeds are not reinvested correctly.

Interest and Dividends

An investor may withdraw interest accrued and dividends declared after the date on which the qualifying investments were purchased.

Interest or dividends should be clearly distinguishable from the capital amount relied upon for points. The portfolio records should demonstrate that any withdrawals did not reduce the qualifying capital below the required investment threshold.

Internal link: UK Investor Visa: Interest and Dividends, Fees, Transaction Costs and Tax

Fees, Transaction Costs and Tax

Portfolio-management fees, transaction costs and tax incurred through buying and selling investments cannot be paid out of the minimum investment funds relied upon for points.

Where an investor placed more than the required amount into qualifying investments, those expenses may be paid from the surplus, provided the surplus was invested at or before the time the costs were incurred. A later payment into the portfolio cannot retrospectively repair an earlier deduction from the protected investment capital.

6. Documents Required for a Tier 1 Investor ILR Application

The Tier 1 Investor route contains specified evidential requirements. A document that broadly supports the application may still be insufficient if it is not in the required form or does not contain the required information.

The precise document list will depend on the portfolio, the investment structure, the timing of the investments and whether the applicant is relying on accelerated settlement.

Certified Investment Portfolio Reports

The applicant must normally provide a series of investment portfolio reports certified as correct by a UK-regulated financial institution.

The reports must:

• cover the required investment period;
• begin no later than the end of the permitted initial 3-month investment period;
• continue to the last reporting date immediately before the application;
• show the price paid for each investment;
• demonstrate that the purchase prices totalled at least the required amount throughout the period;
• certify that the investment was maintained in accordance with the Rules;
• show the dates on which investments were made; and
• identify the destination of each investment.

The reports should be checked against transaction records, statements and supporting corporate documents. Gaps between reporting periods, unexplained cash holdings or inconsistent descriptions may require clarification.

Evidence for Loan-Capital Investments

Where qualifying investments were made as loan capital, the portfolio reports must be accompanied by audited accounts or unaudited accounts with an accounts compilation report for the relevant company.

The accounts must provide full details of the investor’s investment. The accountant must hold an appropriate practising certificate or licence and be a member of an accepted professional body.

It may also be necessary to provide the underlying loan agreement and evidence showing how the loan was funded and recorded.

Evidence of the Investment Date and Investor Start Date

The application must establish when the qualifying period began. Depending on the circumstances, relevant evidence may include:

• the initial grant decision;
• the passport or travel document used to enter the UK;
• evidence of the date of first entry;
• boarding passes or travel records;
• portfolio reports showing when the full qualifying amount was invested; and
• documents establishing that any pre-application investment was made no more than 12 months before the initial Tier 1 Investor application.

Where the applicant relies on the date of entry rather than the date of grant, evidence of the actual date of entry should be provided.

Evidence of Source, Ownership and Control of Funds

Source-of-funds evidence is particularly important where:

• the investor increased the portfolio to qualify for accelerated settlement;
• additional funds had not been held for the required period before investment;
• money was provided by a spouse, partner or another person;
• the funds came from a gift, sale of property or business, inheritance, divorce settlement, award or other one-off source;
• funds passed through several accounts or jurisdictions; or
• there is any inconsistency between the investment evidence and the applicant’s wider financial history.

Depending on the source, evidence may include bank records, sale agreements, corporate accounts, probate documents, court orders, gift documents and letters from regulated legal or financial professionals.

The evidence should establish the amount received, the date of receipt, the source of the money and the identity of its lawful recipient. The Home Office may seek to verify supporting documents with the issuing organisation.

Residence, Absence and Identity Documents

The application will also normally require:

• a current passport or other accepted identity document;
• details of the applicant’s immigration history;
• a complete schedule of absences from the UK;
• supporting evidence for any absence said to fall within an exception;
• evidence that the English-language requirement is met or that an exemption applies;
• the Life in the UK Test reference; and
• documents relating to any dependant applying at the same time.

The application form will generate a document checklist, but the checklist should not be treated as a substitute for reviewing the requirements in the Immigration Rules and Appendix A.

7. Tier 1 Investor ILR Residence and Absence Requirements

A Tier 1 Investor must complete a continuous period of 2, 3 or 5 years, depending on the amount invested.

The specified period must have been spent with Tier 1 Investor permission. Time spent under another visa category cannot be combined with Tier 1 Investor leave to make up the required period.

The 180-Day Rule

An applicant must not normally have been outside the UK for more than 180 days in any 12-month period during the qualifying period.

Only whole days of absence are counted. Part days of less than 24 hours are not treated as days of absence. In practical terms, the days on which a person departed from and returned to the UK will not normally be counted as whole days outside the UK.

The applicant should prepare an accurate travel schedule and reconcile it against passports, travel bookings and any available immigration records. Approximate or incomplete absence information may result in requests for clarification.

Permitted Exceptions for Certain Absences

Certain absences can be disregarded when applying the 180-day limit. These include absences caused by:

• assisting with a national or international humanitarian or environmental crisis;
• travel disruption due to natural disaster, military conflict or pandemic; and
• compelling and compassionate personal circumstances, such as the applicant’s life-threatening illness or the life-threatening illness or death of a close family member.

These are defined exceptions rather than a general discretion to overlook excessive absences. The applicant should provide evidence of the circumstances, dates and causal connection between the event and the period spent outside the UK.

Ordinary business travel, work commitments and personal preference do not, without more, fall within these exceptions.

Permission Granted Before 11 January 2018

Different absence-calculation methods apply depending on when the relevant permission was granted.

For absences during periods of permission granted under the Rules in force before 11 January 2018, the applicant must not have been outside the UK for more than 180 days during each consecutive 12-month period ending on the same date as the current application.

For permission granted under the Rules in force from 11 January 2018, absences are assessed using a rolling 12-month period.

An investor whose qualifying period spans both systems may therefore need the absences to be calculated under two different methods.

Calculating the Start of the Qualifying Period

The continuous-residence qualifying period is calculated by counting back from whichever permitted date is most beneficial to the applicant. This may be:

• the date of application;
• a date up to 28 days after the application date; or
• the date of decision.

The Tier 1 Investor investment requirements also contain a separate rule for identifying the beginning of the specified period. This is generally the later of the relevant entry or grant date and the date 3 months before the full qualifying amount was invested.

Both calculations should be considered together when deciding the correct application date.

Delayed Entry to the UK

Time between the grant of entry clearance and the applicant’s first arrival in the UK may count as lawful residence on the route, but the period before arrival is treated as absence from the UK.

A substantial delay in entering the UK can therefore cause the applicant to exceed the 180-day limit even though the qualifying period began on the date of grant.

In some cases it may be more advantageous to calculate the qualifying period from a later date.

Time in the Channel Islands or Isle of Man

Time spent lawfully in the Channel Islands or Isle of Man in an equivalent route may be treated as time spent in the UK, provided the applicant’s most recent grant of permission was in the UK on the relevant route.

The corresponding absences must still satisfy the continuous-residence requirements.

Can Time Under Another Visa Count?

No. A person applying for Tier 1 Investor ILR cannot combine Tier 1 Investor leave with leave under another immigration category to complete the 2-, 3- or 5-year qualifying period.

This differs from some other settlement routes, which allow qualifying periods to be made up from a combination of specified immigration categories.

8. English Language and Life in the UK Requirements

A Tier 1 Investor applying for settlement must satisfy the knowledge of English and Life in the UK requirements in Appendix KoLL, unless an exemption applies.

Applications Made Before 26 March 2027: B1 English

For an application made before 26 March 2027, the applicant must generally demonstrate English speaking and listening ability at level B1 of the Common European Framework of Reference for Languages.

The requirement may be met through an approved Secure English Language Test, an accepted nationality, an eligible academic qualification or another method permitted by Appendix KoLL.

Applications Made on or After 26 March 2027: B2 English

For applications made on or after 26 March 2027, the English-language threshold will generally increase from B1 to B2 in speaking and listening.

This change is particularly important for Tier 1 Investors because the route remains open for settlement applications until February 2028. An investor who could satisfy B1 but may have difficulty meeting B2 should consider the application timetable carefully, while ensuring that no application is submitted before all other settlement requirements have been met.

Life in the UK Test

Unless exempt, the applicant must pass the Life in the UK Test.

The test should be taken sufficiently in advance of the application to allow any necessary retake. The applicant will need to provide the required test reference or verification details with the settlement application.

Age and Medical Exemptions

An applicant will generally be exempt from the English-language requirement if they are:

• under 18;
• aged 65 or over; or
• unable to meet the requirement because of a relevant physical or mental condition.

Appendix KoLL also contains exemptions from the wider knowledge-of-language-and-life requirement. Any medical exemption should be supported by evidence addressing why the condition prevents the applicant from satisfying the requirement.

9. Suitability, Lawful Funds and Home Office Scrutiny

Tier 1 Investor settlement is not determined solely by the amount and duration of the investment.

The applicant must not fall for refusal under Part Suitability, must not be an illegal entrant and must not be in breach of immigration laws, subject to any applicable exception for overstayers.

Part Suitability

Part Suitability may engage issues such as criminality, deception, false representations, adverse immigration history and conduct affecting the public good.

All relevant matters should be disclosed accurately. A failure to disclose a material fact may create a separate suitability problem even where the underlying matter would not, by itself, have led to refusal.

Lawful Acquisition and Transfer of Investment Funds

The Secretary of State must not have reasonable grounds to believe that the money relied upon:

• was acquired through conduct that is unlawful in the UK or would be unlawful if it occurred in the UK; or
• was transferred internationally by unlawful means in any country involved.

The Home Office can consider the broader origin and movement of the funds even if points were awarded in an earlier Tier 1 Investor application.

A previous approval does not prevent the Home Office from reconsidering whether the applicant was genuinely in control of the money or whether it was lawfully acquired and transferred.

Money Provided by a Partner or Third Party

Where another person made the investment money available, the Home Office may consider:

• the lawful source of the money;
• the legality of its transfer;
• whether the applicant was free to invest it;
• the relationship between the applicant and the provider; and
• whether the provider’s character, conduct or associations raise public-good concerns.

Third-party funds should be supported by a clear documentary chain showing how the money moved from its original source into the qualifying investment portfolio.

Verification, Interviews and Requests for Further Evidence

The Home Office may verify documents with banks, investment managers, accountants, companies or other issuing organisations. Documents from a financial institution may be rejected where satisfactory verification checks cannot be completed.

An application may take longer where supporting documents need to be verified, an interview is required or the applicant’s personal circumstances require further consideration.

Although the Rules contain limited provisions allowing a caseworker to request missing or corrected specified evidence, applicants should not assume that they will be invited to repair an incomplete application. The application should satisfy the Rules and evidential requirements when submitted.

10. When and How to Apply for Tier 1 Investor ILR

Applying Up to 28 Days Before the Qualifying Period

The earliest an investor should normally apply is 28 days before completing the required qualifying period. An application submitted earlier may be refused.

The correct application date should be calculated by reference to:

• the applicable 2-, 3- or 5-year period;
• when the full qualifying amount was invested;
• the investor start date;
• any delayed entry;
• absences;
• the expiry date of current permission;
• the applicable English-language threshold; and
• the final deadline before 17 February 2028.

Applying Online From Inside the UK

A Tier 1 Investor settlement application is made online using form SETO. The application is an in-country settlement application and cannot be made from outside the UK.

The applicant must pay the application fee and provide the required supporting documents and biometric information.

Biometric Information and Document Upload

After submitting the online application, the applicant will normally be asked to attend a UK Visa and Citizenship Application Services appointment to provide fingerprints and a photograph.

Supporting documents can ordinarily be uploaded through the online service or scanned at the UKVCAS appointment.

The investment evidence should be finalised before submission wherever possible. Waiting until the biometric appointment to identify missing portfolio periods or corporate evidence can place the application at unnecessary risk.

Travel While the Application Is Pending

The applicant must not travel outside the UK, Ireland, the Channel Islands or the Isle of Man while the settlement application is pending. Leaving the Common Travel Area before a decision is made will result in the application being treated as withdrawn.

Travel plans should therefore be taken into account when selecting the application date and processing service.

11. Tier 1 Investor ILR Fees and Processing Times

The current Home Office fees and service standards as at 31 July 2026 are:

Service	Home Office Fee	Published Decision Time
Standard ILR application	£3,226 per applicant	Usually within 6 months of providing biometrics
Priority service	Additional £500	Usually within 5 working days
Super priority service	Additional £1,000	Usually by the end of the next working day following a weekday biometric appointment, or within 2 working days following a weekend appointment

Each dependant applying for settlement must pay the settlement application fee. There is currently no separate fee for providing biometric information. Priority services are subject to availability.

Published processing times are service standards rather than guarantees. An application may take longer where:

• documents need to be verified;
• the applicant is asked to attend an interview;
• criminality or another suitability matter requires consideration; or
• the application is otherwise complex.

Fees and processing arrangements can change. The current GOV.UK position should be checked immediately before submission.

12. Can Tier 1 Investor Dependants Apply for ILR?

Eligible partners and children may apply for settlement with the Tier 1 Investor or separately at a later date.

A dependant who is not yet eligible for settlement may generally continue to extend their permission as a Tier 1 dependant after the principal investor obtains ILR, subject to the applicable requirements.

Settlement for Dependant Partners

A dependant partner will normally need to demonstrate that:

• they have permission as the Tier 1 Investor’s dependant partner;
• they have lived in the UK as the investor’s dependant for at least 5 continuous years;
• the relationship is genuine and subsisting;
• the couple intend to continue living together;
• the maintenance requirements are met; and
• they satisfy the English-language and Life in the UK requirements.

Time spent as the investor’s dependant under another eligible visa may sometimes count. Time spent in the UK under the partner’s own independent immigration route does not count towards the dependant-partner qualifying period.

Why Accelerated Settlement Does Not Normally Apply to Partners

The 2- and 3-year accelerated settlement provisions apply to the principal Tier 1 Investor by reference to the level of qualifying investment.

They do not reduce a dependant partner’s normal 5-year qualifying period. An investor may therefore obtain ILR before their partner becomes eligible.

Settlement for Dependant Children

A dependant child may qualify where, among other requirements:

• they hold permission as the investor’s dependant child;
• they are not married or in a civil partnership;
• they are not living an independent life;
• they will continue to be supported without recourse to public funds; and
• both parents are applying for or already hold settlement, unless an applicable exception applies.

Exceptions may apply where one parent is the sole surviving parent, has sole responsibility for the child or there are serious and compelling family or other considerations.

Children aged 18 or over must generally have first obtained dependant permission while under 18 and must not have formed an independent life. Adult children will also normally need to meet the English-language and Life in the UK requirements.

Applying Separately After the Main Investor Settles

A partner or child who is not eligible at the same time as the investor may apply later. Their immigration permission should be extended before it expires.

The family’s application strategy should be considered before the investor applies for ILR, particularly where dependants have different qualifying dates or extensive absences.

13. What If a Tier 1 Investor ILR Application Is Refused?

A Tier 1 Investor ILR application must be refused if the requirements of paragraph 245EF are not met or a relevant suitability ground applies.

Common issues include:

• failure to maintain the required qualifying investment;
• reliance on an excluded investment;
• an underlying company not meeting the active-and-trading definition;
• inadequate portfolio reports;
• failure to reinvest sale proceeds within the permitted period;
• insufficient source-of-funds evidence;
• excessive absences;
• applying before the qualifying period is complete;
• failure to meet the English or Life in the UK requirement; and
• suitability or immigration-history concerns.

The refusal decision should be reviewed immediately to identify:

• whether the Home Office applied the correct version of the Rules;
• whether the decision contains a factual or caseworking error;
• whether an administrative review or other statutory remedy is available;
• whether a fresh application can be made;
• whether judicial review should be considered; and
• how the applicant’s current immigration status is affected.

Administrative review is concerned with whether an eligible decision was wrong because of a caseworking error. It is not ordinarily an opportunity to rebuild the application with evidence that should have been submitted initially.

A fresh application may be possible in an appropriate case, but the remaining period of lawful permission and the final deadline before 17 February 2028 must be considered. Where that deadline has passed, a defective application may no longer be capable of being corrected through a fresh Tier 1 Investor settlement application.

Judicial review may be appropriate where the Home Office has acted unlawfully and there is no adequate alternative remedy. Specialist advice should be obtained promptly because strict time limits apply.

14. Frequently Asked Questions: Tier 1 Investor ILR

Can I Still Apply for Tier 1 Investor ILR?

You may still apply if you are an existing Tier 1 Investor migrant and can meet all the settlement requirements. The route is closed to new initial applicants, and the extension deadline has passed, but qualifying settlement applications can still be submitted before the final deadline.

What Is the Final Tier 1 Investor Settlement Deadline?

A Tier 1 Investor ILR application must be made before 17 February 2028. This means that an application submitted on 17 February 2028 would be too late. Investors should apply considerably earlier where possible, while ensuring that the qualifying period has been completed.

Can I Extend My Tier 1 Investor Visa Now?

No new Tier 1 Investor extension application can be made now. Applications for further Tier 1 Investor leave had to be submitted before 17 February 2026. Investors whose permission will expire before they qualify for settlement should obtain advice on their immigration options.

How Much Must I Invest to Qualify for Settlement?

You must currently rely on qualifying investments of at least £2 million for settlement after 5 years, £5 million for settlement after 3 years or £10 million for settlement after 2 years. The historic £1 million settlement regime is no longer available.

Can UK Government Bonds Still Count?

No points will be awarded in a current ILR application for UK Government bonds where the initial Tier 1 Investor grant was made on or after 29 March 2019. For earlier investors, bonds held on or after 6 April 2025 no longer qualify.

Can I Apply for Tier 1 Investor ILR From Outside the UK?

No. Tier 1 Investor settlement is an in-country application made online using form SETO. The applicant should remain within the Common Travel Area after applying because leaving it before a decision is made will cause the application to be treated as withdrawn.

How Many Days Can I Spend Outside the UK?

You must not normally have been outside the UK for more than 180 days in any 12-month period during the qualifying period. Defined exceptions apply to certain humanitarian, travel-disruption and compelling compassionate circumstances.

What English-Language Level Must I Meet?

For an application made before 26 March 2027, the usual requirement is B1 speaking and listening. For an application made on or after 26 March 2027, the usual requirement will be B2. Exemptions apply in certain circumstances, including age and relevant medical conditions.

Can My Partner Obtain Accelerated Settlement With Me?

Not normally. The 2- and 3-year accelerated settlement provisions apply to the principal investor. A dependant partner will usually need to complete 5 continuous years in the UK as a dependant before qualifying for ILR.

How Long Does a Tier 1 Investor ILR Application Take?

The standard service usually provides a decision within 6 months of biometrics. Subject to availability, the priority service has a 5-working-day target and the super priority service normally provides a decision by the end of the next working day, or within 2 working days after a weekend biometric appointment.