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grreg wrote:My T1 Entrepreneur visa was granted Jun-2012.
We have spent extensive time outside the country since then, and have just arrived back here and will be in the country far more from now on. This means I will not qualify for ILR until 2019 (due to the number of days spent outside the UK), which is when I can demonstrate 5 years with less than 180 days outside the UK.
I will apply to extend my visa in Jun-2015, so my extension will be valid until Jun-2017 (or later).
Here is my question.
If I get to Mar-2017 and can demonstrate I have created 10 new full time jobs - can I apply for ILR using the 3 year accelerated route given that I will no longer be on the initial visa, but rather on an extension visa?
As far as I can see the ILR immigration rules provide no clarity on this. For me it means I can apply for ILR in Mar 2017, rather than Jun-2019. That is a huge benefit for me.
Please share your thoughts and comments.
grreg wrote:Days in the country is not relevant for the extension. I asked my lawyer this same question. If you read the immigration rules and the extension application form this information is not required. It may be different for other visa classes.
If you haven't been outside UK for more than 180 days in any one year from the date of your entry, you can apply for ILR provided you meet the other conditions pertaining to the visa.No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).
You don't seem to have gone through the guidance thoroughly. If you did, you wouldn't ask such question.grreg wrote:Great that we have that cleared up - although none of it helps me answer my question in the original post.
Can i apply for ILR on the accelerated route while no longer be on the initial visa, but rather on an extension visa?
I'd love to hear any thoughts or comments regarding this.
grreg wrote:Atthaas, Can you please provide a reference to the immigration rules or policy guidance that says the T1 Entrepreneur visa will only be valid for a total of 5 years.
I have been advised in writing by UKVI that they will extend T1 Entrepreneur visas beyond 5 years, so with that advice I can still be in the UK on this visa class in 2019 contrary to your comment. However, none of this addresses my initial post and is irrelevant if I can access the accelerated route - which is what I am asking about.
As I wrote previously I have spent extensive time outside the UK in the past 2 years and as such will be unable to apply for ILR until approx Jun-2019 (which is when I can demonstrate 5 years with less than 180 days outside the UK).
The question in my initial post is quite specific and clear - Am I able to to apply for ILR using the accelerated route if I am no longer on the initial period visa, but rather on an extension?
Read point 20 on page 4 of 59 of the Tier 1 Entrepreneur Visa Policy Guidance. Not sure how you could miss that. The guidance is clear on this, if you got a special advise from UKVI, could you please share such valuable information with the forum? We all would be assisted greatly with such exceptions, that too in writing.grreg wrote:Atthaas, Can you please provide a reference to the immigration rules or policy guidance that says the T1 Entrepreneur visa will only be valid for a total of 5 years.
I have been advised in writing by UKVI that they will extend T1 Entrepreneur visas beyond 5 years, so with that advice I can still be in the UK on this visa class in 2019 contrary to your comment. However, none of this addresses my initial post and is irrelevant if I can access the accelerated route - which is what I am asking about.
As I wrote previously I have spent extensive time outside the UK in the past 2 years and as such will be unable to apply for ILR until approx Jun-2019 (which is when I can demonstrate 5 years with less than 180 days outside the UK).
The question in my initial post is quite specific and clear - Am I able to to apply for ILR using the accelerated route if I am no longer on the initial period visa, but rather on an extension?
If some one entered UK in January 2013 and his extension is due in January 2016, now what will happen if he has established the business , invested 200K and have generated two jobs but he was absent for more that 180 days in one calender year?NAR wrote:I think the rules of the 180 days also apply for the visa itself, not only ILR. They may dont care about extension, but suppose you got your visa and entered UK on Jan 2014, then you left for 10 month and came back Oct 2014. In theory, the visa is not valid any more as you stayed outside more than 180 days even so the visa itself is still valid till 2017 in the passport. So if they noticed this at the entry border they will investigate further and may not allow entry.
.
I think for the extension, they won't look at the 180 days rule as its not mentioned. In fact, this whole point worth being discussed with UKBA as different sources have different understanding. For example, look at this firm web site, they are talking about this in 2012 changes but 2014 did not add anything to this so its the same:MTZ510 wrote: If some one entered UK in January 2013 and his extension is due in January 2016, now what will happen if he has established the business , invested 200K and have generated two jobs but he was absent for more that 180 days in one calender year?
Secondly if that person got the extension and after 5 years wants to apply for ILR but again he has absences of more than 180 days in one calender year in last 5 years then will he seek another extension in order to complete the 5 year without more absences ?
Thanks
Attahaas, I have read the item you point out in the guidance document. I do not see any indication that the visa is 'limited' to 5 years or a single extension. Perhaps I am just reading and interpreting this differently to you.attahaas wrote:Read point 20 on page 4 of 59 of the Tier 1 Entrepreneur Visa Policy Guidance. Not sure how you could miss that. The guidance is clear on this, if you got a special advise from UKVI, could you please share such valuable information with the forum? We all would be assisted greatly with such exceptions, that too in writing.grreg wrote:Atthaas, Can you please provide a reference to the immigration rules or policy guidance that says the T1 Entrepreneur visa will only be valid for a total of 5 years.
I have been advised in writing by UKVI that they will extend T1 Entrepreneur visas beyond 5 years, so with that advice I can still be in the UK on this visa class in 2019 contrary to your comment. However, none of this addresses my initial post and is irrelevant if I can access the accelerated route - which is what I am asking about.
As I wrote previously I have spent extensive time outside the UK in the past 2 years and as such will be unable to apply for ILR until approx Jun-2019 (which is when I can demonstrate 5 years with less than 180 days outside the UK).
The question in my initial post is quite specific and clear - Am I able to to apply for ILR using the accelerated route if I am no longer on the initial period visa, but rather on an extension?
Again, can you elaborate what you meant by spending extensive time outside the UK in the past 2 years? Have you spent more than 180 days in any consecutive 12 months in the past 2 years?
It is 180 days per year and NOT 180 days for the entire 5 years (or 3 years as applicable)!
To get an answer your question, read Chapter 7 on page 15 of Tier 1 settlement guidance. From the guidance, YES you can apply through the accelerated route if you meet the requirement of continuous period for 3 years and have created an equivalent of 10 new full time jobs for 12 months. The word "extension" is irrelevant here, you need to be a Tier 1 (Entrepreneur) Migrant, doesn't matter if you are on Entry or Extension. There is nothing there to suggest otherwise.
Before you can go there, first would you meet the requirements for extension next year?
NAR, as far as I am aware the Tier 1 (Entrepreneur) visa does not carry a requirement to 'reside' in the UK, so it does not become cancelled if you are outside the UK for more than 180 days in a consecutive 12 month period. Again this is just my understanding am I could be incorrect.NAR wrote:I think the rules of the 180 days also apply for the visa itself, not only ILR. They may dont care about extension, but suppose you got your visa and entered UK on Jan 2014, then you left for 10 month and came back Oct 2014. In theory, the visa is not valid any more as you stayed outside more than 180 days even so the visa itself is still valid till 2017 in the passport. So if they noticed this at the entry border they will investigate further and may not allow entry.
Many other countries does have this exact rule, Residence Visa valid for 3 years, but you can't stay outside the country for more than 6 month otherwise its canceled, so many come back for few days before the 6 months expire then they leave again (in other counties i mean, not the UK, as in UK this won't work because of the consecutive rules while other countries only care about 6 months between your exit and entry again)
I believe that fast track to ILR is only on the first extension. I am sure none here did this situation so you won't get definite answer, make your best judgement and give it a try i suppose.
Grreg, regarding the number of extensions, I would rather go by what is written in the guidance rather than interpreting what is not written, just to be prepared well and be on the safer side.grreg wrote: Attahaas, I have read the item you point out in the guidance document. I do not see any indication that the visa is 'limited' to 5 years or a single extension. Perhaps I am just reading and interpreting this differently to you.
However, I know that on Tier 1 (General) and Ancestry visas people can remain on each of these classes for more than 5 years, so it would seem reasonable that Tier 1 (Entrepreneur) class can be extended also.
To elaborate on my absence from the UK. I was outside the UK for about 540 days (which is about 18 months). So I have certainly spent more than 180 days outside the UK in a consecutive 12 month period.