When can I apply for ILR (Tentative)

[divchopra]

Hello,

This question might be too early to ask at this stage but I would just like some information on this. So I got my Tier 1 entrepreneur visa on 17th Feb 2020. I’ll have to apply for my Extension before 17th Feb 2023. Say my extension is approved and brp starts from 15th March 2023 to 14th March 2025. Now the question is in this scenario when will I be eligible to apply for an ILR? Would I be able to apply for after finishing 5 years in the UK (On/after 17th February 2025) or does it mean 5 years of Qualifying the residency? (If I am in the UK whole 2024 I will complete the 5th year 180 day qualifying period around September/October effectively). Can i apply straight away after that? Or do you have to wait for complete 5 years even if you have finished your 5th years’s qualifying period. Apologies if that question is confusing.

[zimba]

Your five years will complete on 17th Feb 2025. You can apply 28 days before that date. So you can apply in Jan 2025.

FYI the Tier 1E route will close fully on 5 April 2025 (6 July 2027 for people who switched from GE route) so there is the cut off date for any ILR application under that route

[divchopra]

Thank you Zimba. I was on Tier 1 GE before tier 1 entrepreneur. Does that mean for me the end date for me is 6th July 2025? I will anyway apply around January ending then.

[zimba]

Thank you Zimba. I was on Tier 1 GE before tier 1 entrepreneur. Does that mean for me the end date for me is 6th July 2025? I will anyway apply around January ending then.

Correct

[divchopra]

There is one problem I would like to ask about Zimba. It is a big problem about the 180 days absence but there were few reasons. So I got my tier 1 on 17th Feb. I had to leave UK on 16th october 2020 and came back on 11 August 2021. The reason I couldn’t come back was covid. UK hit it’s third wave and then covid in India boomed and I couldn’t get out as my wedding was postponed and later because India was on UK’s red list. There was a pandemic and chaos everywhere. I came back as soon as things got normal and there wasn’t any risk. Would ukvi consider this? Or will they reject my application?

[zimba]

This is up to the UKVI. However, you should recognise that India was added to the red list on 23 April 2021. That is more than six months after you left the UK and you already were beyond your 180 days limit. Also, the red list did not prevent you from returning as a resident, you simply had to fly via connections and stay in a hotel as many did. UKVI may argue that you made no attempts to return despite the fact that you could. They may choose not to exercise discretion

[divchopra]

I completely understand that. But I was getting married soon and it got postponed due to covid cases. I couldn’t come to the UK again before getting married because there were many cases and lockdown from Feb onwards. I know these are lot of months. You’re not wrong at all, what is it that I can do? I have done everything right about the process and this will get me stuck. I can’t even add another extension as the route is closing. Please help me. Is there anything that I can do?

[divchopra]

This is up to the UKVI. However, you should recognise that India was added to the red list on 23 April 2021. That is more than six months after you left the UK and you already were beyond your 180 days limit. Also, the red list did not prevent you from returning as a resident, you simply had to fly via connections and stay in a hotel as many did. UKVI may argue that you made no attempts to return despite the fact that you could. They may choose not to exercise discretion

Also will it be possible to get another extension? Tier 1 extensions end in 2023 right? So does that mean I won’t be able to extend my visa to finish my 5 years? Cuz it will be sad to pass through this after so much hard work. If I could have been able to come to the Uk I definitely would have! I had genuine reasons. Can i request Ukvi about giving an extension?

[zimba]

You cannot get an extension beyond the deadline. As I said discretion will be at hands of UKVI.

[divchopra]

Right! Is there any provision that anyone who switched to Tier 1 entrepreneur from Tier 1 GE can still apply for settlement till 5th July 2027? I was on Tier 1 GE for 2 years before i got my Tier 1 Entrepreneur on 17/02/2020.

[zimba]

Right! Is there any provision that anyone who switched to Tier 1 entrepreneur from Tier 1 GE can still apply for settlement till 5th July 2027? I was on Tier 1 GE for 2 years before i got my Tier 1 Entrepreneur on 17/02/2020.

Yes there is. You can apply for an extension until 2025
https://www.gov.uk/guidance/immigration ... sed-system

[divchopra]

Great! Thank you Zimba. You have helped me so many times here. Very grateful! I am sorry to ask repeated questions again and again. But I’d just like to confirm my situation with you so I am absolutely right.

Feb 2018 - 2020: Tier 1 Graduate entrepreneur
Feb 2020 - 2023: Tier 1 entrepreneur
Feb 2023 - I will make my Tier 1 extension application.
I have until 5th July 2025 to make a second extension. Since I am in default of my absence of 180 days limit, I will have to apply for another extension in 2025 instead ILR. And then after a year when i have 5 continues residency year, I can apply for ILR (the time limit of which for me is 5th July 2027)

Is everything correct here Zimba? Again so sorry for asking same questions. I am little confused and anxious. And thank you so much for your help.

[zimba]

Correct. Relax it is all good

[divchopra]

Awesome! Thank u. Can I also ask one more advice please. Say if I get a tier 1 second extension in Feb 2025 and get a 2 year extension till feb 2027 (random dates for example). Can I apply for an ILR in between my extension visa is still in place? When will I be able to apply for an ILR in this case? 17/02/2026? (A year before extension expires) Considering my tier 1 ent was from 17/02/2020 and I was absent more than 180 days in the first year. Or will i have to wait till 2027.

[zimba]

Your ILR eligibility is determined based on when you have the required qualifying period and in that 5 year period, you do not fail the absence limit requirement. On that date, you can apply. Your visa expiry is irrelevant

[divchopra]

Right! So by that I can apply for an ILR on/after 17th Feb 2026 right? Since My first grant was 17th Feb 2020 (Tier 1 Entrepreneur), My five years end on 17th Feb 2025. But since I left UK on 16/10/2020 to 10/08/2021, I don’t qualify for this period. So last question I promise, Will I be eligible to apply for an ILR on 17/02/2026? Or Will it be 5 years from 11/08/2021 (date i was back to UK) i.e. 11/08/2026? Thanks for all your time on this Zimba.

[zimba]

The date you came back is irrelevant. I repeat again, you need to find a 5 year period in which you do not fail the absence limit (absence calculations are on a rolling basis) If you want to apply for ILR on 17/02/2026, then your 5 year qualifying period will be from 17/02/2021 and in that 5 year period you should not fail the requirements and so on