Is it ok to stay around 5 months in single trip?

[Ahmed25]

Just wanted to confirm you guys that is it ok to spend around 5 months outside uk in a single trip on this visa? In my opinion there is nothing wrong with it as far as I am not breaching any other rule. Please comments. Thanks.

[KickAss]

Just wanted to confirm you guys that is it ok to spend around 5 months outside uk in a single trip on this visa? In my opinion there is nothing wrong with it as far as I am not breaching any other rule. Please comments. Thanks.

Nope as far as I remember from the policy guide, the rule is for 6 months outside UK in a year.

[Ahmed25]

Nope as far as I remember from the policy guide, the rule is for 6 months outside UK in a year.

Yes you are right but my question is can I take those 6 months leave in a single trip? Like in my situation I left UK on 23 september 2013 and I plan to come back in february 2014 so my stay is not longer than six months in a year. Actually some body told me that I cant spend more than 3 months outside uk in a single trip but I havent found any such condition. Plzz comment.

[educators]

Nope as far as I remember from the policy guide, the rule is for 6 months outside UK in a year.

Yes you are right but my question is can I take those 6 months leave in a single trip? Like in my situation I left UK on 23 september 2013 and I plan to come back in february 2014 so my stay is not longer than six months in a year. Actually some body told me that I cant spend more than 3 months outside uk in a single trip but I havent found any such condition. Plzz comment.

Someone has given you wrong information. There is no such condition of 3 months. Whenever someone gives you this sort of information, always ask for reference.You are allowed 6 months outside UK in one year. Now it is up to you whether you take few short breaks or stay 6 months in one single trip. Relax and enjoy your trip.

[Ahmed25]

Someone has given you wrong information. There is no such condition of 3 months. Whenever someone gives you this sort of information, always ask for reference.You are allowed 6 months outside UK in one year. Now it is up to you whether you take few short breaks or stay 6 months in one single trip. Relax and enjoy your trip.

thanks very much thats all what I need and what I thought.

[top]

check this out as well, you plan to have been out of UK for 5 months on a single trip would make visa officer suspicious at port as you enter, having such a visa that requires you to stay active in business as your role in your company genuinely wont allow you to stay out for long as long as 5 months.

who has been running your business in your absence and who provided the services to clients that you do normally are the simple questions they start asking before they actually box off you.
you can not say business activities have been dormant or silent because you were not there.

actual purpose behind being allowed to have been out for 6 months with no objections are the grounds related to your travel problems,hospital treatments, or anything special incidents that one could say made some sense to visa officer.

finally if you think you can justify the situation up to a satisfying level on arrival I put my opinion forward you should not still take such a risk as this you can plan you trip split in 2 instead.

thanks...

[rizwan567]

I think you can qualify for ILR and extension by staying no more than 6 six months outside each year. However

You will not qualify for nationality coz for that you need not to stay away for more than 3 months in any single visit within the past 5 years before you apply

[itk]

I think Top is more correct. the mere fact you are allowed to stay 6 month per year doesn't mean you should take the 6 month at a stretch. I wouldn't advice you stay 5 months at a stretch due to some nosey officers at the port of entry. They're definitely going to be asking you who ran your business in your absence, and remember one question will always lead to multiple revelations.

[educators]

You will not qualify for nationality coz for that you need not to stay away for more than 3 months in any single visit within the past 5 years before you apply

Let me correct you here. Less than 3 months absences are not required for past 5 years. It is for 12 months period before applying for nationality.

[Darvesh]

if ur business is running normally in ur absence then no need to worry abt anything and u may be able to satisfy noisy IO at airports.

however if there is no activity in those 5month or so then obviously IO may become noisy upon ur arrival.

[cappachino]

When u guys refer to 6 months in a year absence how does it work
Meaning if a person gets his visa in july n arrives in july to start his business His year would be from july to july or will it be July to december
Confussion is if it is july to december then in essence the person can't leave till December
Regards

[rizwan567]

You will not qualify for nationality coz for that you need not to stay away for more than 3 months in any single visit within the past 5 years before you apply

Let me correct you here. Less than 3 months absences are not required for past 5 years. It is for 12 months period before applying for nationality.

Yes, you are correct. The exact requirement is:

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. And the total number of days absence for the whole 5 year period should not exceed 450.

[Darvesh]

@cappachino.....HO year doesnt start from Jan-Dec rather from the date u enter.

@rizwan567...total no of days willbe 540 rather than 450.[/quote]

[educators]

@rizwan567...total no of days willbe 540 rather than 450.

Let me correct you here. Normal permitted absences in 5 year qualifying period is 450 days.

[cappachino]

@rizwan567...total no of days willbe 540 rather than 450.

Let me correct you here. Normal permitted absences in 5 year qualifying period is 450 days.

Now this is confusing

Absence allowed is 6 months in a year meaning 180 days in a year
So in 5 years permitted absence should be 180 × 5 = 900 is my calculation and understanding correct?

[educators]

@rizwan567...total no of days willbe 540 rather than 450.

Let me correct you here. Normal permitted absences in 5 year qualifying period is 450 days.

Now this is confusing

Absence allowed is 6 months in a year meaning 180 days in a year
So in 5 years permitted absence should be 180 × 5 = 900 is my calculation and understanding correct?

With 6 months absences in a year you will be able to extend your tier 1 entrepreneur visa after 3 years and also get an indefinite leave to remain after 5 years. Then after having an ILR for 1 year you may apply for british nationality however in order to obtain british nationality the normal permitted absences within the last 5 years time before applying for nationality is 450 days. Hope it is clear now.

[cappachino]

@rizwan567...total no of days willbe 540 rather than 450.

Let me correct you here. Normal permitted absences in 5 year qualifying period is 450 days.

Now this is confusing

Absence allowed is 6 months in a year meaning 180 days in a year
So in 5 years permitted absence should be 180 × 5 = 900 is my calculation and understanding correct?

With 6 months absences in a year you will be able to extend your tier 1 entrepreneur visa after 3 years and also get an indefinite leave to remain after 5 years. Then after having an ILR for 1 year you may apply for british nationality however in order to obtain british nationality the normal permitted absences within the last 5 years time before applying for nationality is 450 days. Hope it is clear now.

Yes it is clear
So what about the expedited process where if u employ 10 employees u get ur indefinet in 3 years

[educators]

Yes it is clear
So what about the expedited process where if u employ 10 employees u get ur indefinet in 3 years

Its same the only difference will be you need to spend 2 years on ILR to make up 5 years qualifying period before applying for nationality.

[cappachino]

@rizwan567...total no of days willbe 540 rather than 450.

Let me correct you here. Normal permitted absences in 5 year qualifying period is 450 days.

Now this is confusing

Absence allowed is 6 months in a year meaning 180 days in a year
So in 5 years permitted absence should be 180 × 5 = 900 is my calculation and understanding correct?

With 6 months absences in a year you will be able to extend your tier 1 entrepreneur visa after 3 years and also get an indefinite leave to remain after 5 years. Then after having an ILR for 1 year you may apply for british nationality however in order to obtain british nationality the normal permitted absences within the last 5 years time before applying for nationality is 450 days. Hope it is clear now.

Yes it is clear
So what about the expedited process where if u employ 10 employees u get ur indefinet in 3 years

[educators]

Let me correct you here. Normal permitted absences in 5 year qualifying period is 450 days.

Now this is confusing

Absence allowed is 6 months in a year meaning 180 days in a year
So in 5 years permitted absence should be 180 × 5 = 900 is my calculation and understanding correct?

With 6 months absences in a year you will be able to extend your tier 1 entrepreneur visa after 3 years and also get an indefinite leave to remain after 5 years. Then after having an ILR for 1 year you may apply for british nationality however in order to obtain british nationality the normal permitted absences within the last 5 years time before applying for nationality is 450 days. Hope it is clear now.

Yes it is clear
So what about the expedited process where if u employ 10 employees u get ur indefinet in 3 years

see my reply above

[cappachino]

Now this is confusing

Absence allowed is 6 months in a year meaning 180 days in a year
So in 5 years permitted absence should be 180 × 5 = 900 is my calculation and understanding correct?

With 6 months absences in a year you will be able to extend your tier 1 entrepreneur visa after 3 years and also get an indefinite leave to remain after 5 years. Then after having an ILR for 1 year you may apply for british nationality however in order to obtain british nationality the normal permitted absences within the last 5 years time before applying for nationality is 450 days. Hope it is clear now.

Yes it is clear
So what about the expedited process where if u employ 10 employees u get ur indefinet in 3 years

see my reply above

So as per my understanding
Even after employing 10 employees u will only get indefinet visa n for nationality u need to complete 5 years hence you only save 1 year in the whole process even after employing 10 employees

[educators]

So as per my understanding
Even after employing 10 employees u will only get indefinet visa n for nationality u need to complete 5 years hence you only save 1 year in the whole process even after employing 10 employees

yes u r right...u save 1 year in nationality however u get ilr 2 years earlier in this way...

[confused90]

So as per my understanding
Even after employing 10 employees u will only get indefinet visa n for nationality u need to complete 5 years hence you only save 1 year in the whole process even after employing 10 employees

yes u r right...u save 1 year in nationality however u get ilr 2 years earlier in this way...

I spoke to a solicitor about this, and he told me the ILR is a 1-year validity with 3 months of absence allowed. After which you can apply for citizenship.

[educators]

So as per my understanding
Even after employing 10 employees u will only get indefinet visa n for nationality u need to complete 5 years hence you only save 1 year in the whole process even after employing 10 employees

yes u r right...u save 1 year in nationality however u get ilr 2 years earlier in this way...

I spoke to a solicitor about this, and he told me the ILR is a 1-year validity with 3 months of absence allowed. After which you can apply for citizenship.

Let me clarify here something which your solicitor did not explain you clearly. ILR means indefinite leave to remain which means you can stay for indefinite time here in UK. It is not valid for 1 year only. Although you can apply for nationality after having an ILR for 1 year but only if you have spent atleast 5 years in UK already. So in short there are two situations given below for Tier 1 Entrepreneurs and 5 years are must for the purpose of nationality:

3 Years Initial Visa + 2 Years Extension + 1 Year ILR > Nationality

or

3 Years Initial Visa + 2 Years on Accelerated Settlement ILR > Nationality

[cappachino]

So as per my understanding
Even after employing 10 employees u will only get indefinet visa n for nationality u need to complete 5 years hence you only save 1 year in the whole process even after employing 10 employees

yes u r right...u save 1 year in nationality however u get ilr 2 years earlier in this way...

I spoke to a solicitor about this, and he told me the ILR is a 1-year validity with 3 months of absence allowed. After which you can apply for citizenship.

Let me clarify here something which your solicitor did not explain you clearly. ILR means indefinite leave to remain which means you can stay for indefinite time here in UK. It is not valid for 1 year only. Although you can apply for nationality after having an ILR for 1 year but only if you have spent atleast 5 years in UK already. So in short there are two situations given below for Tier 1 Entrepreneurs and 5 years are must for the purpose of nationality:

3 Years Initial Visa + 2 Years Extension + 1 Year ILR > Nationality

or

3 Years Initial Visa + 2 Years on Accelerated Settlement ILR > Nationality

VERY NICELY EXPLAINED