Accelerated route to ILR (3 years)

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.

You are thinking about ILR means that you are sure you will get extension.
I thought that the 180 days rule will have impact on the extension application too. Not sure but that's what an immigration lawyer told me. Will appreciate if you can explain whether the absences of more than 180 days will not affect the extension application.

Thanks

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.

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.

Yes you are right, for the extension application the points are for investment made & employment but we will submit our passport with the extension application and if we have stayed outside UK for more than 180 days then it may cause problem thats what i was told by a lawyer.

I have stayed outside UK for 4 months and have some work outside UK but am not going just because of this 180 days rule.

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.

The 180 days absence is PER ANY CONSECUTIVE 12 MONTHS, not for the entire 3 or 5 years. Technically it means you can be absent for 18 months in a 3 year period or 30 months in a 5 year period as long as each 6 months absence pertains to one consecutive 12 month period. (for ease of understanding here 6 months = 180 days)

Read page 19 of 31 in the ILR: Calculating continuous period in UK

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).

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.

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: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.

You don't seem to have gone through the guidance thoroughly. If you did, you wouldn't ask such question.

I am not sure if you are aware that the T1 Entrepreneur visa will have a total validity period of only 5 years and 4 months from the time it's first granted, including the extension period. Since you were granted the T1E visa in June 2012, and if you have invested the required amount by Oct 2015 and have created an equivalent of 2 new full time jobs for 12 months by then, you can apply for extension for another 2 years only. And that makes your T1 Entrepreneur visa expired after Oct 2017. So, there is no question of getting into 2019 with the same visa.

Provided you get the extension in June 2015, you can apply for ILR after 5 years from the date your visa was granted or the date of first entry on this visa. So, if you are looking to apply for ILR in 2017, in your situation you have the chance to do so normally even without the accelerated route.

The question is will you meet the requirements for extension in 2015?

If you haven't been out of the UK for more than 180 days in any 12 consecutive months from the date of visa, you still have time to create 10 new full time jobs before you apply for ILR in Oct next year.

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?

I also got same advice from one lawyer that you can get another extension after 5 years although he did not explained how.

Just for the benefit of the forum members, You mind sharing the letter from UKVI?

Thanks

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?

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.

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?

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.

@MTZ510 Regarding getting more than one extension, that is fine as it can happen very easily if someone did not enter the UK on the first 4 months after getting the visa. This is why they issue the visa initially 3 years 4 months. I have seen and talked to people who entered the UK after 6 months, its not a problem as you must register company within 6 months of ENTRY and not ISSUE.

But they will have problem with IRL, in this situation, the will extend normal (one month before the visa expire) and when the first extension expire, they MUST apply for extension again because they are short two months from IRL so they can't apply and they can't wait illegally, so they apply for second extension, proving everything again, then they get another two years, of which they can apply ILR after two months!!

I've been told this by UKBA officer themselves at the embassy in UAE: enter UK on the visa within the 4 months so this way you have lived in the UK for at least three full year before your extension.

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.
.

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

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

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:

(there is no residency condition for those wishing merely to extend his or her leave to remain).

Found here:
http://www.charlesrussell.co.uk/UserFil ... _Visas.pdf

The per year in my opinion is wrong, as if UKBA wanted to per calendar year they would have said so and not consecutive 12 months which is different than calendar year.

Now read UK Gov PDF file here, Page: 21 of 31:

For the Tier 1 (Investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional talent) and highly skilled migrant (applying under appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, depending on the category, counted backwards from the date of application for indefinite leave to remain (ILR).

This means they must give reason if 180 days exceeded and they are only talking about ILR. Here is the link for this:
https://www.gov.uk/government/uploads/s ... eriods.pdf

For them to accept the applicant to provide a reason meaning they can and will consider special cased where people may get ILR even if they break the 180 days (with reason provided)!

In your example i believe they will give extension, and another extension is required and is legal to apple for any number of extension of your Tier 1 (Ent) visa. However i think for each extension they may require new documents. I am not really sure if they will accept copies of the first extension and proof and thats it!! The question to UKBA would be if someone breaks the 180 days rule for ILR, would they also break the rule for visa itself! and what is required for the 2nd extension!

attahaas wrote:

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.

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?

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.

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.

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.

We all need to be aware that any Border Force officer can refuse you entry to the UK even if you have a valid visa. The visa does not automatically mean you will be granted entry.

I have discussed my extended absence with 2 immigration lawyers (separately) and neither of them raised it as a concern.

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.

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.

Assuming the 180 day restriction doesn't apply for extension, you would still need to show investment of the full amount and the creation of 2 new jobs, which are the conditions to grant extension. So, would you have done this by the time you apply for extension next year? If not, on what grounds would you apply for extension?

Guys, just need a clarification, whether both the points A & B need to be sufficed or either ( I am pasting this from gov.uk)

https://www.gov.uk/government/uploads/s ... r_11_0.pdf

The specified continuous period is:
A) three years if the number of new full-time jobs created is at
least 10
B)three years if the applicant has:
1)established a new UK business with an income from
business activity of at least £5 million during a three year
period in which the applicant has had leave as a Tier 1 (Entrepreneur) migrant
2)taken over or invested in an existing UK business and their
services or investment have resulted in a net increase in
income from business activity to that business of £5 million
during a three year period in which the applicant has had
leave as a Tier 1 (Entrepreneur) migrant, when compared to
the immediate preceding three year period



If someone has 10 employees can get apply for ILR or also needs a £5m turnover in addition.

To everyone

I'm curious to know more about extended absence for the eventual ILR.
If we take into account 5 consecutive years backwards from date of application, can we be away for exact 12 months, 360 days (if time it accurately) and still qualify for the not more than 180 day per consecutive year in a 2 year block?
Like example:

Year 1:
In Uk from Day 1 - Day 185
Out of Uk from Day 186 - Day 365

Year 2
Out of Uk from Day 1 - Day 185
In Uk from Day 186 - 365

More options for where to live, Anyone can answer? thanks

Hello all,

I have studied a question. Especially this latest document:
https://www.gov.uk/government/uploads/s ... 1_2015.pdf

There is NO need to be in the UK at all for the Visa itself and to prolong it.
180 days rule applies only to apprication to ILR:
Item 204:
"If you have been outside of the United Kingdom for more than 180 days in 12 months, this
will break the continuous period and you will need to start the qualifying period for settlement
again. If this happens, you may need to obtain a further grant of limited leave to remain to
reach your continuous period in the United Kingdom"

So you unable to apply for ILR and should just obtain the one more prolong.
Further extention - item 166. Nothing about 180 days and nothing about you unable to extend several times (it is not clear though if you extend second time should you provide 2 more jobs).

I have nearly the same situation. I missed just first year (although I was in UK in the beginning to become a director - no brake in rules here). And I will extend 1 time, then in 1 year apply for fast route, as it is applicable for me. So there will be 4 years, and last 3 years I was in UK.