Tier 1 team split issue - Assistance required.

[k191U1111]

Hi,

I hope everyone is well and safe.


I am facing some major set backs here. any urgent help is appreciated.


ILR refused due to excess absences from UK (Note for which medical certificate was attached and even GP letter from the UK was attached of the condition). There were no other grounds all other points were granted for Business, Investment and Job requirement was met.

For the refusal according to the consecutive Year calculation the time spent outside UK is not excess. But using the rolling Method it turns out to be 67 Days extra for which a medical certificate of 53 days was attached where I was not allowed by the doctors to travel.


I have a couple of questions.

1. Do you think JR is a good option since after the medical certificate there are still 14 days extra and if not can an extension be still applied ?

2. Is it still possible I can apply for Tier 1 Entrepreneur Extension within the 14 Days period?

3. Can a dependant child's (Over 18) Bank statement be used as a proof of maintenance funds ?

4. if not can every dependant provide individual bank statment to meet the requirement of maintenance funds?

5. If extension is Applied would it still count the dependants over 18?


Kindly please help.....

[umer.shahzad1]

Hi ,

Can you please paste exact refusal letter ?

[k191U1111]

Hi,

The refusal states the following:

With regard to Row 4 of Table 6 above, you are required to demonstrate that you have spent the specified continuous period lawfully in the UK as a Tier 1 (Entrepreneur) Migrant. Paragraph 245AAA(a)(i)(2) states that the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.

Based on the above you have not demonstrated that you have spent the specified continuous period lawfully in the UK as a Tier 1 (Entrepreneur) Migrant, with absences from the UK of no more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.

Using the date of the application as the qualifying date you have been absent from the UK for the following periods since entering on 20 June 2015:

[marcnath]

Hi,

I hope everyone is well and safe.


I am facing some major set backs here. any urgent help is appreciated.


ILR refused due to excess absences from UK (Note for which medical certificate was attached and even GP letter from the UK was attached of the condition). There were no other grounds all other points were granted for Business, Investment and Job requirement was met.

For the refusal according to the consecutive Year calculation the time spent outside UK is not excess. But using the rolling Method it turns out to be 67 Days extra for which a medical certificate of 53 days was attached where I was not allowed by the doctors to travel.


I have a couple of questions.

1. Do you think JR is a good option since after the medical certificate there are still 14 days extra and if not can an extension be still applied ?

2. Is it still possible I can apply for Tier 1 Entrepreneur Extension within the 14 Days period?

3. Can a dependant child's (Over 18) Bank statement be used as a proof of maintenance funds ?

4. if not can every dependant provide individual bank statment to meet the requirement of maintenance funds?

5. If extension is Applied would it still count the dependants over 18?


Kindly please help.....

To start with, medical reason is not a valid excuse to ignore absence periods. So GP letter, etc. is quite irrelevant.

But otherwise it is confusing.

The letter states that they have not used the rolling 12 month period, but have used the consecutive 12 month period. But you are saying that you will exceed the absence only if continuous period is used? Which method is applicable depends on when you extension was granted, so please confirm that date.

For the rest, here are my thoughts:

1. As mentioned at the start, Medical certificate is not an acceptable reason for absence requirement exemption.
2. Yes, you can apply for extension
3. Yes
4. Yes
5. Yes, as long as dependant is not leading an independent life

[k191U1111]

The Date extension granted: 28th September 2018.

They have just mentioned that:

With regard to Row 4 of Table 6 above, you are required to demonstrate that you have spent the specified continuous period lawfully in the UK as a Tier 1 (Entrepreneur) Migrant. Paragraph 245AAA(a)(i)(2) states that the applicant must not have been absent from the UK for more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.

Based on the above you have not demonstrated that you have spent the specified continuous period lawfully in the UK as a Tier 1 (Entrepreneur) Migrant, with absences from the UK of no more than 180 days during each consecutive 12 month period, ending on the same date of the year as the date of the application for indefinite leave to remain.

Using the date of the application as the qualifying date you have been absent from the UK for the following periods since entering on 20 June 2015:

Absence 01 18-Jul-15 03-Nov-15 107
Absence 02 16-Jan-16 18-Feb-16 32
Absence 03 30-Jul-16 30-Nov-16 122
Absence 04 29-Dec-16 01-Feb-17 33
Absence 05 23-May-17 15-Jun-17 22
Absence 06 06-Nov-17 16-Feb-18 101
Absence 07 18-Jun-18 12-Jul-18 23
Absence 08 17-Nov-18 11-Feb-19 85
Absence 09 06-Mar-19 11-May-19 65
Absence 10 21-Jul-19 21-Oct-19 91

Please note that in line with published guidance we have calculated the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

1. the date of application
2. the date of decision
3. any date up to 28 days after the date of application


The resulting figures from each calculation do not alter the decision as there is no marked difference in each result. In addition, using a rolling 12-month calculator also shows that you exceeded the 180 days in a 12-month rolling period

[CR001]

Absence 08 17-Nov-18 11-Feb-19 85
Absence 09 06-Mar-19 11-May-19 65
Absence 10 21-Jul-19 21-Oct-19 91

As your extension was granted after 11th January 2018,the above 3 absences are calculated on a rolling basis. You failed to meet the absence limits requirment with 241 days absence just in one year.

[k191U1111]

Do you think I should now apply for the Tier 1 entrepreneur extension and apply for ILR later when I Qualify with the time limit as it would be in December 2023.

Therefore, I will have to apply for 2 more extensions to meet the criteria.

[CR001]

Applying for ilr when the route closes won't change the absence you have since your extension in September 2018.

[k191U1111]

But in the guidance it says the extensions applications are open until the 5th April 2023 and Settlement applications are accepted until 5th April 2025.

Won't I be eligible to apply for extensions before 5th April 2023 and ILR before 5th April 2025.?

[CR001]

Yes you should, if the rules remain the same.

[k191U1111]

As I have the excess absences in including the time

Absence 08 17-Nov-18 11-Feb-19 85
Absence 09 06-Mar-19 11-May-19 65
Absence 10 21-Jul-19 21-Oct-19 91

If I apply for extension now as the business activity has no issues. Hopefully my extension will be processed smoothly as all the points for Funds investment, Job Creation and Directorship has been awarded already.

Moreover, once the extension is granted if I apply for ILR in December 2023 it would take out the December 2018 time period which would then fit me under 180 days time period.

[k191U1111]

Hi,

I hope everyone is well and safe.


I am facing some major set backs here. any urgent help is appreciated.


ILR refused due to excess absences from UK (Note for which medical certificate was attached and even GP letter from the UK was attached of the condition). There were no other grounds all other points were granted for Business, Investment and Job requirement was met.

For the refusal according to the consecutive Year calculation the time spent outside UK is not excess. But using the rolling Method it turns out to be 67 Days extra for which a medical certificate of 53 days was attached where I was not allowed by the doctors to travel.


I have a couple of questions.

1. Do you think JR is a good option since after the medical certificate there are still 14 days extra and if not can an extension be still applied ?

2. Is it still possible I can apply for Tier 1 Entrepreneur Extension within the 14 Days period?

3. Can a dependant child's (Over 18) Bank statement be used as a proof of maintenance funds ?

4. if not can every dependant provide individual bank statment to meet the requirement of maintenance funds?

5. If extension is Applied would it still count the dependants over 18?


Kindly please help.....

CR001 can you please share your thoughts on above questions please regarding the Maintenance funds?

[k191U1111]

Just to be 100% sure.

The we can apply for extension of same Tier 1 Entrepreneur visa under section 39E ..?


Kindly please reply.?

[zimba]

Yes

[k191U1111]

Dear Moderators,

I hope you are all well and safe. Happy New years first of all.

I am here to ask a question regarding Tier 1 Entrepreneur team split.

Scenario.

Initial Visa granted: 15th April 2015.
Extension Granted: 28 September 2018.

I came in the UK on a Tier 1 Entrepreneur as a team member and my partner has now been granted ILR as he did not have any absence issues. We have 2 companies established in UK investing 100,000 GBP in each.

I recently applied for ILR but it was refused due to excess absences which now means I will have to apply for another extension.

The questions I have is as follows:

1. Team member now wants to split to company would we be able to continue for another extension application as we have been previously granted the extension even if I leave the other company.?

2. Do I need to invest 100,000 GBP if the team is split and I leave the other company as a director. ?

Any Advise would be really beneficial.

[marcnath]

Dear Moderators,

I hope you are all well and safe. Happy New years first of all.

I am here to ask a question regarding Tier 1 Entrepreneur team split.

Scenario.

Initial Visa granted: 15th April 2015.
Extension Granted: 28 September 2018.

I came in the UK on a Tier 1 Entrepreneur as a team member and my partner has now been granted ILR as he did not have any absence issues. We have 2 companies established in UK investing 100,000 GBP in each.

I recently applied for ILR but it was refused due to excess absences which now means I will have to apply for another extension.

The questions I have is as follows:

1. Team member now wants to split to company would we be able to continue for another extension application as we have been previously granted the extension even if I leave the other company.?

2. Do I need to invest 100,000 GBP if the team is split and I leave the other company as a director. ?

Any Advise would be really beneficial.

1. Yes
2. No