Tier 1 Entrepreneur Visa - Expired Outside UK

helpmehelpall wrote: ↑

Tue Jul 16, 2019 8:55 am

Dear Friends,

Appreciate helping out in my case where i had traveled out of UK during Xmas Vacations Dec 2018 and couldn't comeback to UK due to Family Circumstances in which my visa got expired in Feb 2019.

Since i had fulfilled all requirements including 200K£ as well as 2 x Full Time Jobs therefore i am just finding out that is there any way out to process my extension application?

Looking forward to hearing from the experts for such exception.

Thanking you all in anticipation

You should be able to apply for extension.

The immigration rules 245D state that:

(ii) Individuals who have entry clearance, leave to enter or leave to remain as:
(1) a Tier 1 (Entrepreneur) Migrant
(2) a Tier 1 (Graduate Entrepreneur) Migrant, or
(3) a Start-up migrant, having previously held leave as a Tier 1 (Graduate Entrepreneur) Migrant,
or have had such leave in the 12 months immediately before the date of application, may apply under these rules to extend their stay or for indefinite leave to remain.

Since you are within 12 months, you should be able to apply.

As CR001 mentioned, since you have been away for 180 days, you will have a challenge qualifying for ILR though. You would need to complete 5 years by 6 April 2025, which is not impossible but extremely tight.

CR001 wrote: ↑

Tue Jul 16, 2019 9:06 pm

@ marcnath, the ops visa expired in February, it will be challenging to apply for a new entry clearance visa outside the UK. There is no option to apply from outside the UK anymore and the extension tab clearly states an applicant must be in the UK to apply.

https://www.gov.uk/tier-1-entrepreneur/extend-your-visa

https://visas-immigration.service.gov.u ... trepreneur

Agree that it will be challenging. Hence my expression of "should be able..."instead of "can ...".

The immigration rules do seem to allow this.

Clause 245D(a)(ii) and the Entry clearance section 245DB(e) both are explicit about the applicability of the 12 month time period. The fact that 245DB allows this clearly contradicts any requirement to be in the UK.

But I can't find the mechanism to do this.

OP should contact HO stating these clauses and get guidance on how to apply under these rules.