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180 day Absence for Ext also or for ILR only?

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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smartbuddy82
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180 day Absence for Ext also or for ILR only?

Post by smartbuddy82 » Wed Jul 31, 2019 7:29 pm

I would like to confirm if 180 day absence rule is applicable for Extension also or only at time of ILR (after 5 years)?

Ex : My Initial T1E was approved in May 2019 (valid until Sep 2022), first entry to collect BRP was in June but only for a week. So can I migrate in Feb 2019 and apply for extension in August 2022?

Will HO count 180 days from visa approval date or first entry date when I apply for extension?

Appreciate your kind advise, pls.

Thanks.

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zimba
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Re: 180 day Absence for Ext also or for ILR only?

Post by zimba » Wed Jul 31, 2019 8:22 pm

There is no such requirement for extension, that is only an ILR requirement for ALL point based applications
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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marcnath
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Re: 180 day Absence for Ext also or for ILR only?

Post by marcnath » Wed Jul 31, 2019 9:02 pm

smartbuddy82 wrote:
Wed Jul 31, 2019 7:29 pm
I would like to confirm if 180 day absence rule is applicable for Extension also or only at time of ILR (after 5 years)?

Ex : My Initial T1E was approved in May 2019 (valid until Sep 2022), first entry to collect BRP was in June but only for a week. So can I migrate in Feb 2019 and apply for extension in August 2022?

Will HO count 180 days from visa approval date or first entry date when I apply for extension?

Appreciate your kind advise, pls.

Thanks.
I guess you meant Feb 2020 ? You can do that and get the extension. But assuming you get the extension in Oct 2022, it will expire in Oct 2024 and you would not have completed 5 years at that time. So, you would have to apply for another extension and then meet all the job creation criteria after the 2nd extension before you can apply for ILR.

It is a lot better to enter the UK, get your visa stamped and travel back if you need to get things done back home. You can then actually move in Feb 2020. You would need to watch for the 180 day rule for the ILR (not extension) but if you first entry is somewhere around September/October, that may be ok.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

smartbuddy82
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Re: 180 day Absence for Ext also or for ILR only?

Post by smartbuddy82 » Thu Aug 01, 2019 4:14 am

@Zimba : Thanks for the reply. Appreciate your help and time.

@Marcnath:
Thanks for the reply. Appreciate your help and time.

Yes I actually meant Feb 2020 not 2019.
I already made my initial entry in June 2019, collected BRP, got company registered, applied NIA, opened business account, etc in June and then left and was planning to move completely in Feb 2020.

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marcnath
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Re: 180 day Absence for Ext also or for ILR only?

Post by marcnath » Thu Aug 01, 2019 2:10 pm

smartbuddy82 wrote:
Thu Aug 01, 2019 4:14 am
@Zimba : Thanks for the reply. Appreciate your help and time.

@Marcnath:
Thanks for the reply. Appreciate your help and time.

Yes I actually meant Feb 2020 not 2019.
I already made my initial entry in June 2019, collected BRP, got company registered, applied NIA, opened business account, etc in June and then left and was planning to move completely in Feb 2020.
Ok. So while your extension will not be affected, you will need two extensions before you qualify for ILR if you only come back in Feb. ILR for Tier 1 closes in July 2027.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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CR001
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Re: 180 day Absence for Ext also or for ILR only?

Post by CR001 » Thu Aug 01, 2019 2:35 pm

marcnath wrote:
Thu Aug 01, 2019 2:10 pm
Ok. So while your extension will not be affected, you will need two extensions before you qualify for ILR if you only come back in Feb. ILR for Tier 1 closes in July 2027.
Do you mean April 2025??
CR001 wrote:
Thu Mar 07, 2019 12:05 pm
https://assets.publishing.service.gov.u ... PRINT_.pdf

Extension applications for Tier 1 (Entrepreneur) migrants will remain open until
5 April 2023, and settlement applications until 5 April 2025.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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marcnath
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Re: 180 day Absence for Ext also or for ILR only?

Post by marcnath » Thu Aug 01, 2019 3:05 pm

CR001 wrote:
Thu Aug 01, 2019 2:35 pm
marcnath wrote:
Thu Aug 01, 2019 2:10 pm
Ok. So while your extension will not be affected, you will need two extensions before you qualify for ILR if you only come back in Feb. ILR for Tier 1 closes in July 2027.
Do you mean April 2025??
CR001 wrote:
Thu Mar 07, 2019 12:05 pm
https://assets.publishing.service.gov.u ... PRINT_.pdf

Extension applications for Tier 1 (Entrepreneur) migrants will remain open until
5 April 2023, and settlement applications until 5 April 2025.
Correct April 2025. I mixed it up with the deadlines for Tier 1 Graduate Entrepreneurs who switch to T1E :(
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

smartbuddy82
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Re: 180 day Absence for Ext also or for ILR only?

Post by smartbuddy82 » Thu Aug 01, 2019 7:56 pm

marcnath wrote:
Thu Aug 01, 2019 2:10 pm

Ok. So while your extension will not be affected, you will need two extensions before you qualify for ILR if you only come back in Feb. ILR for Tier 1 closes in July 2027.
Not sure, why u calculate it as 2 extensions :?:

Counting backwards...

Sept 2024 - Sep 2023
Sept 2023 - Sep 2022
Sept 2022 - Sep 2021
Sept 2021 - Sep 2020
Sept 2020 - Sep 2019 (- 6 months = March 2020).

So even if I migrate in Feb 2020, I would be able to complete 5 years considering max 180 days absence each other, isn't it? Am I missing something or calculating incorrectly?

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CR001
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Re: 180 day Absence for Ext also or for ILR only?

Post by CR001 » Thu Aug 01, 2019 8:10 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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marcnath
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Re: 180 day Absence for Ext also or for ILR only?

Post by marcnath » Thu Aug 01, 2019 8:34 pm

smartbuddy82 wrote:
Thu Aug 01, 2019 7:56 pm
marcnath wrote:
Thu Aug 01, 2019 2:10 pm

Ok. So while your extension will not be affected, you will need two extensions before you qualify for ILR if you only come back in Feb. ILR for Tier 1 closes in July 2027.
Not sure, why u calculate it as 2 extensions :?:

Counting backwards...

Sept 2024 - Sep 2023
Sept 2023 - Sep 2022
Sept 2022 - Sep 2021
Sept 2021 - Sep 2020
Sept 2020 - Sep 2019 (- 6 months = March 2020).

So even if I migrate in Feb 2020, I would be able to complete 5 years considering max 180 days absence each other, isn't it? Am I missing something or calculating incorrectly?
It is no longer backwards calculation as CR001 pointed out.

But I should correct myself. I talked about 2nd extension based on Feb 2020 being the first entry. I should have corrected it with the first entry in June information. But yes, assuming you don't have any major absences soon after you come back in Feb 2020, you should be ok.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

smartbuddy82
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Re: 180 day Absence for Ext also or for ILR only?

Post by smartbuddy82 » Thu Aug 01, 2019 8:55 pm

marcnath wrote:
Thu Aug 01, 2019 8:34 pm

It is no longer backwards calculation as CR001 pointed out.

But I should correct myself. I talked about 2nd extension based on Feb 2020 being the first entry. I should have corrected it with the first entry in June information. But yes, assuming you don't have any major absences soon after you come back in Feb 2020, you should be ok.
Oh ok so its no more backward counting but it is calculated as ANY 12 months period. So for me, any 12 months period is counted from May (when leave to enter was granted) or June (first entry)?

Sorry but I am a bit confused and worried now for my February 2020 planned movement.

Thanks for your guidance and patience.

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marcnath
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Re: 180 day Absence for Ext also or for ILR only?

Post by marcnath » Thu Aug 01, 2019 9:07 pm

smartbuddy82 wrote:
Thu Aug 01, 2019 8:55 pm
marcnath wrote:
Thu Aug 01, 2019 8:34 pm

It is no longer backwards calculation as CR001 pointed out.

But I should correct myself. I talked about 2nd extension based on Feb 2020 being the first entry. I should have corrected it with the first entry in June information. But yes, assuming you don't have any major absences soon after you come back in Feb 2020, you should be ok.
Oh ok so its no more backward counting but it is calculated as ANY 12 months period. So for me, any 12 months period is counted from May (when leave to enter was granted) or June (first entry)?

Sorry but I am a bit confused and worried now for my February 2020 planned movement.

Thanks for your guidance and patience.
It is still 5 years backward from date of application. It is just not 12 month chunks but continuous period.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

smartbuddy82
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Re: 180 day Absence for Ext also or for ILR only?

Post by smartbuddy82 » Thu Aug 01, 2019 9:44 pm

marcnath wrote:
Thu Aug 01, 2019 9:07 pm
It is still 5 years backward from date of application. It is just not 12 month chunks but continuous period.
Oh Ok, Thanks for the update, appreciate your help and guidance.

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