Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Tier 1 Entrepreneur Extension with Absence

Only for UK Tier 1 (Entrepreneur) points system

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Sun Apr 15, 2018 1:16 pm

Dear Community,
Appreciate helping out regarding this matter,

T 1 Ent visa was issued in Oct 2015 and is valid until Feb 2019

Landed in UK in Nov 2016

1st Year Oct 2015 to Oct 2016 -- Absence Days 14
2nd Year Oct 2016 to Oct 2017 -- Absence Days 37
3rd Year Oct 2017 to Oct 2018 -- Absence Days 153 (these are likely to reach 241 days)

Now my extension would be due from Oct 2018

Q.1 --- I couldnt see any column in Extension Application therefore would my this Long Absence be Noted / Considered towards Decision of my Extension?

Q.2. --- If i would apply for my extension in Oct 2018 and incase extension is granted would this extension be applicable from Oct 2018 or it would be effective from Feb 2019 (this is my visa validity date)?

I shall be looking forward for an expert help from respected seniors.

Thanking you all in anticipation

User avatar
marcnath
Moderator
Posts: 4046
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1 Entrepreneur Extension with Absence

Post by marcnath » Sun Apr 15, 2018 8:04 pm

helpmehelpall wrote:
Sun Apr 15, 2018 1:16 pm
Dear Community,
Appreciate helping out regarding this matter,

T 1 Ent visa was issued in Oct 2015 and is valid until Feb 2019

Landed in UK in Nov 2016

1st Year Oct 2015 to Oct 2016 -- Absence Days 14
2nd Year Oct 2016 to Oct 2017 -- Absence Days 37
3rd Year Oct 2017 to Oct 2018 -- Absence Days 153 (these are likely to reach 241 days)

Now my extension would be due from Oct 2018

Q.1 --- I couldnt see any column in Extension Application therefore would my this Long Absence be Noted / Considered towards Decision of my Extension?

Q.2. --- If i would apply for my extension in Oct 2018 and incase extension is granted would this extension be applicable from Oct 2018 or it would be effective from Feb 2019 (this is my visa validity date)?

I shall be looking forward for an expert help from respected seniors.

Thanking you all in anticipation
1. Your absence will not impact your extension on its own. It is only any issue for your ILR.
2. Any extension will be for 2 years from date extension is granted. It has no dependence on your application date or the expiry of your current visa
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.

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Mon Apr 16, 2018 8:09 am

Dear Marcnath, Thanks alot for clarification.

My Extension with Absence is now clear, Appreciated

To catch up my ILR, in this case my Discontinued Stay would Start from Date of Extension?

Then i would have to Complete another 5 Continuous Years?

After Extension it would be Limited to 2 Years therefore whatever supporting evidences i would be submitting that would be vanished so then how would i be able to catch up ILR if i would create 10 x jobs during my extension (my 4th Year starting from Oct 2018 there wouldnt be any absence whereas my extension may end before next 3 years --- how can i catch up my ILR considering 3 years (please note that these are 3 x years after my initial 3 years) to create 10 x jobs but unfortunately if extension is granted considering my current tenure maturity i.e. Feb 2019 then whole situation would be changed)

Then my time line would likely be shaping up like this.

First Three Years 2015 - 2018 (Null & Void towards ILR due to Absences)

First Extension Years 2019-2020 (2 years)

Second Extension Years 2021-2023 (2 years)

Third Extension Years 2023-2024 (2 years) ---- that means i would qualify for ILR in 3rd Extension

Appreciate helping me out on above explained scenario so that i can makeup my mind accordingly.

Looking forward for your sincere support.

Thanking you all in anticipation

User avatar
marcnath
Moderator
Posts: 4046
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1 Entrepreneur Extension with Absence

Post by marcnath » Mon Apr 16, 2018 10:46 am

The 5 year period used to calculate absence is always calculated back from the date of your ILR application - it has nothing to do directly with your extension date.
So it depends on when you will have a continuous period of 5 years with less than 180 days within a 12 month period.
So, let's assume you get your 240 days of travel done in July 2018 and don't have any significantly large travel after that - then you would qualify for ILR somewhere around Jan 2023.
Basically, if you apply in Jan 2023, you will calculate absences in the 5 year period leading to Jan 2023 - i.e. from Feb 2018 to Jan 2013. And since you can have up to 180 days, your absence from Feb 2018 to July 2018 is unlikely to be more than 180 days.

I created a tool to calculate 180 day absence (indefinite-leave-to-remain/180-day-cont ... 52996.html). Was not meant for your kind of situation but it could be used for that with a little interprettion
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.

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Mon Apr 16, 2018 12:03 pm

Dear Respected Marcnath, Thanks alot for your detailed response highly appreciated indeed.

Can i apply extension from outside UK? Meanwhile my family is in UK and i can apply for their Extension after receiving mine.

I have my other business commitments due to which it wouldnt be possible for me to go back to UK and then Submit my Passport followed by an unexpected wait time, can i apply extension from outside UK?

Appreciate your kind guidance.

Please note that i have a proper business setup and everything is in full compliant.

Thanks in advance

User avatar
marcnath
Moderator
Posts: 4046
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1 Entrepreneur Extension with Absence

Post by marcnath » Mon Apr 16, 2018 1:52 pm

helpmehelpall wrote:
Mon Apr 16, 2018 12:03 pm
Dear Respected Marcnath, Thanks alot for your detailed response highly appreciated indeed.

Can i apply extension from outside UK? Meanwhile my family is in UK and i can apply for their Extension after receiving mine.

I have my other business commitments due to which it wouldnt be possible for me to go back to UK and then Submit my Passport followed by an unexpected wait time, can i apply extension from outside UK?

Appreciate your kind guidance.

Please note that i have a proper business setup and everything is in full compliant.

Thanks in advance
As per gov.uk, you can extend your visa if you are outside uk - https://www.gov.uk/tier-1-entrepreneur/extend-your-visa. Note that the extension may take considerable amount of time (members here have been waiting for over a year) and you won't be able to travel in that period and it will add on to your absence outside UK
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.

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Mon Apr 16, 2018 2:31 pm

Thanks alot Marcnath,

Now its clear to me that Applying an Extension from Outside UK is not advisable due to unexpected timeline that would restrict my travel due to submission of my passport etc.

How much is the expense of Extension

We are Total 5 x Family Members (Self+Spouse+3 x Kids).

Total Fee Needed for 5 x Applicants
Total Health Surcharge Amount Needed for 5 x Applicants
Total Maintenance Fund Needed for 5 x Applicants

Looking forward for sincere support of all Respected Community Members towards creating an easy understanding of the process.

Thanks to all in Advance for HelpMeHelpAll

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Tue Apr 17, 2018 5:47 pm

Dear Community,

Appreciate your kind support on above requested matter.

Thanking you all in anticipation

User avatar
marcnath
Moderator
Posts: 4046
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1 Entrepreneur Extension with Absence

Post by marcnath » Tue Apr 17, 2018 7:19 pm

helpmehelpall wrote:
Tue Apr 17, 2018 5:47 pm
Dear Community,

Appreciate your kind support on above requested matter.

Thanking you all in anticipation
Fees can be found at https://www.legislation.gov.uk/uksi/201 ... aph/2/made

There is a topic for fees pinned at the top of this forum.
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.

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Wed Apr 18, 2018 8:01 am

marcnath wrote:
Tue Apr 17, 2018 7:19 pm
helpmehelpall wrote:
Tue Apr 17, 2018 5:47 pm
Dear Community,

Appreciate your kind support on above requested matter.

Thanking you all in anticipation
Fees can be found at https://www.legislation.gov.uk/uksi/201 ... aph/2/made

There is a topic for fees pinned at the top of this forum.
Thanks alot Dear, highly appreciated

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Wed Apr 18, 2018 8:58 am

Dear Friends,

I had explained my scenario above.

Can it be possible that (with due absence) - from Oct 2018 on wards

Track - 1 : to complete 5 years from Oct 2018 for ILR (this is clearly understood)

Track - 2 : to have 10 x Jobs and go for 3 years track (can it be possible because its written in T 1 Ent Policy that an entrepreneur can apply for ILR if he is able to show 10 x jobs condition)

The question is that is it possible because i had already spent 3 years with absence as explained above --- so these 3 years stands NULL & VOID towards ILR

Now i want to avail the coming 3 years instead of going for 5 years track --- logically it makes sense BUT can it be possible to avail this in my scenario?

I am not placing this Query in ILR thread because i want that whole community should First Understand my Scenario explained above and then Advise / Share their Expert Opinions.

I shall be looking forward for your kind responses dears.

Thanking you all in advance

User avatar
marcnath
Moderator
Posts: 4046
Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Tier 1 Entrepreneur Extension with Absence

Post by marcnath » Wed Apr 18, 2018 9:43 am

helpmehelpall wrote:
Wed Apr 18, 2018 8:58 am
Dear Friends,

I had explained my scenario above.

Can it be possible that (with due absence) - from Oct 2018 on wards

Track - 1 : to complete 5 years from Oct 2018 for ILR (this is clearly understood)

Track - 2 : to have 10 x Jobs and go for 3 years track (can it be possible because its written in T 1 Ent Policy that an entrepreneur can apply for ILR if he is able to show 10 x jobs condition)

The question is that is it possible because i had already spent 3 years with absence as explained above --- so these 3 years stands NULL & VOID towards ILR

Now i want to avail the coming 3 years instead of going for 5 years track --- logically it makes sense BUT can it be possible to avail this in my scenario?

I am not placing this Query in ILR thread because i want that whole community should First Understand my Scenario explained above and then Advise / Share their Expert Opinions.

I shall be looking forward for your kind responses dears.

Thanking you all in advance
Yes, you can apply for 3 year ILR at any time you have completed 3 years of continuous stay. The 10 jobs (of 12 months each) should be in the latest extension period unless you are applying within 12 months of any extension grant - in which case the 10 jobs should be in the 12 months before application date.
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.

helpmehelpall
Newly Registered
Posts: 14
Joined: Sun Apr 15, 2018 12:54 pm

Re: Tier 1 Entrepreneur Extension with Absence

Post by helpmehelpall » Thu Apr 19, 2018 7:31 am

Dear Marcnath,

I have no words to THANK YOU for your Sincere Advise, infact i am completely Novice in immigration matters thus a friend had directed me to share my queries at this GREAT Forum where i can have feedback from GURUS.

Highly highly appreciated for your Valuable Advises.

Thanks

Post Reply
cron