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Getting 3 years ILR on Exceptional Talent

Only for the Global Talent visa, formerly known as Tier 1 (Exceptional Talent) visa

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MartinMorrison
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Joined: Tue Nov 09, 2010 8:33 am
South Africa

Getting 3 years ILR on Exceptional Talent

Post by MartinMorrison » Sun Jun 16, 2019 2:47 pm

Hi guys,

I am from South Africa and running a startup between the UK and South Africa. Our business model relies on us employing a lot of people in South Africa. As such, I need to travel back to South Africa a lot but I have read the rules and been advised that I can't really get an exemption for this time out the UK (would appreciate if anyone knows otherwise...)

I was granted an Exceptional Talent visa for 5 years on the 16th of June 2017. Prior to that I was on Graduate Entrepreneur for a year which I understand doesn't count towards 5 year ILR.

In early 2018 I became aware that they had created a 3 year track to residency with Exceptional Talent which was great, but they changed ILR calculations for continuous residency for 180 days in any rolling 12 month period rather than in 12 month 'blocks'. I had to go back to South Africa for the startup for a long period from October 2017 to April 2018. I took immigration advice and realised I could just start accruing my 3 years later in my 5 year permit, as it seemed I had 'lost' the first year of accruing leave.

I just now noticed that in June 2018 they introduced a transitionary arrangement, but the wording doesn't make sense to me from https://assets.publishing.service.gov.u ... -v18.0.pdf, ie:

For settlement applications made from 11 January 2018, you must consider
absences from the UK on a rolling basis, rather than in separate consecutive 12-
month periods. If the applicants qualifying period includes leave granted before this
date, any absences during that leave will be considered under the previous rules – in
separate 12-month periods ending on the date of application.
For example:
The application date is 30 June 2020. The applicant’s continuous period includes
the following grants of leave:
• one grant of leave from 1 July 2015 to 28 July 2018 – any absences during this
grant of leave will be considered in separate 12-month periods, ending on 30
June each year
• one grant of leave from 29 July 2018 to 30 June 2020 – any absences during
this grant of leave will be considered on a rolling basis: you must not include
any absences from the previous grant of leave when you assess this

Does this mean:
1) In my case, because my permit was granted in June 2017, my periods for leave will be counted in 12 month 'blocks' for the entire period of my permit (until 2022), ie I should never look at rolling 12 months period?
2) OR , only the period June 2017 to June 2018 should be assessed as a 'block', and periods thereafter should be held to the 180 day rolling rule? If so, what about rolling 12 months period that fall in the June 2017 to June 2018 period (ie if you are looking back 12 months from July 2018, it includes 11 months of that period...)

Thanks so much!

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marcnath
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Location: Milton Keynes

Re: Getting 3 years ILR on Exceptional Talent

Post by marcnath » Sun Jun 16, 2019 3:03 pm

It is 1)
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.

MartinMorrison
Newly Registered
Posts: 15
Joined: Tue Nov 09, 2010 8:33 am
South Africa

Re: Getting 3 years ILR on Exceptional Talent

Post by MartinMorrison » Sun Jun 16, 2019 3:21 pm

Hi,

Thanks for this

The problem is, I just crunched the numbers and I'm way over:
- In the 12 month period June 17 to June 18, I spent approximately 284 days out the UK
- In the next 12 month period June 18 to June 19, I spent approximately 285 days out the UK

I'm now back in London to decide what my next steps are.

Would my subsequent periods then now be considered on only a rolling period, because none of the period I am trying to claim for towards qualifying period falls before Jan 2018?

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marcnath
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Location: Milton Keynes

Re: Getting 3 years ILR on Exceptional Talent

Post by marcnath » Sun Jun 16, 2019 8:41 pm

The 12 month blocks are calculated backwards from date of application.
So when you apply in June 2022, it is the three years from June 2019 that count.

You could potentially apply in Jan 2022 or thereabouts, using the maximum 180 days in the first year
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.

MartinMorrison
Newly Registered
Posts: 15
Joined: Tue Nov 09, 2010 8:33 am
South Africa

Re: Getting 3 years ILR on Exceptional Talent

Post by MartinMorrison » Mon Jun 17, 2019 10:21 am

Okay, so if I work back from June 2022 my qualifying period will only start June 2019. That is after the Jan 2018 'transitionary period'. So is my time away calculated in blocks still, or rolling 12 months?

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marcnath
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Joined: Tue Jul 03, 2012 2:27 pm
Location: Milton Keynes

Re: Getting 3 years ILR on Exceptional Talent

Post by marcnath » Mon Jun 17, 2019 2:45 pm

MartinMorrison wrote:
Mon Jun 17, 2019 10:21 am
Okay, so if I work back from June 2022 my qualifying period will only start June 2019. That is after the Jan 2018 'transitionary period'. So is my time away calculated in blocks still, or rolling 12 months?
It is still blocks as your visa was granted before Jan 2018
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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