Tier 1 Exceptional Talent Visa - 6 months absence term clarification

Hello,

I received my Tier 1 exceptional talent visa by December 2018 along with my spouse (dependent). We visited Uk and collected our BRP (VISA is granted for 5 years and 4 months). Our plan was to move to UK permanently from April, 2019.

But I have a situation now where I may not be able to move there till April, 2020 due to unavoidable medical reasons.

When referred home office policy guidance (https://www.gov.uk/government/publicati ... nal-talent), there is term for 6 months absence during a rolling year may disqualify us from settling in UK or we may not enter UK as our VISA may expire (my doubt).

But since I'm endorsed under 'Exceptional Talent' I have to continuously live for 3 years to qualify for the PR and we have 5 years time (Visa duration). My concern is whether Border control might stop us entering when we move in April, 2020 and whether my Settlement criteria will be disqualified.

Would like to understand how can I handle this situation and ensure I'm not loosing my VISA validity and ensure no issue form Border Control. Is there a way I can get Home Office to approve this? Or any other options available?

Please share your views...

Thank you very much!

Your ILR as the main Tier 1 visa will be based on 3 years and you need to meet the absence requirement for that.

Your dependent needs 5 yeas residence for ILR and will be subject to the 180 days absence limit and their clock for ILR will therefore only start from the date they return to the UK in April 2020. Dependent will then likely require an additional extension for 3 years.

The other issue you might have is whether your endorsement will remain in place for another year when you are out of the UK. You require this endorsement to still be in place for ILR and working in the field you were endorsed in.

https://www.gov.uk/settle-in-the-uk/y/y ... alent-visa

still be endorsed by the organisation that gave you the letter of endorsement to get a visa
still be doing paid work in the field you came to the UK to work in

Thanks for the details. Understood the dependent Visa terms.

Please give your advices on following concerns as well:

Our last travel date was 20th December to 31st December, 2018. If I travel back (only me) by early June (Let's say by 3rd of June) and return in a week, Will the 'Absence Clock" again tick from June Or will it be calculated from my previous travel date in December?

If I'm outside UK for accumulated 180 days, will my VISA will be expired or If I travel like above and keep it active till I move permanently by April, 2020 (travel once in 6 months or within 180 days)...?

And please advise any formal ways available (Home Office) to formally kick start our clock from April, 2020 for 5 years? Through some formal way of applying and getting approval?

Thanks.