T1 Entrepreneur for ILR

[AmzLo]

Hi all,

I have consulted two solicitors for their advice and have come across two different answers to my queries too! Please find below a brief introduction of our current immigration status and our concerns, please share your thoughts and knowledge, and with reference if possible; so i can atleast have a rough idea about which direction to go!

We are an entrepreneur team of 2 applicants on extension at the moment, both the applicants are eligible for ILR on a 5 year route however one of the applicants - Applicant A - exceeds the 180 days of absentees allowance outside UK (in 5 year history that allows 180 days absentees outside the uk each year and no more than 90 days absentees outside the uk in last 12 months prior to the application, the applicant exceeds year 1 and 2 by 50-70 days both years but remains within the granted limit for rest 3 years); hence is advised not to take the risk of rejection for ILR but instead consider further extension, however, the other applicant B meets the requirements for ILR.

1) Is it possible for the applicants to apply separately for different visas (ILR & Extension) on a different time scales (3-6 months difference) without having to break off the team as both the applications will be made on the common grounds of Entrepreneur team (Business, investments etc).

2) In case it is possible to pursue the visa status opportunities as they qualify, would it effect either party's immigration status or future applications?

3) Is it possible for the applicant B to apply for his ILR individually without his partner A (Entrepreneur team)?

4) Does that take away the "Entrepreneur Team" status and hence the sharing of the same documents such as investments, employment job creations, hmrc taxes etc?

5) Could applicant A apply for another extension instead? (To overcome his absentees) until fully eligible for ILR?

Please feel free to share any guidance notes or relevant guides, i am happy to read extensively for that matter.

Many thanks!

[zimba]

1) Is it possible for the applicants to apply separately for different visas (ILR & Extension) on a different time scales (3-6 months difference) without having to break off the team as both the applications will be made on the common grounds of Entrepreneur team (Business, investments etc).

Break off what ??? Team members applications are SEPARATE but they can share investment and job creation evidence, that is all.

2) In case it is possible to pursue the visa status opportunities as they qualify, would it effect either party's immigration status or future applications?

There is no 'they'. Each team member's immigration history is separate. One will apply for ILR and the other applies for a second extension.

3) Is it possible for the applicant B to apply for his ILR individually without his partner A (Entrepreneur team)?

Yes, as I said your applications are not linked at all

4) Does that take away the "Entrepreneur Team" status and hence the sharing of the same documents such as investments, employment job creations, hmrc taxes etc?

No, evidence can simply be shared. AGAIN, applications remain separate

5) Could applicant A apply for another extension instead? (To overcome his absentees) until fully eligible for ILR?

Yes

[seasky]

90 days last year -is not- an ILR limitation

it is a naturalisation limitation

[AmzLo]

Thank you so much for your kind advice.

Could I ask whether the qualifying period of 5 years for ILR is counted from the DATE OF VISA GRANTED or from the DATE OF ENTRY CLEARANCE?

Although as far as to my knowledge and according to the the application questions, it counts from the date of entry however I am confused as I may have read in the guidance notes that it can be counted from the date of visa grant (Not sure if that was under any certain conditions or circumstances).

I have two months gap between the visa granted date and entry date, ideally I am looking for room to apply ASAP.

Please share your advice.

Many thanks

[CR001]

Visa issue date.