Page 1 of 1

ILR via Ent Visa route with absences

Posted: Sun May 27, 2018 8:46 pm
by Napoleon77
Hello Forum

I would appreciate if the Forum can help me with answers to the following questions I have below.

I have already spent over 5 years on Entrepreneur Visa (initial plus extension via £50k route) so I believe I can apply for ILR.

I was interviewed during my extension and had to provide additional documents (extra bank statements, contract documents, invoices and receipts) before the approval.

My current Ent Visa expires in Oct 2018.

My history is as follows-

Initial Ent Feb 2013 till Feb 2016
Extension Ent Oct 2018 till Oct 2018

I exceeded the 180 limit on 3 occasions between 2013 and 2015 but have strong medical/legal documents to explain that the absences were because I was a carer to my father who later died.

My questions are as follows-

Is the 180 limit rule waived if an applicant was taking care of a terminally ill close relative outside the UK but still actively running his UK company?

I currently have 1 settled worker who has been with my company since 2015 (over 24 months) can I use the 1 worker for my ILR or I need a 2nd?

IF my ILR is unsuccessful due to the 180 limit, would Home Office automatically consider me for a 2nd 2 year Ent Visa Extension or I would need to apply separately?

Thank you.

Re: ILR via Ent Visa route with absences

Posted: Tue May 29, 2018 1:10 am
by zimba
Is the 180 limit rule waived if an applicant was taking care of a terminally ill close relative outside the UK but still actively running his UK company?
This is at the discretion of HO
I currently have 1 settled worker who has been with my company since 2015 (over 24 months) can I use the 1 worker for my ILR or I need a 2nd?
You simply need 24 months of full time work AFTER your extension was granted
IF my ILR is unsuccessful due to the 180 limit, would Home Office automatically consider me for a 2nd 2 year Ent Visa Extension or I would need to apply separately?
This is at the discretion of HO. I suggest to include a covering letter requesting such discretion in case ILR is not possible

Re: ILR via Ent Visa route with absences

Posted: Tue May 29, 2018 6:44 am
by Napoleon77
Thanks Zimba

Since I got my extension in Oct 2016 does that mean I currently can't apply for ILR since my settled employee would not have accumulated 24 months employment until Oct 2018?

Re: ILR via Ent Visa route with absences

Posted: Tue May 29, 2018 2:06 pm
by zimba
Yes as you need 24 months. You can hire more to apply earlier

Re: ILR via Ent Visa route with absences

Posted: Tue May 29, 2018 9:51 pm
by Napoleon77
Massive thanks Zimba

What type of visa would my current dependents need to apply for?

I intend to apply alone since my dependents have their Entrepreneur dependent visa till Oct 2018. But what happens IF I don't get a positive outcome by Oct 2018?

Re: ILR via Ent Visa route with absences

Posted: Tue May 29, 2018 11:56 pm
by zimba
You all should try to apply together if eligible. If not, they must apply to extend their PBS dependat visas

Re: ILR via Ent Visa route with absences

Posted: Wed May 30, 2018 7:11 am
by Napoleon77
As usual, thanks Zimba for you advise.

Does that mean if I pay £2,389 for my ILR, my dependents can still pay £1,277 each to extend their dependent visa?

Re: ILR via Ent Visa route with absences

Posted: Wed May 30, 2018 1:22 pm
by zimba
yes

Re: ILR via Ent Visa route with absences

Posted: Wed May 30, 2018 4:06 pm
by Napoleon77
Thanks a billion. That should save me some money