ILR for tier 1 entrepreneur

[Aaina]

Hi,
The initial grant for tier 1 entrepreneur is 3 years 4 months and after extension another grant of 2 years is given.

Does this mean tier 1 entrepreneur can apply for ILR at 5 years 4months (28 days before ofcourse) or can they apply after 5 years of getting their first leave to enter.

Thanks
Aaina

[marcnath]

Hi,
The initial grant for tier 1 entrepreneur is 3 years 4 months and after extension another grant of 2 years is given.

Does this mean tier 1 entrepreneur can apply for ILR at 5 years 4months (28 days before ofcourse) or can they apply after 5 years of getting their first leave to enter.

Thanks
Aaina

They can apply at 5 years from visa grant date (assuming all other conditions are met)

[Anontier1]

The initial grant dated in the 3 years 4 months visa?

[bizman]

Five years from date of grant of your initial visa

[Aaina]

Thanks All,

I have queries related to the absence rules, I will start the topic in the ILR subforum.

Regards
Aaina

[Aaina]

Sorry Just realised this is an ILR subforum..

Okay so my query is regarding the new rolling basis that has come into play for tier 1 entrepreneur.

This is the situation for my dad and as he spends 6 months here and 6 months in India as he has a business there as well. We are a bit anxious about the changes.

Ques1) Can we now safely say that there is no total absence mentioned in the rules over a 5 year period. I know its more than 180 days in a year that a person cant be absent from the UK.

Ques2) Are these how the rule will work

Tier 1 Enterpreneur Leave Granted From 26 /09/17
ILR Application Date -26/09/22 (5 years from 2017)
Second Leave: Rolling Basis 26/09/20 to 25/09/22 New Rules will apply
First Leave : Previous rules
(consecutive 12 month blocks) First Leave - 26/09/17 to 25/09/20 As this reg came in place on 11 Jan18, as per the guidance old rules will apply for the first leave which was granted before.

Thanks
Aaina

[marcnath]

Sorry Just realised this is an ILR subforum..

Okay so my query is regarding the new rolling basis that has come into play for tier 1 entrepreneur.

This is the situation for my dad and as he spends 6 months here and 6 months in India as he has a business there as well. We are a bit anxious about the changes.

Ques1) Can we now safely say that there is no total absence mentioned in the rules over a 5 year period. I know its more than 180 days in a year that a person cant be absent from the UK.

Ques2) Are these how the rule will work

Tier 1 Enterpreneur Leave Granted From 26 /09/17
ILR Application Date -26/09/22 (5 years from 2017)
Second Leave: Rolling Basis 26/09/20 to 25/09/22 New Rules will apply
First Leave : Previous rules
(consecutive 12 month blocks) First Leave - 26/09/17 to 25/09/20 As this reg came in place on 11 Jan18, as per the guidance old rules will apply for the first leave which was granted before.

Thanks
Aaina

Your assumptions are correct, even if the second extension date start on 26/9/20 is unrealistic

[Aaina]

Thank you Marcnath This is great.. Its such a weight off my shoulders!as I need to research all this for him. phew!

So he can continue to calculate his absences till 26th Sep 2020 based on consecutive 12 moths periods, after which he will need to be careful about that rolling basis thing as the visa officers can calculate any time in 12 months.

On that note, I was also using the sheet that you had developed that gives OK and NOK. I was putting his absences, but it gave one NOK even though the absences were lesser than 180 days in a year. I am assuming the formulaes won't cater to cases like us where the duration is a mixture of old rule and a new rule isn't it?

I am putting his stay periods below, I had made such a nice table in excel but the formatting gets lost when I paste it so I will try and align it for simplicity.

Tier 1 Entrepreneur Visa granted starting 26/09/17

1st year Period (26/09/2017 to 25/09/2018 =365 days)

Arrival to UK Departure from UK Days within UK
26/09/2017 20/11/2017 56
27/12/2017 05/03/2018 69
18/06/2018 28/08/2018 72
197 days inside UK 168 days outside UK

2nd Year Period (26/09/2018 - 25/09/2019= 365 days)


Arrival to UK Departure from UK Days within UK
04/10/2018 29/11/2018 57
31/01/2019 02/04/2019 62
23/05/2019 07/07/2019 46
14/07/2019 11/08/2019 28
193 days inside UK 172 days outside

I am sure others have many a times said this to you, such a fab job you guys are doing advising us. Means a lot:-) Kudos!

[Aaina]

Hi Marcnath,
"Your assumptions are correct, even if the second extension date start on 26/9/20 is unrealistic "

My reply -

Lol, yes he will get the first extension (fingers crossed) after 3 years 4 months. I was referring to the ILR calculation counting backwards from 5 years..then that should be okay??its how they will divide the time period right? Thanks again

[marcnath]

Thank you Marcnath This is great.. Its such a weight off my shoulders!as I need to research all this for him. phew!

So he can continue to calculate his absences till 26th Sep 2020 based on consecutive 12 moths periods, after which he will need to be careful about that rolling basis thing as the visa officers can calculate any time in 12 months.

On that note, I was also using the sheet that you had developed that gives OK and NOK. I was putting his absences, but it gave one NOK even though the absences were lesser than 180 days in a year. I am assuming the formulaes won't cater to cases like us where the duration is a mixture of old rule and a new rule isn't it?

I am putting his stay periods below, I had made such a nice table in excel but the formatting gets lost when I paste it so I will try and align it for simplicity.

Tier 1 Entrepreneur Visa granted starting 26/09/17

1st year Period (26/09/2017 to 25/09/2018 =365 days)

Arrival to UK Departure from UK Days within UK
26/09/2017 20/11/2017 56
27/12/2017 05/03/2018 69
18/06/2018 28/08/2018 72
197 days inside UK 168 days outside UK

2nd Year Period (26/09/2018 - 25/09/2019= 365 days)


Arrival to UK Departure from UK Days within UK
04/10/2018 29/11/2018 57
31/01/2019 02/04/2019 62
23/05/2019 07/07/2019 46
14/07/2019 11/08/2019 28
193 days inside UK 172 days outside

I am sure others have many a times said this to you, such a fab job you guys are doing advising us. Means a lot:-) Kudos!

Yes, the Excel only caters for the new rule. And it is not perfect - just a quick check which highlights potential areas to check further manually.

[marcnath]

Hi Marcnath,
"Your assumptions are correct, even if the second extension date start on 26/9/20 is unrealistic "

My reply -

Lol, yes he will get the first extension (fingers crossed) after 3 years 4 months. I was referring to the ILR calculation counting backwards from 5 years..then that should be okay??its how they will divide the time period right? Thanks again

Yes, it will be backwards from application date.

[Aaina]

Thanks ever so much marcnath

[aman90]

The applicant can apply for extension any time from completing 3 years to the date of his current visa expiry. So not necessarily by completing 3 years and 4 months.

The rolling basis is calculated from applications submitted and approved after 01/18. And to be clear no more than 180 days in any 12 month period..

Extension applications normally take 7-8 weeks but can go up to a couple of years by which time the applicant is eligible for ILR and hence can sometimes vary from EXT to ILR if a decision hasn’t been reached( on ext application)

It’s in his best interest that the 2 jobs @30hrs per week @12 months continue during this time.

It’s also in his best interest if you regularly/occasionally check this forum and tier 1 ENT guidance as rules have the propensity to change every year( new additions) so you can help him pre empt.

A number of applicants have been caught off guard by changes which have put a spanner In their applying for ILR amongst other issues.

[Aaina]

Thanks Aman90, I wasn't aware that they can apply anytime after completing 3 years. Is this mentioned somewhere in the guidance? I have only read "28 days before" in certain pages but that could be more for ILR I assume.

You mentioned - The rolling basis is calculated from applications submitted and approved after 01/18. And to be clear no more than 180 days in any 12 month period..

Since he got his tier 1 initial visa before (26th Sep 2017), so it will be blocks of 12 months correct? and not rolling??
but second extension will be after rolling came into place - so that will be rolling.

I must admit the new guidance is very confusing.
Thanks
Aaina

[marcnath]

Thanks Aman90, I wasn't aware that they can apply anytime after completing 3 years. Is this mentioned somewhere in the guidance? I have only read "28 days before" in certain pages but that could be more for ILR I assume.

You mentioned - The rolling basis is calculated from applications submitted and approved after 01/18. And to be clear no more than 180 days in any 12 month period..

Since he got his tier 1 initial visa before (26th Sep 2017), so it will be blocks of 12 months correct? and not rolling??
but second extension will be after rolling came into place - so that will be rolling.

I must admit the new guidance is very confusing.
Thanks
Aaina

Actually, there is no 3 year requirement either.

You could apply for extension even after 1 year once you meet the job requirements. But that would make no sense as you will not qualify for ILR (which needs total of 5 years) in that extension. So generally it is recommended that you apply within 28 days of expiry (or 3 years) to ensure that the extension will cover ILR qualification period.

The strict requirement of 28 days only apply to ILR applications.

You are correct on the absence calculations.

[aman90]

I must admit the new guidance is very confusing.
Thanks
Aaina

Some things aren’t mentioned in the guidance but as Marcnath explained one needs to complete 5 years for ILR 3 years initial visa and 2 years extension. I applied on the last day of my 3 yr 4 months..ext was approved in 7 weeks luckily.. I still had 6 months left in my extension visa when I applied for ILR.
The absences is pretty clearly stated in the guidance:
“For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your 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 same date as you make your settlement application.
For example:
You apply for settlement on 30 June 2020. Your 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. We will not include any absences from the previous grant of leave when we assess this.”

[Aaina]

That's great, Thank you Aman.

[bizman]

I must admit the new guidance is very confusing.
Thanks
Aaina

Some things aren’t mentioned in the guidance but as Marcnath explained one needs to complete 5 years for ILR 3 years initial visa and 2 years extension. I applied on the last day of my 3 yr 4 months..ext was approved in 7 weeks luckily.. I still had 6 months left in my extension visa when I applied for ILR.
The absences is pretty clearly stated in the guidance:
“For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your 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 same date as you make your settlement application.
For example:
You apply for settlement on 30 June 2020. Your 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. We will not include any absences from the previous grant of leave when we assess this.”

Does it mean if your extension is granted in December 2017, you will use the old yearly system, please clarify.

[marcnath]

I must admit the new guidance is very confusing.
Thanks
Aaina

Some things aren’t mentioned in the guidance but as Marcnath explained one needs to complete 5 years for ILR 3 years initial visa and 2 years extension. I applied on the last day of my 3 yr 4 months..ext was approved in 7 weeks luckily.. I still had 6 months left in my extension visa when I applied for ILR.
The absences is pretty clearly stated in the guidance:
“For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your 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 same date as you make your settlement application.
For example:
You apply for settlement on 30 June 2020. Your 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. We will not include any absences from the previous grant of leave when we assess this.”

Does it mean if your extension is granted in December 2017, you will use the old yearly system, please clarify.

That is correct

[bizman]

Thanks Macnath