Accelerated route to ILR (3 years)

[FMA]

Hello All,

Am not sure if this has been dicussed in some other thread, if so kindly guide me accordingly.

I have applied for my first T1 Entp Extension and awaiting outcome, though I have been able to team up with an existing business and was able to generate 10 empoloyments for more than 1 year, however my continous period/stay in UK was insufficient so I decided not to take a rist and opted applying Extension instead of ILR through AR.

My questions are;

1) Can I can apply ILR using AR with a extension already valid (likely tobe granted).
2) I have been travelling extensively for bsuiness and am not able to meet the minimum requirement of continious period 185 days per year, so can I calim or declare my absences as business travel and still apply for ILR under AR ?


Thanks

[CR001]

What exactly do you mean by "ILR through/under AR"??

AR for immigration purposes refers to Administrative Review after a failed application. Suggest use the correct terminology of accelerated route or just ILR as your topic heading already refers to the route you are looking at.

[marcnath]

Hello All,

Am not sure if this has been dicussed in some other thread, if so kindly guide me accordingly.

I have applied for my first T1 Entp Extension and awaiting outcome, though I have been able to team up with an existing business and was able to generate 10 empoloyments for more than 1 year, however my continous period/stay in UK was insufficient so I decided not to take a rist and opted applying Extension instead of ILR through AR.

My questions are;

1) Can I can apply ILR using AR with a extension already valid (likely tobe granted).
2) I have been travelling extensively for bsuiness and am not able to meet the minimum requirement of continious period 185 days per year, so can I calim or declare my absences as business travel and still apply for ILR under AR ?


Thanks

I assume you are using the term "AR" to refer to accelerated route. as CR001 pointed out, AR is used in this for for administrative route, so please try and stay with the terminology.


1) You can apply for your ILR at any time after you meet the requirements. So, once you get your extension, you can apply for ILR the very same day if you so desire. But I can't see how you would be able to meet the conditions for the ILR until at least a few months after extension in order to meet the "job creation after extension" condition. You can't vary your application as the date of application is the date of the original application and if you did not meet the condition at the time of 1st application, you obviously still don't meet it. If your last leave period has expired, then you can't make a new application either.


2) The guidance is also clear on the absence
Irrespective of the reason(s) for one or more absences from the United Kingdom, they will still be counted towards the maximum 180 days (For further information, see the ‘delayed entry to the UK’ section below). This includes any absences for work reasons, or serious and compelling reasons. The only exception is where you have been absent from the United Kingdom assisting with the Ebola crisis which began in West Africa in 2014 and you can provide evidence that this was the purpose of the absence

[FMA]

Hello All,

Am not sure if this has been dicussed in some other thread, if so kindly guide me accordingly.

I have applied for my first T1 Entp Extension and awaiting outcome, though I have been able to team up with an existing business and was able to generate 10 empoloyments for more than 1 year, however my continous period/stay in UK was insufficient so I decided not to take a rist and opted applying Extension instead of ILR through AR.

My questions are;

1) Can I can apply ILR using AR with a extension already valid (likely tobe granted).
2) I have been travelling extensively for bsuiness and am not able to meet the minimum requirement of continious period 185 days per year, so can I calim or declare my absences as business travel and still apply for ILR under AR ?


Thanks

I assume you are using the term "AR" to refer to accelerated route. as CR001 pointed out, AR is used in this for for administrative route, so please try and stay with the terminology.


1) You can apply for your ILR at any time after you meet the requirements. So, once you get your extension, you can apply for ILR the very same day if you so desire. But I can't see how you would be able to meet the conditions for the ILR until at least a few months after extension in order to meet the "job creation after extension" condition. You can't vary your application as the date of application is the date of the original application and if you did not meet the condition at the time of 1st application, you obviously still don't meet it. If your last leave period has expired, then you can't make a new application either.


2) The guidance is also clear on the absence
Irrespective of the reason(s) for one or more absences from the United Kingdom, they will still be counted towards the maximum 180 days (For further information, see the ‘delayed entry to the UK’ section below). This includes any absences for work reasons, or serious and compelling reasons. The only exception is where you have been absent from the United Kingdom assisting with the Ebola crisis which began in West Africa in 2014 and you can provide evidence that this was the purpose of the absence

Hi CR001 and Marcnath

I regret this overlook and mixing termininoloy of AR, yes indeed from AR I actually meant Accelerated Route.

What I understand that Privilige of Accerlerated Route is available to claim ILR in 3 years after complying either Turnover or Employment condition, and provided continous period is also met.
My question was actually, whether this 3 years benifit is only available for first three year (1 - 3) or this can be used for any three years (e.g. 2 - 4 or 3 - 5) once I'm able to meet all conditions for ILR under Accerlerated Route.
As stated in my earlier post, I have been travelling extensively for intial 2 years and was heavily short of required continuous/residence period in UK. That was the reason I applied for extension even though I was meeting criteria of creating 10 jobs for over 1 year during intial grant.
My travel was purely for business and I wonder if Enterprenure visa holders are constraint to travel for promotion or development of their business which in some trade is inevitable for the surrvival/success of the investment the applicants make.

[marcnath]

If I recall correctly, the government recognised that more travel may be needed for entrepreneurs and increased the travel days to 180 (much higher than other visas). I don't know if there have been cases that they made exceptions to that.

[marcnath]

My question was actually, whether this 3 years benifit is only available for first three year (1 - 3) or this can be used for any three years (e.g. 2 - 4 or 3 - 5) once I'm able to meet all conditions for ILR under Accerlerated Route.

Yes, you can apply anytime you meet the criteria, so you don't need to wait 5 years.

But, it is the extension criteria that you must meet, which means you must have created 2 jobs during the period of your last leave (from extension date)

The relevant guideline is :

If you make an application for indefinite leave to remain through the accelerated route, on the basis of the creation of 10 jobs having already been granted a further 2 years leave at extension, and wish to rely on the same 2 jobs created during your initial leave (as part of the 10 jobs requirement or as part of the 2 jobs requirement), these jobs must be maintained for at least 12 months during your extension in order to be counted.