Tier 1 (Entrepreneur) 5 years route to ILR

[MJA411]

Hello,

I have taken the 5 years route after my initial 3 years when I was granted Tier 1 (Entrepreneur) in Feb 2012. I applied for a 2 years extension in June 2015 and it was approved by the HO. However, this year I spoke to my lawyer about applying for ILR and I was given the green light to go for it, I have 6 dependants who have been living in the UK since Feb 2012.

So my question here is that after my first extension I have been going out and coming back to the UK for a while and I believe I am 100-250 days over the limit (180 days per year). I also included multiple reasons in my application as to why I couldn't be in the UK for a specific period of time, I had a chat with my lawyer about it and he wrote up a legal representation explaining why I was not in the UK during certain period. However, all my dependants are currently living in the UK and never left the UK for over 30 days.

Would a business contracts and invoices showing an income to my business based in the UK count as a solid excuse to explains my leave from the UK? or do I need to include further documents, because I have an overseas contract that requires me to be outside the UK for quite sometimes and I have already included all that in my application and reviewed it with my lawyer before sending in the application. I also did attach few pictures showing the business deals I had overseas and everyone involved including myself.

The lawyer made it clear that in case my application did not meet the HO requirements all the dependants applications would be rejected too, does this include those who are over 18 too?

All I am asking here is to hear about someone who actually went through the same situation as me and learn about how it turns up for them.

Application sent: 20 June 2017
Application received by HO: 21 June 2017
Payment taken by HO: 27 June 2017
Acknowledgement letter: awaiting
Biometric letter: awaiting

Thanks!

[zimba]

You have been misled by your lawyer to think that discretion will be applied where as your absences of more than 180 days per year made you ineligible for ILR. You should have applied for a second extension instead and then applied for ILR in two years when eligible.
The PBS dependants cannot be granted ILR unless you are granted ILR.

[MJA411]

Thanks Zimba, although I read either on this forum or another one about someone with almost the same case and they have been granted ILR even though the person did not met the eligibility for their stay. Were those people just lucky to get away with it or it depends on your reasons? plus if I wish to go for an extension I only need to cover the 100-250 missing days then I can go for ILR before my extension expires right? Thanks.

[marcnath]

Thanks Zimba, although I read either on this forum or another one about someone with almost the same case and they have been granted ILR even though the person did not met the eligibility for their stay. Were those people just lucky to get away with it or it depends on your reasons? plus if I wish to go for an extension I only need to cover the 100-250 missing days then I can go for ILR before my extension expires right? Thanks.

Let's see if any of those who did get accepted with this reply and what the variation was. I would say they were lucky.
There is not much discretion on the 180 days given that T1E is already quite flexible is not requiring to submit reasons, etc.
If you have already submitted the application, you would have listed all the absences and counted the exact number. What is the actual number ? You can't have been 250 days over the limit of 180 days - there is not that many days in a year !

[CR001]

It might be helpful if you posted all your absence with dates for anyone to offer advice.