T1 Ent applying for ILR and Absence

[Aab1988]

[quote="Aab1988"]Hi,

No single absence must be more than 90 days ?

Does that means that if someone has stayed abroad for 90 days (single absence)his continuous residency will be broken but has stayed less than 180 days outside the country ?

[marcnath]

Hi,

No single absence must be more than 90 days ?

Does that means that if someone has stayed abroad for 90 days (single absence)his continuous residency will be broken ?

This 90 days reference is for the exception, not for the absences where discretion is not needed.

So, my interpretation of this for your case would be as follows:
Let's say you were applying around 15th September, then you would have more than 180 days in total in a year over two separate breaks. Less than 180 days until March 2013 and 90 days (actually 88 days, I think) between June and Sept 2013.
It is possible you could then have requested for discretion and asked that the 90 days between June and Sept would be disregarded on compassionate basis and because it was not more than 90 days.
However, unfortunately, you need to apply before 23rd August, which does not give you that option. And I don't think you qualify otherwise also because both your absences for the same reason in total was more than 6 months.
You should be renewing it with a normal extension and applying for ILR once you meet the job creation criteria in your new extension period.
You can still try for compassionate discretion. It will probably be rejected. You could then apply for your ILR as a fresh application and you would probably be able to meet the ILR requirement without having to create two additional jobs depending on how long the process of the 1st application takes. But this is not something I would choose myself as it has too many risks.

[Aab1988]

Hi
Thanks for your reply

My timeline

Got tier 1 ent visa on 30 jan 13
Entered Uk 15 Feb 13
30 Jan 13 to 30 Jan 14 (30 days)
30 Jan 14 to 30 Jan 15 (50 days) between July and Aug
30 Jan 15 to Jan 16 (170 days) breakdown april to Sep (125 days) and Dec to 15 Jan 45 days
Applied for extension in may 2016
Rufesed visa and applied in time application still waiting

Have I broken my continuous period of leave ? I was not away for more than 180 away for between Jan 15 to Jan 16 but I was away for more than 90 days in single absence.

[marcnath]

Hi
Thanks for your reply

My timeline

Got tier 1 ent visa on 30 jan 13
Entered Uk 15 Feb 13
30 Jan 13 to 30 Jan 14 (30 days)
30 Jan 14 to 30 Jan 15 (50 days) between July and Aug
30 Jan 15 to Jan 16 (170 days) breakdown april to Sep (125 days) and Dec to 15 Jan 45 days
Applied for extension in may 2016
Rufesed visa and applied in time application still waiting

Have I broken my continuous period of leave ? I was not away for more than 180 away for between Jan 15 to Jan 16 but I was away for more than 90 days in single absence.

I just realised I answered the last question without realising you were not the original poster.
That is an example of why you should not tag on to other people's posts- you got confused with my reply and others will also.
The 90 day was applicable to the case of the original poster.
Anyway, continuous period is based on the date of application of ILR and not on your visa grant date. You are still some time away from that

[CR001]

@ marcnath - see the recent linked topic from Tier 1 Ent sub fourm of the OP below (I split the topic now).

uk-tier-1-entrepreneur-visas/applicatio ... l#p1507990