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ILR via Ent Visa route with absences

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Napoleon77
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ILR via Ent Visa route with absences

Post by Napoleon77 » Sun May 27, 2018 8:46 pm

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.

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zimba
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Re: ILR via Ent Visa route with absences

Post by zimba » Tue May 29, 2018 1:10 am

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
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Napoleon77
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Re: ILR via Ent Visa route with absences

Post by Napoleon77 » Tue May 29, 2018 6:44 am

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?

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zimba
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Re: ILR via Ent Visa route with absences

Post by zimba » Tue May 29, 2018 2:06 pm

Yes as you need 24 months. You can hire more to apply earlier
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Napoleon77
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Re: ILR via Ent Visa route with absences

Post by Napoleon77 » Tue May 29, 2018 9:51 pm

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?

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zimba
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Re: ILR via Ent Visa route with absences

Post by zimba » Tue May 29, 2018 11:56 pm

You all should try to apply together if eligible. If not, they must apply to extend their PBS dependat visas
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Napoleon77
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Re: ILR via Ent Visa route with absences

Post by Napoleon77 » Wed May 30, 2018 7:11 am

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?

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zimba
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Re: ILR via Ent Visa route with absences

Post by zimba » Wed May 30, 2018 1:22 pm

yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Napoleon77
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Re: ILR via Ent Visa route with absences

Post by Napoleon77 » Wed May 30, 2018 4:06 pm

Thanks a billion. That should save me some money

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