I have endorsed by GTV as a leader in my field.Our visa started in Nov 2023 for 3 years, we just collected our BRP, however, my business forces us not to move to UK yet, we will able to do it after a year.
If we stay out of the country for a year, what happens after 3 year? Do we just extend a year for ILR or they cancel the visa?
I have read this on several places that in a 12 month period you need to have spent less than 180 days outside the UK to apply for ILR.
You must have spent no more than 180 days outside the UK in any 12 months.
If you think you’re affected by this rule, the Home Office has guidance about how to [calculate your time in the UK] (‘continuous residence’).
So if you are outside the UK for the first year then I do not think you can get ILR after 3 years. You will have to look into extending the Visa for 1 more year and then applying for ILR.
So they just ask me to extend? They dont cancel or revoke my application after 3 years?
I can provide an explanation for this.
To qualify for Indefinite Leave to Remain (ILR), you must spend three consecutive years in the UK, with you spending 180 days in a 365 day year cycle (there is a specific calculation method for this on the gov.uk).
In your situation, the first year of the three-year requirement will be spent outside the UK. Consequently, your second year will be considered the first year towards meeting the ILR criteria, and the third year will be the second year. At the end of the third year, your visa will expire, and you will need to extend it for another year to complete the three-year requirement.
It’s important to note that you must earn income in the UK before becoming eligible for a visa extension.