Q&As

If a Tier 1 (Entrepreneur) migrant was outside the UK for over 180 days in a 12-month period because of compulsory military service in their home country, could this absence be classified as exceptional circumstances when the Home Office can grant the applicant indefinite leave to remain (ILR) when their continuous leave is broken?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on: 05 December 2024
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The requirements for Indefinite Leave to Remain as a Tier 1 (Entrepreneur) migrant are within Immigration Rules, Part 6A: 245DF. The applicant is required to score a minimum of 75 points under Table 6 of Immifration Rules, Appendix A—15 points can only be scored if the applicant has spent ‘a continuous period of five years lawfully in the UK with leave as a Tier 1 (Entrepreneur) Migrant’ (or a continuous period of three years if qualified for accelerated settlement).

Immigration Rules, Part 6A also provides the definition of a 'continuous period' – in general, an applicant will have continuous residence in the UK if he has not been absent from the UK for more than 180 days during any 12-month period.

When

Gary McIndoe
Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).


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