Teir 1 (Entrepreneur) Extension -Unique case

[uma418]

I have entry clearance till mid December on Teir 1 ( Entrepreneur ) category.
We intend to apply for extension.
We took over a company within three months of landing in UK.
The company had no employees.
I invested 200,000 in business by way of share capital, being the sole Director.
Two UK nationals were hired for over two years to run the business.
We have been paying their employees national insurance contributions.
We have been VAT registered and paying VAT and filing VAT returns.
The entire 200,000 has been invested. Majority of it going towards buying an industrial unit and balance in goods purchased and salaries.
We can submit unaudited accounts from the accountant for the company.
The company is actively trading.
So far so good but now for the tricky part,
Though I do understand that we meet all requirements for extension, unfortunately due to an illness in the family, I the primary applicant could not stay in the UK for most part of my entry clearance. I only stayed three months initially and then now I am back after a gap of two and a half years. My children were studying in UK in a boarding school and still continue to do so. My spouse made frequent trips to U.K in between. I did manage the business by way of regular phone calls, video chats etc on a regular basis but my family circumstances were not allowing me to travel overseas.
Now that we are due to apply for extension, I wonder if my not having stayed 6 months in a year condition would have a bearing on the extension.
The extension form does not have any place where we have to mention if we stayed for how long etc. We meet all other requirements.
Also what shall happen to us at the time of ILR application, even if we get the extension now?
Any replies shall be appreciated.

[Momi]

I'm not an expert but as per my understanding you are not eligible for extension (I can be wrong). If you go through the policy guidance then you will find 180 days rule which applies on all applicant. They can rise business credibility issue on your application and you won't be able to defend it.
Please don't mind but it's my own opinion.
Good luck.

[uma418]

I do understand that you need to have stayed 180 days in a year but in our present situation, we meet all the requirements in the extension application procedure and there seems to be no place in the extension application form where we have to include information about how many days we stayed.
For an ILR it must be a separate case where ask for how many days you have stayed and so on.
I contacted a solicitor and he seems to suggest that we should be OK with extension but not so with ILR.
I do not know how far this is true?

[uma418]

I am exploring the situation where if our Teir 1 ( entrepreneur ) exptension application is refused can I go back to my home country and re-apply for a fresh Teir 1 (entrepreneur ) visa.
In my initial grant of leave I could not stay in UK for 180 days in a year but I did fulfill all other conditions of investment, employment etc.
I am exploring the possibility to re-apply iafresh n case my extension is refused solely on the grounds that I did not stay the required time.
I have a successful business in UK with two employees and everything else.
The only problem was that due to an illness in the family I could not travel overseas during that time.
I do understand that a fresh application shall mean a fresh investment of 200,000 and I am fine with it.
I would in that case apply with another applicant and make a joint application as a team and invest in a new business and create two new jobs etc.
My question is first is it allowed to re-apply in the same category again.
Second, how shall it be perceived by the visa case worker to decide on an application of a person already granted visa and denied extension?

[10020132]

I think if you have enough money to reapply with another 200k then apply in your wife's name and you as her dependant as in future you would have flexibility of coming and going whenever you want whereas she would stay here and fulfill the criteria