Broke 180 days rules in first two year due to medication

[Piyaji4200]

hello

my friend complete 5 year in tier 1 entrepreneur route now applying for ILR next year January but he were out of this country more then 180 days in first two year due to he is serious ill and he is on medication at back of his country. what shall he will do he is realy worried about this last three year he were at uk more then 180 days each year.problem is in first two year.

( allow to live 6 month out side uk but he lived 8 month in first year and 9 month in second year


NOW WHAT HE WILL DO ??
THANKS

[CR001]

It might benefit your friend if he registered on the site and listed all his immigration history and absences.

Unless he can split any absence to no more than 180 per 12 month cycle, he might have a problem.

[ankur6006]

I am in same situation. I was forced to remain in India for a long time due to medical reason. I have divided my days into 2 different year but in one year I have 182 days. I am here in the UK for last 11 & half years. Never been outside for long. Will Home office won't consider 2 days extra outside rules? I have medical evidence available. I have some case on this forum where above 180 days are allowed.

[Piyaji4200]

ao whAT SHALL my friend will do ??

[CR001]

It might benefit your friend if he registered on the site and listed all his immigration history and absences.

Unless he can split any absence to no more than 180 per 12 month cycle, he might have a problem.

If you or your friend don't want to list his immigration history and absences, then based on the very limited information you have provided, he would likely need to apply for an extension of his current visa until he qualifies for ILR.

[Piyaji4200]

All immigration history is

Came uk april 2008 as student
Till 2010 only 1 month off from uk
Again continue he lived in uk till August 2013
Problem start from 2013
Went back August 2013 came back uk February 2014
Went Europe for 10 days in April 2014
Went back home may 2014 came back October 2014
Went back nov2014 came back may 2015
Went home June 2015 came October 2015

Acutely out from uk in one year about 8 month in 2014 and
8 month in 2015
How to do

[CR001]

It really is difficult to provide advice through a third person. Your friend needs to list the dates. HO doesn't work on rough estimates or 'about' guesses but on facts and actual dates. Unless you or your friend are able to provide more detailed dates and days absence, you are unlikely to get a proper response.

It is likely that he will need to apply for an extension of his current visa (based on the very limited information you have provided).

If have has more than 180 days absence in any 12 month cycle, his residency is broken.

[Piyaji4200]

hiya

year 1 = no absent
year 2 = no absent
year 3 = no absent
year 4= no absent
year 5 = noabsent
year 6= 1month absent
yaer 7= 220 days absent
year 8 = 170 days absent
year 9= no
yaer 10 = no

tell me he will apply for 10 yaer long residency or not
he is on tier1 entrepreneur extension
he will no have choice for further extension unless he will change rout
reagrds

[physicskate]

All immigration history is

Came uk april 2008 as student
Till 2010 only 1 month off from uk
Again continue he lived in uk till August 2013
Problem start from 2013
Went back August 2013 came back uk February 2014 For more than 180 days?
Went Europe for 10 days in April 2014
Went back home may 2014 came back October 2014
Went back nov2014 came back may 2015 For more than 180 days? - If this is the case, 10 years Long residency was broken and his ILR clock re-set.
Went home June 2015 came October 2015

Acutely out from uk in one year about 8 month in 2014 and
8 month in 2015
How to do

[kiran84]

I have a similar situation...

Can you split days between 2 years for SET (LR) application?

Thanks

[physicskate]

I have a similar situation...

Can you split days between 2 years for SET (LR) application?

Thanks

SET LR has different rules - no more than 540 days out in the previous 10 years and no one absence can be longer than 180 days. So 'splitting absences' is irrelevant.

[Piyaji4200]

hi kiran

SET LR how to treat?
i mean how to start year from first entry into uk till 10 years

exmple came uk 12 april 2008
first year complete 12 april 2009
second 13 april to 12 april 2010

etc is that correct can you get back to me asap

also explain in details and send me links if you have to read these rules
thanks

[physicskate]

hi kiran

SET LR how to treat?
i mean how to start year from first entry into uk till 10 years

exmple came uk 12 april 2008
first year complete 12 april 2009
second 13 april to 12 april 2010

etc is that correct can you get back to me asap

also explain in details and send me links if you have to read these rules
thanks

If you entered on 12 April 2008, then you could be absent for a total of 540 days until 28 days before 12 April 2018. No one absence can be longer than 180 and you must exit and return with valid leave.

[Piyaji4200]

hiya


its a rule 180 days out from 1 calender year..... or if i start 12 april 2008 till 12 march 2018 total number of days is less then 540 days then i will be eligible ???
could you please explain me and if you have any link related to home office send me as well

many thanks

[CR001]

180 days per 12 month cycle not calendar years in your case.