Absences on a tier 1 Entrepreneur for settlement

[jawadbikes]

Hi gurus,

I am on a tier 1 entrepreneur visa and was granted my extension on 31/01/2017 and now ILR is due end of this year. i first entered the UK on the 18th of December 2013 but was given the entry clearance on the 21st of October 2013, so i always calculated my absence leave from the date that i entered into the UK. so my first year starts from the 18th December 2013 and ends on the 13th of December 2014, and this is how i was calculating my absences from the UK in a 12 month consecutive period. number of days i have spent for each year outside of the UK are as follows
1st year 74 days spent outside of UK
2nd year 89 days spent outside of UK
3rd year 94 days spent outside of UK
4th year 174 days spent outside of UK

On the 11th of January 2018 new guidance was introduced regarding the number of days you can spend outside of UK, the number of days remain the same as before that is 180 days, but the home office says that for all settlement applications made after 11th January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12 months periods. i just wanted to know how can absence calculated on a rolling basis can effect my case as i tend to spend 170 days outside of UK during my fifth year aswell, coz the law clearly states that you cannot have had more than 180 days absence from the UK during any consecutive 12 months of the qualifying period.

kindly i need some help regarding this ASAP plz, as i am very confused at the moment with all this.
many thanks.

[marcnath]

The new regulations is not easy to calculate - you have to manually check through.
List all your absences, add them up sequentially, and whenever you cross 180 check if the start and end date of that period is within a year.
Remember that when you are travelling, the day you leave and the day you arrive is not counted as an absence.

[natsha]

Hi,

send here dates exit and enter then I can answer. HO new rules E:g 1 june 2016 to 31 may 2017 ( 180 day) Rolling now

Regards.

[seasky]

If you time yourself correctly you can stay out of the UK in 5th year and not break the rolling 180 day rule. You are not likely to get leniency on 5th year as the rules are already known.

Of course the issue is then the previous absences you may have already broken the new rolling rule (which is quite unfair to have an after the fact rule change) but they have a a leniency clause they -may- use.

A lot of leniency will be in regards to the reason of absences. As you are an entrepreneur, if it is mostly travel for your business or personal reasons (if you have a local non international UK business and are absent just
under 180 days two years in a row, it may seem odd to CW). T1e does not have to tell reasons of absences but if you are asking for special dispensation, you will...

good luck

[Adilj]

Dear Marcnath, Please correct me maybe i am missing out

How will this new rule affect the OP as he seems to be main applicant?

As i can only find under new rules ( 10/1/18) for dependent who are seeking settlement application have to abide by of 180 days rule. Is this correct?

thank you

[CR001]

Dear Marcnath, Please correct me maybe i am missing out

How will this new rule affect the OP as he seems to be main applicant?

As i can only find under new rules ( 10/1/18) for dependent who are seeking settlement application have to abide by of 180 days rule. Is this correct?

thank you

See link below.

indefinite-leave-to-remain/big-changes- ... 46559.html