Absences on the 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]

You had the same post in the T1E forum.
I have replied there.