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Hi gurus,

I am on a tier 1 entrepreneur visa, I got this visa on 24/01/2013 and was granted my extension on 02/02/2016 and now applying the ILR. But today I received a letter from Home office as follows:

Thank you for your recent application for Indefinite Leave to Remain as a Tier 1 Entrepreneur Migrant.

As stated within the application from under Section 6---Immigration history on page 21

For settlement applications made from 11 January 2018, we consider absences from the UK on a rolling basis, rather than in separate consecutive 12-month periods. If your qualifying period includes time before this date and you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter.

If you believe this to be the case, please provide the document within 10 working days of this letter, that is by 10 May 2018. We therefore strongly recommend that you send the document by special next day delivery.

No further extension will be given if the information is not provided within the 10 days.

Providing further information prior to the deadline does not guarantee that any application will be approved.


I do not know what is the letter means. Is this means I have had more than 180 days’ absence on a rolling basis? What is the information and document should be provide ?


Number of days I have spent for each year outside of the UK are as follows:
08/07/2013 --------16/07/2013 8 days
18/07/2013 --------30/08/2013 43 days
21/01/2014 --------07/02/2014 18 days
03/06/2014 --------10/10/2014 129 days
07/02/2015 --------08/03/2015 30 days
16/04/2015 --------09/08/2015 116 days
01/09/2015 --------11/09/2015 10 days
25/04/2016 --------21/10/2016 179 days
23/04/2017 --------16/10/2017 177 days



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

asgdhf wrote: ↑

Sun Apr 29, 2018 6:20 pm

Is this means I have had more than 180 days’ absence on a rolling basis?

Looks like it.

10/08/2014 - 09/08/2015 -> 116+30+60 = 206
17/10/2016 - 16/10/2017 -> 177+5 = 183

secret.simon wrote: ↑

Sun Apr 29, 2018 8:20 pm

asgdhf wrote: ↑

Sun Apr 29, 2018 6:20 pm

Is this means I have had more than 180 days’ absence on a rolling basis?

Looks like it.

10/08/2014 - 09/08/2015 -> 116+30+60 = 206
17/10/2016 - 16/10/2017 -> 177+5 = 183

Thank you.
So, I need write a letter to explain why I have had more than 180 days' absence ? Because I count my absence on a separate consecutive 12-month periods.

asgdhf wrote: ↑

Sun Apr 29, 2018 9:10 pm

secret.simon wrote: ↑

Sun Apr 29, 2018 8:20 pm

asgdhf wrote: ↑

Sun Apr 29, 2018 6:20 pm

Is this means I have had more than 180 days’ absence on a rolling basis?

Looks like it.

10/08/2014 - 09/08/2015 -> 116+30+60 = 206
17/10/2016 - 16/10/2017 -> 177+5 = 183

Thank you.
So, I need write a letter to explain why I have had more than 180 days' absence ? Because I count my absence on a separate consecutive 12-month periods.

Well, it says "you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter" .

The consequence of the change is that you will not be eligible for ILR now, but will have to wait until 2021, if you don't travel a lot any more.

So, you need to give reasons why delaying the ILR will cause you exceptionally harsh consequence. Just giving the reason for your travel by itself is not sufficient.

marcnath wrote: ↑

Sun Apr 29, 2018 9:53 pm

asgdhf wrote: ↑

Sun Apr 29, 2018 9:10 pm

secret.simon wrote: ↑

Sun Apr 29, 2018 8:20 pm

asgdhf wrote: ↑

Sun Apr 29, 2018 6:20 pm

Is this means I have had more than 180 days’ absence on a rolling basis?

Looks like it.

10/08/2014 - 09/08/2015 -> 116+30+60 = 206
17/10/2016 - 16/10/2017 -> 177+5 = 183

Thank you.
So, I need write a letter to explain why I have had more than 180 days' absence ? Because I count my absence on a separate consecutive 12-month periods.

Well, it says "you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter" .

The consequence of the change is that you will not be eligible for ILR now, but will have to wait until 2021, if you don't travel a lot any more.

So, you need to give reasons why delaying the ILR will cause you exceptionally harsh consequence. Just giving the reason for your travel by itself is not sufficient.

Thank you very much. I traveled a lot is for expand the market of my business. is this reason ok?

Hello Asgdhf,
Senior marcnath is right they recently change the rules. I will also suggest to send them valid reasoning within the time frame. Goodluck
Do you mind sharing your timeline please ?
Many thanks

asgdhf wrote: ↑

Sun Apr 29, 2018 10:53 pm

marcnath wrote: ↑

Sun Apr 29, 2018 9:53 pm

asgdhf wrote: ↑

Sun Apr 29, 2018 9:10 pm

secret.simon wrote: ↑

Sun Apr 29, 2018 8:20 pm

Looks like it.

10/08/2014 - 09/08/2015 -> 116+30+60 = 206
17/10/2016 - 16/10/2017 -> 177+5 = 183

Thank you.
So, I need write a letter to explain why I have had more than 180 days' absence ? Because I count my absence on a separate consecutive 12-month periods.

Well, it says "you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter" .

The consequence of the change is that you will not be eligible for ILR now, but will have to wait until 2021, if you don't travel a lot any more.

So, you need to give reasons why delaying the ILR will cause you exceptionally harsh consequence. Just giving the reason for your travel by itself is not sufficient.

Thank you very much. I traveled a lot is for expand the market of my business. is this reason ok?

Yes, but additionally arguing that you will need to continue to travel for business and that you have been actually limiting the required travel to stay within the old rule. So, delaying the ILR will cause harm to continued expansion of your business.

To repeat, it is not sufficient to explain why you were travelling, but what the impact of not getting ILR now is.

marcnath wrote: ↑

Mon Apr 30, 2018 7:57 am

asgdhf wrote: ↑

Sun Apr 29, 2018 10:53 pm

marcnath wrote: ↑

Sun Apr 29, 2018 9:53 pm

asgdhf wrote: ↑

Sun Apr 29, 2018 9:10 pm

Thank you.
So, I need write a letter to explain why I have had more than 180 days' absence ? Because I count my absence on a separate consecutive 12-month periods.

Well, it says "you believe that this change would cause you exceptionally harsh consequences, you must set out the reasons in a letter" .

The consequence of the change is that you will not be eligible for ILR now, but will have to wait until 2021, if you don't travel a lot any more.

So, you need to give reasons why delaying the ILR will cause you exceptionally harsh consequence. Just giving the reason for your travel by itself is not sufficient.

Thank you very much. I traveled a lot is for expand the market of my business. is this reason ok?

Yes, but additionally arguing that you will need to continue to travel for business and that you have been actually limiting the required travel to stay within the old rule. So, delaying the ILR will cause harm to continued expansion of your business.

To repeat, it is not sufficient to explain why you were travelling, but what the impact of not getting ILR now is.

Thank you
If I am not getting ILR now, I need leave UK，because I do not have visa. This will cause shut my company. And this means I waste 5 years and lots of money. So,delaying the ILR will cause harm to continued expansion of your business. how about this reason?

many thanks

Why can you not apply for your T1E to be extended?

Adilj wrote: ↑

Mon Apr 30, 2018 2:00 am

Hello Asgdhf,
Senior marcnath is right they recently change the rules. I will also suggest to send them valid reasoning within the time frame. Goodluck
Do you mind sharing your timeline please ?
Many thanks

thank you

I do not know what reason I should provide. can you share you reason to me?

I got this visa on 24/01/2013
granted my extension on 02/02/2016
applied the ILR on 25/01/2018

many thanks

secret.simon wrote: ↑

Mon Apr 30, 2018 10:58 am

Why can you not apply for your T1E to be extended?

because I have had more than 180 days’ absence on a rolling basis.

asgdhf wrote: ↑

Mon Apr 30, 2018 11:07 am

secret.simon wrote: ↑

Mon Apr 30, 2018 10:58 am

Why can you not apply for your T1E to be extended?

because I have had more than 180 days’ absence on a rolling basis.

asgdhf

Were you granted ILR after the update from HO regarding absences a couple of months ago?

i think no otherwise he would have replied