Out of country Urgent advice needed please

[Nas22]

Hi All

I received T1 Entrepreneur extension in Feb 2017. I was expecting to apply for indefinite in Feb 2019 based on long residency - Set (LR).

Alternatively I can go for extension SET (O) on the basis of 5 year on T1 entrepreneur on or after 20 November 2018 as my initial leave under T 1 entrepreneur was granted on 18 Dec 2013 so I can apply 28 days before.

Currently I am out of country due to personal reason. I left UK on 10 Mar 2018 and haven’t been return since. According to my knowledge I can stay out of country for 180 days/year continuously. However someone told me that this is not true. You can stay out of country for 180 days in a year but not continuously. Your continuous absence from UK should not be more than 90 days in case of ILR for PBS i.e. T1 entrepreneur /SET (O).

For ILR on long residency it says on .gov website that,
Continuous residence is time you’ve spent in the UK without gaps. You can leave the UK during the continuous residence for up to:
• 180 days at a time
• 540 days in total

However in case of T1 entrepreneur /SET (O) it says,

The time you’re in the UK is called continuous residence. You can only be outside the UK for up to 180 days in any 12 months during that time.

This is bit confusing. I left UK on 10 Mar 2018 and haven’t been return since, and my 90 days finishing on 08 June 2018. Can we stay out of country for more then 90 days at a time?

If I am breaching the Continuous residence in this case than I have to return for a few days to meet criteria for extension before 08 June 2018.

Could you please advise me on this issue in both case 1) long residency and 2) ILR on PBS T1 Ent - 5years basis? Can I stay 90 days or more without affecting my prospects for ILR?

[CR001]

Your continuous absence from UK should not be more than 90 days in case of ILR for PBS i.e. T1 entrepreneur /SET (O).

It is 180 days in total in ANY 12 month rolling period and NOT per 'year', i.e. calendar year.

However in case of T1 entrepreneur /SET (O) it says,

The time you’re in the UK is called continuous residence. You can only be outside the UK for up to 180 days in any 12 months during that time.

This is bit confusing. I left UK on 10 Mar 2018 and haven’t been return since, and my 90 days finishing on 08 June 2018. Can we stay out of country for more then 90 days at a time?

There is NO '90 days' limit. It is a total of 180 days absence (continuous or split) in ANY 12 month rolling period.

If I am breaching the Continuous residence in this case than I have to return for a few days to meet criteria for extension before 08 June 2018.

You would still be close to the limit as you would still have almost 180 days in a 12 month rolling period. It is not 180 days continous.

Could you please advise me on this issue in both case 1) long residency and 2) ILR on PBS T1 Ent - 5years basis? Can I stay 90 days or more without affecting my prospects for ILR?

How do you think HO will view a Set(O) ILR application if you are absent from your business for such a lengthy period? They might question your 'genuineness'.

There is NO 90 day max limit.