absent count

[ANUGOYAL]

Hi

I am on T1 HS Entrepreneur visa , started from 21-07 -2016 until 21-11-2019

I need to travel India for long time to establish my business so have concern regarding absent count
from ILR point of view.

I was in India since 21-07-2016 until 10-11-2016 and need to plan my visit again
considering 180days absent allowed for a year under this visa. My queries are:

1. I will apply ILR after 21-07-2021 so my absent will be calculated as 180 days
backward in each year?

2. I want to plan my upcoming India visit in such a way that i could use remaining
days of my first year in continuation of 2 year 180 days so that i can stay in India
for longer time by following 180 rule each year.

3. I want to enroll my daughter in nursery considering govt 2 years funding and for
that i need to apply letter from council. Will this be considered as council benefit and
will effect on my ILR in 2021.

Looking forward for clarity
Thanks in advance

[zimba]

1. I will apply ILR after 21-07-2021 so my absent will be calculated as 180 days
backward in each year?

Yes

2. I want to plan my upcoming India visit in such a way that i could use remaining
days of my first year in continuation of 2 year 180 days so that i can stay in India
for longer time by following 180 rule each year.

Every year only 180 days is max under Tier 1E

Read more here: https://www.gov.uk/government/uploads/s ... ds-v13.pdf

3. I want to enroll my daughter in nursery considering govt 2 years funding and for
that i need to apply letter from council. Will this be considered as council benefit and
will effect on my ILR in 2021.

This seems to be a form of child benefit which is classified under public funds, so no you should not use that as that is against the condition of your visa.
https://www.gov.uk/government/publicati ... blic-funds

[legendfar]

1. I will apply ILR after 21-07-2021 so my absent will be calculated as 180 days
backward in each year?

Yes

2. I want to plan my upcoming India visit in such a way that i could use remaining
days of my first year in continuation of 2 year 180 days so that i can stay in India
for longer time by following 180 rule each year.

Every year only 180 days is max under Tier 1E

Read more here: https://www.gov.uk/government/uploads/s ... ds-v13.pdf

3. I want to enroll my daughter in nursery considering govt 2 years funding and for
that i need to apply letter from council. Will this be considered as council benefit and
will effect on my ILR in 2021.

This seems to be a form of child benefit which is classified under public funds, so no you should not use that as that is against the condition of your visa.
https://www.gov.uk/government/publicati ... blic-funds

Hi Zimba
what that does mean her daughter can not study while he is on Tier 1 Entrepreneur visa
local government school dont charge anyway
so for reception for her daughter he has to apply via council anyway
correct me if i am wrong

[zimba]

I am by no means expert in this. He asked regarding free government funded nursery which might fall under public funds

More info: http://www.nrpfnetwork.org.uk/informati ... funds.aspx

It is very important to ensure you are not getting public funds as that is not allowed for PBS migrants

[chiibe]

Children are entitled to school free up until the end of High school, Nursery school (from 3yrs) included.
Recently in Scotland, some councils started classes for 2yr olds. For a 2yr old child to be qualified .....the parents usually are in receipt of some classes of benefits. This 2yr old play group is the only class that you will be counted as recourse to public funds.

[zimba]

Children are entitled to school free up until the end of High school, Nursery school (from 3yrs) included.
Recently in Scotland, some councils started classes for 2yr olds. For a 2yr old child to be qualified .....the parents usually are in receipt of some classes of benefits. This 2yr old play group is the only class that you will be counted as recourse to public funds.

Better to seek proper advice from councils on this

[ANUGOYAL]

Thanks for replies !

I have major concern right now for 180 days count as I am getting different advice from people

Some says that it's 180 days per year but in total of 5 years it should not exceed 540 days or something. I confirmed with my lawyer and she also said180 days per year but count of 180 days will start from the date of my Ilr application submission
What does that mean

Hope I won't make any mistake in absent count due to lack of understanding

[zimba]

I gave you the link of the guide for ILR time calculation above but you did NOT read it obviously
Hey we go again, see page 19 of this guide to understand: https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[noajthan]

ILR forum.