10 Year Long Residence or Tier 1 Entrepreneur ILR

[fatguyslim]

Hey Everyone, I just came to a conclusion that I might have qualified for 10 year long residence which I first thought was not valid given I had stayed out of the UK for more than 180 days but after going through the SET (O) form today I read this

D1. Please confirm that you have not been absent from the United Kingdom for more than 180
days in any 12 consecutive months during the specified period of continuous leave

So here is my immigration story

I came to the UK in 2006 on a student Visa

19/09/2006 - 31/01/10: Entered in the UK on 30 Sept 2006 did a degree for 3 years and decided to do an extra year
31/10/09 - 31/10/10: Got a Tier 4 Visa for a year to complete my fourth year

Then on 26th of October 2010 I applied for a Tier 1 (Post Study Work) Visa which got refused for which I appealed the decision and won the case.

27/04/2011-27/04/2013: I got my Tier 1 (Post Study Work) Visa and during this time I went back to my home country for a total of 256 days from 14/02/2012 - 27/10/2012. Now if you break it down from 14/02/2012 to 27/04/2012 we get 73 days and from 27/04/2012 to 27/10/2012 we get 183 days

06/06/2013 - 06/06/2016: I got my Tier 1 Entrepreneur Visa
26/07/2016 - 26/07/2018: Currently on my Tier 1 Entrepreneur extension

Now I understand that during my Tier 1 PSW I stayed only 3 days over my 180 days of absence but I have evidence proving that I booked a flight for 24th October and I wasn't allowed to aboard the flight as I booked a flight out of Nepal where I was at that time. Now I would like to know what my chances are of getting an ILR if I apply for it at this point for 10 Year Long Residence. I can however apply for a Tier 1 ILR next year but as you can imagine the pain and preparation required for this Visa will age me faster. Let me know what you guys think? Cheers

[CR001]

Set(O) is ONLY for PBS/Ancestry/DLR route ILR.

You need Set(LR) for long residence and ANY single absence of 180 days or more breaks your continuous residence. There is no '180 days in any 12 months' for long residence ILR and you cannot split the absence over 2 different 12 months periods for long residence.

With a single absence of 256 days, you do not qualify for long residence ILR.

[morning_grays]

You can not split your continues absent of 256 days into two different parts. You can request a discretion from secratery of state which is very unlikely to be exercised considering current situation. HO is very strict now a days. The best thing is to continue with your existing leave Tier1 Enterprenuer and apply for ILR through this route after qualifying period.

[fatguyslim]

Thanks for your quick reply. I guess I wont be taking that option now lol