how many days maximum in 5 years allowed out of the uk

[happyguy]

Dear Moderators
I had lost my password and tried to log in number of times but could not retrieve so I have registered with different username and password.
I am on tier 1 ent 200k category and my extension is due this year.
My question is as an entrepreneur you are allowed to stay 180 days maximum in 12 calendar months. So how many maximum days we are allowed in 5 year period, is it 180 x5 = 900 days.
thanks and regards in adavance

[CR001]

Helpful if you stated exactly which username you cannot logged into!!!

Absence is no more than 180 days in ANY 12 month rolling period and NOT calendar months.

[happyguy]

My previous userid was omkarsg.
If it is 180 days per 12 months then in 5 years, while applying for ILR how many maximum days are allowed.

[CR001]

It depends on your absence. ANY 12 months means exactly that, ANY. It is not calendar months or July to June for example or counting backwards 12 months cycles from date of application or the ability to split your absence across two 12 month periods.

This rule was changed a couple of months this ago.

[happyguy]

Hi CRoo1
That means in total of 5 year period,before ILR application, one can remain absent for 180 daysx 5years = 900 days

[marcnath]

Hi CRoo1
That means in total of 5 year period,before ILR application, one can remain absent for 180 daysx 5years = 900 days

No, that is not true.

As CR001 has been trying to say, it means not more than 180 days in any 12 month period. So, if you travel once for 181 days and don't travel at all in the rest of the 5 year period, you will not meet the requirement.

I tried to create a tool to help you determine that - you can find it at indefinite-leave-to-remain/180-day-cont ... n#p1619229

Let me know if that works

[happyguy]

Hi Marcnath
somewhere on the forum it is mentioned you are allowed to stay out of the uk ,maximum 450 days in the whole 5 year period. I did understand 180 days for any 12 months but wanted to know for whole period of 5 years , that means till ILR ,the maximum days permitted.

[marcnath]

Hi Marcnath
somewhere on the forum it is mentioned you are allowed to stay out of the uk ,maximum 450 days in the whole 5 year period. I did understand 180 days for any 12 months but wanted to know for whole period of 5 years , that means till ILR ,the maximum days permitted.

There is no maximum over the full 5 year period. If you are applying ILR based on 10 yr route, then yes there is such a limit

[happyguy]

Hi Marcnath
ok
So say for example in every 12 month cycle I remain absent for 170 days then till I reach ILR application time , my total absence become 170 days x 5 years= 850 days. Is it acceptable.As my business is exports ,for marketing I remain outside uk for a long time.

[marcnath]

Hi Marcnath
ok
So say for example in every 12 month cycle I remain absent for 170 days then till I reach ILR application time , my total absence become 170 days x 5 years= 850 days. Is it acceptable.As my business is exports ,for marketing I remain outside uk for a long time.

Yes, but once again there are no “cycles”. It is any 12 month period. So if you are away 170 days every calendar year, for example, you will most probably fail on the 180 days

[CR001]

Hi Marcnath
somewhere on the forum it is mentioned you are allowed to stay out of the uk ,maximum 450 days in the whole 5 year period. I did understand 180 days for any 12 months but wanted to know for whole period of 5 years , that means till ILR ,the maximum days permitted.

450 days is relevant to British citizenship requirements.

[happyguy]

Dear moderators
My dependent son who is over 18 has applied for national insurance number to avail student finance. Actually national insurance number is allotted by works and pension department. So will there be a problem while applying for extension of the visa.He is going to university this sepetember 18 for his degree. He is not planning to work anywhere till he finishes his degree.

[marcnath]

Dear moderators
I am tier 1 migrant and my dependent son over 18 has applied for national insurance number for availing student finance.Actually national insurance number is issued by works and pension department . So will there be a problem when I apply for extension of the visa.In fact he is not planning to work anywhere till he finishes his degree.

Having an NI alone should not matter

[CR001]

He also doesn't qualify for student finance if he does not hold ILR.

[happyguy]

Dear Marcnath and CR001
I need your expert opinion as I am worried about the number of days absence in my first year .
My BRP says visa period of 6 july 2015 to 6 nov 2018
I first entered in the uk on 20 july 2015 ,collected my BRP and incorporated my company.
So what about the period from 6 july 2015 to 20 july 2015 , will it be counted as absence.
The days we enter uk and the day we exit uk are counted towards stay in the uk, is it right.
entry uk exit uk
20 july 15 28 july 15-------- 9 days
9 sep 15 6 oct 15----------28 days
18 nov 15 20 dec 15--------33 days
28 jan 16 18 march 16-----51 days
20 april 16 2 june 16-------44 days
8 june 16 15 july 16--------29 days ,
Total 194 days stay in the uk
instead of 15 july 16 I am considering the date of 6 july 16 when first year completes for my stay.
So total days I stay in the uk for the first 12 months of visa was 194, that means my absence was
365-194=171 days . so am I safe.
For the next 2 years, total absence is 131 days, so I am not worried here.

[marcnath]

As CR001 has been patiently explaining to you, it is no longer 12 month periods. It is 180 days during any ROLLING 12 months period.
So, for example, if you had 110 days absence at the end of 2016/early 2017, you will still disqualify.
I tried to create a tool to check this under the new rules - indefinite-leave-to-remain/180-day-cont ... 52996.html

[happyguy]

Dear Marcnath
Can you please see my total days in the uk in the earlier post , in the first 12 months my absence is less than 180 days. Please explain me I am really worried.

[marcnath]

Dear Marcnath
Can you please see my total days in the uk in the earlier post , in the first 12 months my absence is less than 180 days. Please explain me I am really worried.

The FIRST 12 months is irrelevant.

It is ANY 12 months.

I am not saying you have a problem. All I am saying is the information in that post is not sufficient to determine if you have a problem.

[happyguy]

Dear Marcnath
If the rule has come into effect from jan 2018 but I came to the uk in july 2015 will that be applicable for previous period as well.Please explain it to me.

[CR001]

Dear Marcnath
If the rule has come into effect from jan 2018 but I came to the uk in july 2015 will that be applicable for previous period as well.Please explain it to me.

Yes, it applies to your whole period of stay on PBS route.

[happyguy]

Dear Marcnath
I am trying to put dates in excel sheet but its not working.
I am giving all my presence in the uk below till today, please tell me what is the situation.
my visa period 6 july 2015 to 6 nov 2018
entry uk exit uk
20 july 15 28 july 15-------- 9 days
9 sep 15 6 oct 15----------28 days
18 nov 15 20 dec 15--------33 days
28 jan 16 18 march 16-----51 days
20 april 16 2 june 16-------44 days
8 june 16 15 july 16--------38 days
31 july16 12 oct 16-------- 74 days
31 oct 16 13 jan 17---------74 days
2 feb 17 13 april 17----------71 days
8 may 17 21 aug 17-------- 106 days
11 sep 17 26 jan 18--------138 days
23 feb 18 till today in the uk ,
these are all my travel dates uptill now , can you please tell me what is the scenerio.
Please this is my humble request to go through it and guide me , everything is at stake ,so whatever the situation arises , i have to take the future decision.

[marcnath]

Dear Marcnath
I am trying to put dates in excel sheet but its not working.
I am giving all my presence in the uk below till today, please tell me what is the situation.
my visa period 6 july 2015 to 6 nov 2018
entry uk exit uk
20 july 15 28 july 15-------- 9 days
9 sep 15 6 oct 15----------28 days
18 nov 15 20 dec 15--------33 days
28 jan 16 18 march 16-----51 days
20 april 16 2 june 16-------44 days
8 june 16 15 july 16--------38 days
31 july16 12 oct 16-------- 74 days
31 oct 16 13 jan 17---------74 days
2 feb 17 13 april 17----------71 days
8 may 17 21 aug 17-------- 106 days
11 sep 17 26 jan 18--------138 days
23 feb 18 till today in the uk ,
these are all my travel dates uptill now , can you please tell me what is the scenerio.
Please this is my humble request to go through it and guide me , everything is at stake ,so whatever the situation arises , i have to take the future decision.

Can you just list your travel dates and absence rather than presence, which is what is supposed to go into the excel. (By the way, what is the error you get when you try to enter the date there ?)

[happyguy]

Dear Marcnath
my travel dates are
visa issued on 6 july 2015 to 6 nov 2018
First enterd on 20 july 2015
entry in uk exit uk
20 july 2015 - 28 july 2015 42 days (29 july15 to 8 sep15)
9 sep 2015 - 6 oct 2015 42 days( 7 oct 15 to 17 nov 15)
18 nov 2015 - 20 dec 2015 38 days (21 dec 15 to 27 jan 16)
28 jan 2016 - 18 march 2016 28 days ( 19 march 16 to 19 april 16)
20 april 2016- 2 june 2016 5 days (3 june 16 to 7 june 16)
8 june 2016 - 15 july 2016 16 days(16 july 16 to 30 july 16)
31 july2016 - 12 oct 2016 18 days(13 oct 16 to 30 oct 16)
31 oct 2016- 13 jan 2017 19 days( 14 jan 17 to 1 feb 17)
2 feb 2017 - 13 april 2017 24 days ( 14 april17to 7 may 17)
8 may 2017 - 21 aug 2017 20 days ( 22 aug 17 to 10 sep 17)
11 sep 2017- 26 jan 2018 27 days ( 27 jan 18 to 22 feb 18)
23 feb 2018 -----till in the uk
total absence 279 days from the date of entering the uk on 20 july 2015. Please bear in mind I have not taken into consideration period from visa start date 6 july 2015 and date of entry in the uk 20 july 2015.

[marcnath]

Dear Marcnath
my travel dates are
visa issued on 6 july 2015 to 6 nov 2018
First enterd on 20 july 2015
entry in uk exit uk
20 july 2015 - 28 july 2015 42 days (29 july15 to 8 sep15)
9 sep 2015 - 6 oct 2015 42 days( 7 oct 15 to 17 nov 15)
18 nov 2015 - 20 dec 2015 38 days (21 dec 15 to 27 jan 16)
28 jan 2016 - 18 march 2016 28 days ( 19 march 16 to 19 april 16)
20 april 2016- 2 june 2016 5 days (3 june 16 to 7 june 16)
8 june 2016 - 15 july 2016 16 days(16 july 16 to 30 july 16)
31 july2016 - 12 oct 2016 18 days(13 oct 16 to 30 oct 16)
31 oct 2016- 13 jan 2017 19 days( 14 jan 17 to 1 feb 17)
2 feb 2017 - 13 april 2017 24 days ( 14 april17to 7 may 17)
8 may 2017 - 21 aug 2017 20 days ( 22 aug 17 to 10 sep 17)
11 sep 2017- 26 jan 2018 27 days ( 27 jan 18 to 22 feb 18)
23 feb 2018 -----till in the uk
total absence 279 days from the date of entering the uk on 20 july 2015. Please bear in mind I have not taken into consideration period from visa start date 6 july 2015 and date of entry in the uk 20 july 2015.

It would have been so much easier if you had listed absence numbers rather then presence numbers.
But overall I believe you are ok.

[happyguy]

Dear Marcnath
Have you seen putting travel dates in the excel sheet you have created. Also what about the initial days between date of visa issue and first entry date in the uk, those 13 days. Are these days are taken into consideration for the period of 180 days.