new absence rolling bases policy in PBS Dependent of my case

[as_711]

Dear Sir,
I am a new user of this forum and needs advice from the expert regarding the new absence rolling bases policy and how this apply in PBS Dependent of my case as this new policy is really confusing to me.
• I have been issued entry clearance on Tier 1- Entrepreneur partner visa issued from 10/7/18 to 9/8/18
• My first entry to UK was on 10/7/18
• BRP issued date from 3/7/18 to 12/10/2021
• So far I had spent 28 days in UK from my first entry and now staying in UAE.

I need your expert advice on the following pls:
1. In order to qualify for ILR my absence calculation will start from the BRP issuance date or from the date of entry till next five year? And what is the policy of counting backward which is beneficial to applicant.
2. On which date I should enter now to UK after utilizing my full absence as I am forced to stay outside UK to settle some liabilities for first year.

As per the above provided dates if I am eligible to stay outside till June 18 for this year as after June 18 , I will be moving to UK permanently.
Your expert reply in this regard will be highly appreciated
Thanks

[zimba]

You cannot have total absences of more than 180 days per residence year. The counting will be based on the day of ILR and your qualifying period starts from visa approval date. If you stay outside the UK for more than 6 months, your continuous period of stay will be broken under all circumstances

[as_711]

Thanks Zimba for your reply which is really appreciated and this Forum is really very informative. I really want to pass my sincere regard to all those who established this Forum.

I understand from your reply that :

The counting will be based on the day of ILR application submitted to visa case officer (Home Office), which will be followed last 5 year ( for example date of application submitted today 1/10/18 and the accounting period will be from 1/10/18 to 30/9/13, and any absence during this five year will be subject to rolling bases calculation i.e any 12 months

I have confusion that any 12 months start from which month

The last point if someone is allowed to stay outside UK for continuous 180 days without any break or this 180 has to be in break NOT continuous one time. thanks

[CR001]

There is NO absence limit for PBS dependents who got their visas before 11yh January 2018.

[vinny]

• I have been issued entry clearance on Tier 1- Entrepreneur partner visa issued from 10/7/18 to 9/8/18

[zimba]

The counting will be based on the day of ILR application submitted to visa case officer (Home Office), which will be followed last 5 year ( for example date of application submitted today 1/10/18 and the accounting period will be from 1/10/18 to 30/9/13, and any absence during this five year will be subject to rolling bases calculation i.e any 12 months
I have confusion that any 12 months start from which month

It is per each residence year. Eg 1/10/18 to 1/10/17 is one year and so on, counting backwards

The last point if someone is allowed to stay outside UK for continuous 180 days without any break or this 180 has to be in break NOT continuous one time. thanks

You have two conditions to satisfy as per latest rules:

MAX 180 days of absence in each residence year AND
NO continuous absences of more than 180 days anywhere in your 5 years qualifying period

The 2nd conditions was introduced in January 2018 which prevents you from splitting your absences between two residence years and get away with more than 180 days continuous period of absence

[as_711]

Thanks for the swift reply.

I have another question. If investment in a business offering investment in share class C investment, the company nature of business is Activities of investment trusts where they are investing in different business like coffee rosters, coffee shops and café, but the investor will be a director in the companies house record. if we invest in term of shares then Will this investment is considered under Tier-1 Entrepreneur visa category. thanks

Appreciated for your advise. thanks

[as_711]

Dear Moderators
Looking for your advise.

Thanks

[zimba]

The purpose of the Tier 1E route is NOT to facilitate investors but entrepreneurs. The business you described surely sounds like a venture capital firm rather than an entrepreneurial business. This might have an affect on the credibility of you as an entrepreneur as it looks you are using Tier 1E route as some sort of poor man's investor route. The investor route is separate and has much higher financial requirements

[as_711]

thanks zimba, I was told by one of company director that I will be actively involved in a new setup of opening a new cafe and my investment will be used there and more then two employment will be created ,but it seems it involved a high risk. We need to understand the entrepreneur requirement and must start business from the scratch as per home office guideline.

Thanks for your expert advise.

[as_711]

it is really a good forum for all type of information. Specially those who are having lake of information regarding immigration rules and related matters.

[as_711]

Dear Moderators,
I am looking for kind support to understand the ILR qualification counting period for PBS dependent under Tier-1 Entrepreneur route if ILR qualification counting period for PBS dependent will start from the date of first entry to Uk as per Immigration entry stamp on vignette.

for Example:
If dependent entered uk on 10th July 2018 and collected his BRP, then his/her ILR qualifying counting period will start from 10th July 2018 which is his first date of entry and will be ended on 09th July 2023 ( under Tier-1 Entrepreneur route) which is included two years extension period.
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I have another question in calculating the absence period under new rolling bases calculation. I want to share my calculation if are correct to my understanding as below:

1- If an individual exceed 180 days absence on first year i.e for the period from 10th July 2018 to 09th July 2019 and entered UK after 280 days absence then 100 excess days (280-180=100) will be adjusted from his next year absence which mean next year from 10th July 2019 to 09th July 2020, he can stay outside maximum 80 days (180-100= 80) NOT 180 days and if this is called rolling base calculation.

2-Each year excess absence will be adjusted to next year

3-Similarly this counting will be continued till 5th years which is total eligible period in order to qualify for ILR through Tier-1 Entrepreneur route and his absence during this 5 year should not exceed 900 days (180x5=900 days) in overall. If his absence will exceed 900 days then he will be out from ILR

I am really struggling to understand this new rule especially for dependents .Appreciated for your kind expert advise in this regard. thanks

[zimba]

ILR qualifying period can start from visa ISSUE DATE
As I made it clear to you before, you CANNOT have more than 180 consecutive days outside the UK anywhere in the 5 year period, regardless of the pattern of the absences.
So if you remain outside the UK for more than 180 days (e.g 270 days), on your return you will start the 5 year qualifying period from scratch

[as_711]

1. How we can calculate 180 days falls in which year from which month/year to which month/year as it is not cleared with anywhere in the 5 year period.

If you have a continuous absences of 180 days or more ANYWHERE in your 5 years then your ILR will be refused.
So the first condition to satisfy is that you should NOT have such period of absence at all.
Now If that is satisfied, then you can worry about the 180 days absence limit in each year

2. Is the year start from date of entry for example 10 July 2018 to 09 July 2019 to calculate 180 days absence for first year then how we can apply rolling over policy.

No it starts from the date of ILR application and counts backwards.
However the earliest date to apply (the date of eligibility) will be 28 days from completing your 5 years and onwards. You need the start date to simply determine the date of eligibility

3. In my understanding, the rolling over absence policy means that you can rollover/ transfer your short or excess absence to the following year.

If you mean you can split a long continuous absence of more than 180 days between two years then that is not allowed as the first condition will not be satisfied

4. What does it mean if I spend more then 180 days ( e.g 270 days) and on my return will start from scratch ? Is this means I have to shift to other visa category (e. gsponsor category) or Is it possible to apply 2nd extension till the completion of five years under dependent category.

No, It means you must extend until you satisfy the ILR continuous period requirement for the last 5 years of your residence

[as_711]

Thanks so much for this clarity. One last question:

Like if principal applicant got the two years extension under Tier-1 Entrepreneur route. On bases of this dependents also applied and got the extension after principle applicant approval.

Later, on completion of 5 years, principle applicant had applied for ILR BUT the defendant is still short of continuous period to qualify for ILR. Can dependent is eligible to apply for 2nd extension after the expiry of first extension even though the ILR request of main applicant still under process in Home office for approval.

Like dependent got first extension ( for 2 years ) after three initial years and again he/she will apply for another two years extension ( 3+2+2=7), since he did not fulfill 5 years policy due to overstay in first year which will be covered in either 6 or 7th years.

Appreciated for kind support.

thanks

[zimba]

Yes. PBS dependants can extend the visas as usual under PBS dependat route as long as the main applicant was granted ILR under PBS route.

[as_711]

thanks so much. Really appreciated.

[as_711]

Dear Sir/Madam,

I am on Tier -1 entrepreneur visa and in UK since July 2018. Initial months was struggling to find the residential home and opening personal bank account and had arranged 200k funds transferred from UAE bank to UK personal account. Later travelled to UAE for some windup processing. The company was registered during month of August 2018. I was not able to open the business account and now had started procedure to open the business account then all the funds will be transferred from personal bank to business account.

My question is if this delay in opening a business account will affect my entrepreneur status. My business will be in operational by mid of May 2019. Is there any time limit of opening a business account?

Appreciated for your kind advice in this regard.

[tier1entrepreneur-A]

Dear Sir/Madam,

I am on Tier -1 entrepreneur visa and in UK since July 2018. Initial months was struggling to find the residential home and opening personal bank account and had arranged 200k funds transferred from UAE bank to UK personal account. Later travelled to UAE for some windup processing. The company was registered during month of August 2018. I was not able to open the business account and now had started procedure to open the business account then all the funds will be transferred from personal bank to business account.

My question is if this delay in opening a business account will affect my entrepreneur status. My business will be in operational by mid of May 2019. Is there any time limit of opening a business account?

Appreciated for your kind advice in this regard.

Good Afternoon,

As far as I know, The delay in opening business bank account will not affect your visa,

The only requirement was to register as a director of limited company within 6 months, which you already did.

[as_711]

Thanks for your swift reply pls. Really appreciated. Thanks

[as_711]

Good day,
I have another question and came to know from some source that Tier-1 Enterprenure program going to be ended by end of March 2019. Is this true? OR is there is any other date is announced by UK Govt.

Apprecaited for your kind reply.
Thanks

[zimba]

uk-tier-1-entrepreneur-visas/tier-1-ent ... 69650.html

[as_711]

Dear Moderators,
Good day to all of you,

I came up with another question like four members have applied for Tier-1 Extension (one main applicant and 3 are as PBS dependents- Spouse and 2 children).

Due to some reason, the spouse (under PBS dependent) are out from the ILR due to the new absence policy, but two children are remain within the new absence policy.

Does this will affect the ILR qualification for children if 2nd parent ( spouse) is out from the ILR like if Home office could reject on ground that 2nd parent did not qualify for ILR , hence based on this, two children ( under PBS dependents) also will be rejected from ILR request?

Appreciated for your kind expert advice.

Thanks

[CR001]

Children born abroad can only apply for ILR when both parents are applying or when one already has ILR and the other parent is applying alone with the kids.

[as_711]

Thank so much for swift reply.

But if 2nd parent has excess absence so his /her ILR will be rejected as per rule. What about children as they are within absence policy. Will case worker will reject children ILR also or will be granted ILR under PBS dependent route despite of 2nd parent rejection..