How to calculate your absence from the UK under the Tier 1 Investor Visa?
The UK Tier 1 Investor Visa has varying residence and absence requirements which depend entirely on the type of residency status an investor intends to pursue.
When an investor initially applies to reside in the UK under the Tier 1 Investor Visa, they don’t need to state how long they intend to stay. The same applies when requesting to extend their stay – Tier 1 Investor visa holders don’t need to prove that they’ve spent a certain amount of time in the UK, nor that they intend to in the future.
Residence and absence requirements only come into play if a Tier 1 Investor applies for settlement within the UK. In this scenario, the Tier 1 Investor Indefinite Leave to Remain (ILR) residence and absence requirements mandate that the main applicant cannot be absent from the UK for more than 180 days during any 12-month period.
If an investor doesn’t satisfy the residence and absence requirements, they can still apply to continue to extend their stay in the UK. Currently, there’s no limit on the amount of times an investor can request an extension, so long as they continue to satisfy the requirements of the Tier 1 Investor visa category, and that the category stays open.
In rare cases, an “Indefinite Leave to Remain” may be granted for excessive absences caused by exceptional and compelling reasons. As a note, economic activity, maternity, paternity or adoption are not considered exceptions to the rule.
Calculating Absences
Absences from the UK during periods of leave granted under the rules in place before 11 January 2018 state that an investor must not have been absent from the UK for more than 180 days during a consecutive 12 month period, ending on the same date as the date of the application for indefinite leave to remain.
Absences from the UK during periods of leave granted under the Rules in place since 11 January 2018 will be counted on a rolling 12-month period.
Days spent travelling to or from the UK don’t count toward the residence and absence requirement.
Dependants of Tier 1 Investors
Dependents seeking to apply for settlement are subject to slightly different residency and absence requirements from the main investor.
Dependant Spouse/Partner
A dependant spouse or partner is required to spend a continuous period of five
years in the UK. A dependant cannot apply for settlement before the main applicant - they can only apply simultaneously, or later. This means that if the dependant is able to meet the residence requirement, but the main applicant is not, the dependent will need to extend their stay until the main applicant meets the requirement, and then apply together.
As of January 11, 2018, dependant spouses/partners of points-based system
Migrants are required to satisfy a residence and absence requirement. They must not have been absent from the UK for more than 180 days during any 12-month period in the continuous period.
*Any absences during periods of leave granted under the Rules in place before January 11, 2018 do not count towards the 180 days.
Dependant Children
There is no requirement for dependent children to spend any particular duration of time in the UK. Dependent children cannot apply for settlement before the main applicant and must extend their stay until the main applicant meets the requirements for settlement.
Please contact us for further details.
