Tier 1 Entrepreneur two months short of 10 year LTR & spouse

I am currently on the T1 Entrepreneur visa which is ending on the 18th of July 2017, when this visa expires I will have stayed in the UK legally for 9 years 10 months and 3 days and am looking to apply for ILR 10 year LTR route. I entered the UK on the 16-09-2007.

I have three questions where I require your assistance:

a)I am looking to get married at the end of this year and my spouse is outside the UK am I able to bring her as a dependent to the UK on my current visa?

b)Am I eligible to apply for ILR?

c)If I am able to apply for ILR which category will my wife apply for?

Any help is greatly appreciated THANK YOU IN ADVANCE THIS FORUM HAS BEEN EXTREMELY HELPFUL, I CANNOT THANK YOU ENOUGH

Please see below my visa history:
1) T1 Entrepreneur Visa
Duration 31-07-2014 to 18-07-2017

GAP in visa *explained below*

2)T1 HS Post Study Leave to Remain
Duration: 12-08-2011 to 12-08-2013

3)Visa Status: Student Visa
Duration: 05-09-2007 to 31-07-2011
Entered UK on 16-09-2007

The gap in my visa was due to an error made by the Home Office please see below the breakdown:

11.07.2013 Application made to switch from Tier 1 Post Study Work Visa to Tier 1 Entrepreneur

12.08.2013 Post Study Work Visa Expired

14.08.2013 Application refused based on the fact contracts did not have clients’ telephone number and email address

30.08.2013 Appeal made to the First Tier Tribunal

01.04.2014 First Tier Tribunal dismisses appeal on the basis that the Home Office did not have an obligation to request further evidence at the time of the application.

09.04.2014 Request for permission to appeal to the Upper Tier Tribunal

15.05.2014 Permission to appeal to the Upper Tier Tribunal refused

07.06.2014 Fresh application made within the 28 days allowed

24.06.2014 All the points for my application were given but was refused on the basis that it was out of the 28 day time period.

31-07-2014 Following this my case was reconsidered and visa was granted by the HO.

hi

a)I am looking to get married at the end of this year and my spouse is outside the UK am I able to bring her as a dependent to the UK on my current visa?

Yes, you need to look at PBS dependent route, although she will only get visa up to your visa exp date. then ext with you in uk, her cat will be "dependent of T1 Ent"

b)Am I eligible to apply for ILR? 10 years must be complete when you apply for ILR, so if you apply at the end of ur t1 exp , then no, you would not meet the requirments as 10 years is not complete at time of your application. but you would have some other options before directly applying for ILR if you wish to take the risk.

c)If I am able to apply for ILR which category will my wife apply for? if you get visa for your wife while your are on T1 Ent your wife ext would be remain as T1ent dependent for (3years+2years ext) before she can apply for ILR . however if you granted ILR and then want to bring ur wife you need to apply diffrent route for her (dependent of settled person or british national) which has diffrent financial requirments as well(£18k min salary or ...) plus for either of them you need to prove that your relationship is very strong and you are in direct contact with her all the times (chats,photo,tickets,travelling, etc) otherwise will be refused with no doubt.

good luck

Thanks for the quick response.

You mentioned: b)Am I eligible to apply for ILR? 10 years must be complete when you apply for ILR, so if you apply at the end of ur t1 exp , then no, you would not meet the requirments as 10 years is not complete at time of your application. but you would have some other options before directly applying for ILR if you wish to take the risk.

Could you please clarify the risky options please?

Fonzo wrote:Thanks for the quick response.

You mentioned: b)Am I eligible to apply for ILR? 10 years must be complete when you apply for ILR, so if you apply at the end of ur t1 exp , then no, you would not meet the requirments as 10 years is not complete at time of your application. but you would have some other options before directly applying for ILR if you wish to take the risk.

Could you please clarify the risky options please?

I am not sure at all, but I've heard some people applying for ext and after their 10 years complete they withdraw application and apply for ilr immediatley . however as I said I am not sure and you need to discuss this with solicitor .

No worries yes I am seeking solicitors advice but wanted to speak to a few people with similar situations prior to that as this board is more helpful than most lawyers.

Thanks again for your help! Greatly appreciated, best of luck!

@fonzo
I am exactly in the same situation as you and have already met a few solicitors about it. They all say that as long as you apply for the entrepreneur ext in time, your status stay legal by section 3c and can apply 28 days before actually hitting 10 years. so if you are 2 months short than and you take advantage of "28 days-before" rule then your gap reduces to 1 month and 2 days. Please some one correct me if I am wrong.


thanks.