Long Residence (10 years) and PBS dependent spouse

[jsuhagiya]

Dear moderators,
I am going to apply for my tier 1 entrepreneur extension in October 2019. I entered in the UK Jan 2010. I want to vary my application to ILR LR in Jan 2020 if my T1 E application is not decided. Now, my questions are as follow;

1. My wife entered in the UK in December 2011. She is currently on my dependent visa. Therefore, I will have to apply for her with me for T1 E. What will be her immigration status when I vary my application to ILR LR?

2. I have a 3 year old daughter and she is also my T1 dependent visa. Once I have my ILR, can I apply for citizenship directly or she has to go through the naturalisation? Also, what would be her immigration status when I vary to ILR LR?

Thank you

[CR001]

1. You will have to vary or apply for her on form FLR(M). She cannot continue as a PBS Dependent if you get ILR based on Long Residence.

2. Where was your daughter born??

[jsuhagiya]

Thank you very much for the reply. Somehow I could not read your post as every time I logged in could not get to locate my questions.
My daughter was born here in the UK and she is an Indian citizen.

[jsuhagiya]

Also, for my daughter do I need to apply extension as T1 dependent or it is alright for me to wait till my application gets sorted. Would she be considered overstayer? Some solicitor advised me not to apply hers with my T1 E.
Will greatly appreciate your insight. Thank you

[CR001]

Your daughter does not need a valid visa to register as British. You can expect ho to ask about her though if you don't submit an application.

[jsuhagiya]

Thank you

[jsuhagiya]

Dear experts,

Thank you for all the support and guidance. My T1 Extension application has been approved now just in 1 day.

My wife who has a T1 Ext dependent visa expiring on 12 Dec 2021. She finishes her 10 years in Nov 2021. I am going to apply for my ILR LR in January 2020. Does my wife need to change to my dependent visa after my ILR LR gets approved or she can wait till Nov 2021 as she will finish her long residence.

Kind request to advise. Thank you

[aman90]

My wife who has a T1 Ext dependent visa expiring on 12 Dec 2021. She finishes her 10 years in Nov 2021. I am going to apply for my ILR LR in January 2020. Does my wife need to change to my dependent visa after my ILR LR gets approved or she can wait till Nov 2021 as she will finish her long residence.

It may be a problem if she plans to travel between the time she qualifies.
Technically once you take the LR route she shouldn’t be a T1 dependant visa holder.
To keep it simple it would be better to go for FLR(m)

[jsuhagiya]

Much appreciated!