Need guidance on PBS dependent Tier 1 (Entrepreneur) visa applications

ioftiger · Post by **ioftiger** » Sun Mar 24, 2019 9:19 pm

Hi There,

After spending 4 years 7 months in UK on ICT Tier 2 Staff dependent visa, I have recently moved to Tier 1 Entrepreneur visa as main applicant on £200K route

whereas my spouse is still on ICT Tier 2 Visa and two children on ICT Tier 2 staff dependent. I filed my application from outside of UK and after entry clearance, I have come back to UK on my Tier 1 Entrepreneur visa. Now, I would want my spouse and two children to move on PBS dependent Tier 1 (Entrepreneur) visa.

Hereby, I am having few questions on which I am looking expert advice as Page number 15 of The Points Based System (Dependant) - Policy Guidance version 01/2019 document says as below

"
Family members of Tier 1 (General), Tier 1 (Entrepreneur) and Tier 1 (Post Study Work) migrants

70. If the Tier 1 Migrant is outside the United Kingdom or has been present in the United Kingdom for less than 12 months, you must show that you, the Tier 1 Migrant, or (for children) your other parent have at least £1890 to support you; this is in addition to any funds the Tier 1 Migrant needs to prove they have enough money to support themselves.

71. If the Tier 1 Migrant has been in the United Kingdom for 12 months or more, you must have £630 to support yourself.

72. For example, the Tier 1 Migrant has been in the UK for 6 months and is making an application at the same time as their spouse and two children. They must show that they have £1890 for their spouse and a further £1890 for each child, in addition to £945 required for their own support. In total the family will require evidence that they hold £6615 in available funds (£1890 x 3 = £5670+£945).

73. If the same Tier 1 Migrant and their family had been present in the UK for two years, they would require evidence that they held £2835 (£630 x 3 = £1890 + £945) in available funds.

74. If you are applying as the family member of a Tier 1 (Entrepreneur) migrant you cannot use the same funds to meet the maintenance requirement that the Tier 1 (Entrepreneur) used to meet the attributes requirement (appendix A of the Immigration Rules).

"

Question - My husband and two children are in UK since 4 years 9 months. I am but confused

on how much maintenance fund I am required to maintain for 90 days to show as family before the applications of my spouse and children.

Appreciate your quick reply.

Thanks in advance!

Post by **zimba** » Sun Mar 24, 2019 10:34 pm

You need £630 per dependant (total £630 x 3 = £1890)

ioftiger · Post by **ioftiger** » Sun Apr 14, 2019 12:28 am

Thanks Zimba.

ioftiger · Post by **ioftiger** » Sun Apr 14, 2019 1:17 am

Hi There,

After spending 4 years 7 months in UK on ICT Tier 2 Staff dependent visa, I have recently moved to Tier 1 Entrepreneur visa as main applicant on £200K route

whereas my spouse is still on ICT Tier 2 Visa and two children on ICT Tier 2 staff dependent. After entry clearance, I have come back to UK on my Tier 1 Entrepreneur visa and as next step, I would want my spouse and two children to move on as my dependents.

My two children are in UK currently as PBS dependents(ICT Tier 2 Staff dependent visa) wheras on my husband is on ICT Tier 2 visa which expires on 18th July 19. I would want my two children and my spouse(who is also in UK) to move on PBS dependent Tier 1 (Entrepreneur) visa as my dependents.

I do have maintainane funds for more than 90 consequetive days
- £1890 (£630 * 3) as for my dependents.
- £3310 as my maintainance funds.

My spouse is planning to use super priority service whereas we want to go ahead with strandard service for my two children's application.

I understand that once my spouse moves on PBS dependent Tier 1 (Entrepreneur) visa, the existing ICT Tier2 visa will be cancelled and thus my children's ICT Tier 2 Staff dependent visas will be ceased. Not sure if I am correct but I dont want to get in situation where my children are not on visa. Hence, I am totally confused

, looking for guidance and expert advise on how to file dependent's application.

Q-1: Shall I first file applications for my chidren to move on PBS dependent Tier 1 (Entrepreneur) visa using standard service and after somedays my husband should file his application to move on PBS dependent Tier 1 (Entrepreneur) visa using super priority service?

Q-2: If the above is fine then how many days shall my spouse should wait to file application?

Q-3: Any other better approach that I should take?

Appreciate your quick reply.

Thanks in advance!

Post by **marcnath** » Sun Apr 14, 2019 10:32 am

ioftiger wrote: ↑
Sun Apr 14, 2019 1:17 am
Hi There,

After spending 4 years 7 months in UK on ICT Tier 2 Staff dependent visa, I have recently moved to Tier 1 Entrepreneur visa as main applicant on £200K route whereas my spouse is still on ICT Tier 2 Visa and two children on ICT Tier 2 staff dependent. After entry clearance, I have come back to UK on my Tier 1 Entrepreneur visa and as next step, I would want my spouse and two children to move on as my dependents.

My two children are in UK currently as PBS dependents(ICT Tier 2 Staff dependent visa) wheras on my husband is on ICT Tier 2 visa which expires on 18th July 19. I would want my two children and my spouse(who is also in UK) to move on PBS dependent Tier 1 (Entrepreneur) visa as my dependents.

I do have maintainane funds for more than 90 consequetive days
- £1890 (£630 * 3) as for my dependents.
- £3310 as my maintainance funds.

My spouse is planning to use super priority service whereas we want to go ahead with strandard service for my two children's application.

I understand that once my spouse moves on PBS dependent Tier 1 (Entrepreneur) visa, the existing ICT Tier2 visa will be cancelled and thus my children's ICT Tier 2 Staff dependent visas will be ceased. Not sure if I am correct but I dont want to get in situation where my children are not on visa. Hence, I am totally confused , looking for guidance and expert advise on how to file dependent's application.

Q-1: Shall I first file applications for my chidren to move on PBS dependent Tier 1 (Entrepreneur) visa using standard service and after somedays my husband should file his application to move on PBS dependent Tier 1 (Entrepreneur) visa using super priority service?

Q-2: If the above is fine then how many days shall my spouse should wait to file application?

Q-3: Any other better approach that I should take?

Appreciate your quick reply.
Thanks in advance!

Why does your husband want to apply for super priority while the kids do the standard route ?

Why not all of them use the same route - whether it is super priority or standard ?

ioftiger · Post by **ioftiger** » Sun Apr 14, 2019 7:42 pm

Hi Marcnath,

Thanks for your reply.

Its an obivious question and I should have clarified the same earlier. My husband wants to go ahead with Super Priority visa as he wants to continue his job. If he goes with standard route then the employer will not agree unless the visa is actually approved on paper/ biometric card is received whereas there is no such compeltion for my children.

I hope this answere's your question. Appreciate if could you let me on my orignal questions or if our approach is totally wrong.

Thanks.
Kind Regards!

Post by **marcnath** » Sun Apr 14, 2019 11:35 pm

ioftiger wrote: ↑
Sun Apr 14, 2019 7:42 pm
Hi Marcnath,

Thanks for your reply.

Its an obivious question and I should have clarified the same earlier. My husband wants to go ahead with Super Priority visa as he wants to continue his job. If he goes with standard route then the employer will not agree unless the visa is actually approved on paper/ biometric card is received whereas there is no such compeltion for my children.

I hope this answere's your question. Appreciate if could you let me on my orignal questions or if our approach is totally wrong.

Thanks.
Kind Regards!

Once your husband applies for a dependent visa, the current visa continues to be valid until the dependant visa is approved. So there should be no impact on the employment.

ioftiger · Post by **ioftiger** » Mon Apr 15, 2019 1:13 am

Hi Marcnath,

Thanks for your reply.

I think this should be fine if he continues with same employer but what if he has to switch job. In such casen the new employer will accept only the valid visa document. Although its mentioned the standard route would take 8 weeks but not sure how much will it take.

Looking at this uncertainty he is planning to go through super priority root.

This takes back to the original question on which I am looking advice from experts like you. Kindly, advise accordingly.

Thanks!
Kind regards.

Post by **marcnath** » Mon Apr 15, 2019 7:33 am

ioftiger wrote: ↑
Mon Apr 15, 2019 1:13 am
Hi Marcnath,

Thanks for your reply.

I think this should be fine if he continues with same employer but what if he has to switch job. In such casen the new employer will accept only the valid visa document. Although its mentioned the standard route would take 8 weeks but not sure how much will it take. Looking at this uncertainty he is planning to go through super priority root.

This takes back to the original question on which I am looking advice from experts like you. Kindly, advise accordingly.

Thanks!
Kind regards.

Ok.

If you want to be absolutely sure, then you should switch your kids and only change your jusband’s visa after that has been approved.
That has its own complication as normally single parent dependant visa is for single parents or sole custody parents. So, at the minimum, expect to get quite some questions.

The easiest is to apply together. The additional fees is possibly worth it to avoid uncertainty

ioftiger · Post by **ioftiger** » Tue Apr 16, 2019 1:35 pm

Thanks Marcnath. As explained, I think looking at all the complications, the best would be go ahead together with super priority route.

Kind regards!

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