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ILR on T1 ENTREPRENEUR and dependents

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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rajrea
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ILR on T1 ENTREPRENEUR and dependents

Post by rajrea » Tue Jul 10, 2018 2:45 pm

CR001 wrote: ↑
Mon Jul 09, 2018 10:28 am
 UK born children have an entitlement to register and do not require valid leave or minimum residence requirement.



Hi CR001,

Regards to your comment

My child is born in uk in year 2015 and he got Indian Passport and currently he is on Tier 1 Ent dependent visa which is valid till April 2019.
My question is If me and my wife apply for ILR in Jan 2019 and as per Home office guidelines it says it can take up to 6 months for ILR postal application in this situation Can I leave my child on Tier 1 Ent dependent ?

If our ILR decision is still pending even after April 2019 ?

From your comment I assume that - My child doesn't have any issues even though he doesn't have valid leave to remain as he was born in uk ?

Correct me if I am wrong.
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CR001
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Re: ILR on T1 ENTREPRENEUR and dependents

Post by CR001 » Tue Jul 10, 2018 2:48 pm

1. Kindly refrain from tagging your questions onto other members topic, it is unfair to other posters. I have split your post.

2. You do not have to apply for your UK born child to get ILR. HO will likely write to you to ask about the child though. A UK born child, especially one under the age of 10, does not need to have ILR or valid leave to register as British as they have an entitlement to register.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
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marcnath
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Re: ILR on T1 ENTREPRENEUR and dependents

Post by marcnath » Tue Jul 10, 2018 2:59 pm

rajrea wrote: ↑
Tue Jul 10, 2018 2:45 pm
CR001 wrote: ↑
Mon Jul 09, 2018 10:28 am
 UK born children have an entitlement to register and do not require valid leave or minimum residence requirement.



Hi CR001,

Regards to your comment

My child is born in uk in year 2015 and he got Indian Passport and currently he is on Tier 1 Ent dependent visa which is valid till April 2019.
My question is If me and my wife apply for ILR in Jan 2019 and as per Home office guidelines it says it can take up to 6 months for ILR postal application in this situation Can I leave my child on Tier 1 Ent dependent ?

If our ILR decision is still pending even after April 2019 ?

From your comment I assume that - My child doesn't have any issues even though he doesn't have valid leave to remain as he was born in uk ?

Correct me if I am wrong.
Yes, that is correct. If your child will be registering for British citizenship, then there would be no issues.
If that takes beyond April 2019, then the child will become an overstayer. But there are no practical implications to that unless there is a need to travel and apply for a dependant visa again (if your ILR takes a long time)
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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rajrea
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Posts: 175
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Location: UK
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Re: ILR on T1 ENTREPRENEUR and dependents

Post by rajrea » Fri Jul 13, 2018 6:20 am

CR001 wrote: ↑
Tue Jul 10, 2018 2:48 pm
 1. Kindly refrain from tagging your questions onto other members topic, it is unfair to other posters. I have split your post.

2. You do not have to apply for your UK born child to get ILR. HO will likely write to you to ask about the child though. A UK born child, especially one under the age of 10, does not need to have ILR or valid leave to register as British as they have an entitlement to register.
Hi CR001,

Apology for tagging questions on other mem topic as I was in same boat I have posted my query in the same topic.

&
Thanks for your comment on my query
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rajrea
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Posts: 175
Joined: Wed Jul 31, 2013 5:20 pm
Location: UK
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India

Re: ILR on T1 ENTREPRENEUR and dependents

Post by rajrea » Fri Jul 13, 2018 2:07 pm

marcnath wrote: ↑
Tue Jul 10, 2018 2:59 pm
rajrea wrote: ↑
Tue Jul 10, 2018 2:45 pm
CR001 wrote: ↑
Mon Jul 09, 2018 10:28 am
 UK born children have an entitlement to register and do not require valid leave or minimum residence requirement.



Hi CR001,

Regards to your comment

My child is born in uk in year 2015 and he got Indian Passport and currently he is on Tier 1 Ent dependent visa which is valid till April 2019.
My question is If me and my wife apply for ILR in Jan 2019 and as per Home office guidelines it says it can take up to 6 months for ILR postal application in this situation Can I leave my child on Tier 1 Ent dependent ?

If our ILR decision is still pending even after April 2019 ?

From your comment I assume that - My child doesn't have any issues even though he doesn't have valid leave to remain as he was born in uk ?

Correct me if I am wrong.
Yes, that is correct. If your child will be registering for British citizenship, then there would be no issues.
If that takes beyond April 2019, then the child will become an overstayer. But there are no practical implications to that unless there is a need to travel and apply for a dependant visa again (if your ILR takes a long time)

Thanks Marcnath for your input.
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