Multiple Extension to qualify ILR under Tier-1 Route

Dear Sir/Madem,
Due to the new changes, I have two question and appreciated for your kind support in replying these:

Can we take two extension under Tier -1 Entrepreneur route as I am as PBS dependent (partner) will not qualify for ILR after first extension due to excess absence and thought to take the 2nd extension to complete my 5 year under new absence policy.

My first three year on Tier-1 will be completed on July 2021, and assume the extension will be given for two year upto July 2023 but by this I will not be completing 5 year as will be short of few months and thought will apply another two years extension under PBS dependent to cover short period.

However, I heard that due to the new changes we cannot apply other extension after 6 April 2023 whereas my 2nd extension will be due after July 2023.

Appreciated for your advise what I should do in this case.

2nd question, if I applied for ILR despite of excessive absence along with children as to qualify for children ILR, both parent be settled in the UK legally , or applying to settle together so in this case weather conditional ILR can be given to 2nd parent for settlement with condition that cannot apply for passport unless completed the full 5 year residence qualifying period.

thanks

It's unclear what you mean by 'conditional ILR'.

If you don't qualify for ILR under the Immigration Rules the application will be refused. In any event, offering to hold off from applying for a British passport is irrelevant, as this requires British citizenship first.

thanks Dear Casa for your reply.

Conditional ILR means that ILR may be granted to the 2nd parent as well but 2nd parent cannot apply for citizenship / passport unless completed 5 year continuous residence in UK.

NOTE: The first parent and child already qualified and covering within the new absence policy. However the 2nd parent has to wait and request for 2nd extension due to excess absence and then will apply for ILR along with Child.

Otherwise due to 2nd parent, the ILR for child also will be refused even-though the child is in the UK throughout 5 years. Is this my understanding is correct? if not then how can we correct this situation as i was not aware of the 180 days new policy and become aware of that after reading the immigration board discussions.

What about first question? Will i be allowed to apply 2nd extension as during 2nd extension will be covered with absence and would applied that time with children considering that first parent already got the ILR.

thanks

PBS or Innovator dependent child applications where only one of the parents has ILR Paragraphs 319F to 319J of the Immigration Rules state that a child cannot be granted ILR as the family member of a PBS migrant or Innovator until both parents have been or are being granted ILR. However, the rules also provide a route of entry for the child of a PBS migrant or innovator who has ILR and a PBS or Innovator
dependent partner who is still serving their probationary period for ILR.


https://assets.publishing.service.gov.u ... 6.0ext.pdf

waysee wrote: ↑

Sat Apr 06, 2019 4:28 pm

Dear Sir/Madem,
Due to the new changes, I have two question and appreciated for your kind support in replying these:

Can we take two extension under Tier -1 Entrepreneur route as I am as PBS dependent (partner) will not qualify for ILR after first extension due to excess absence and thought to take the 2nd extension to complete my 5 year under new absence policy.

My first three year on Tier-1 will be completed on July 2021, and assume the extension will be given for two year upto July 2023 but by this I will not be completing 5 year as will be short of few months and thought will apply another two years extension under PBS dependent to cover short period.

However, I heard that due to the new changes we cannot apply other extension after 6 April 2023 whereas my 2nd extension will be due after July 2023.

Appreciated for your advise what I should do in this case.

2nd question, if I applied for ILR despite of excessive absence along with children as to qualify for children ILR, both parent be settled in the UK legally , or applying to settle together so in this case weather conditional ILR can be given to 2nd parent for settlement with condition that cannot apply for passport unless completed the full 5 year residence qualifying period.

thanks

This is confusing. When will the main applicant qualify for ILR ? Is the main applicant also having a challenge to meet the continuous stay requirement ?

If you apply for extension in July 2021, it is highly unlikely the extension will be granted in July. You get two years from when the extension is granted, so if you get the extension in October, then the extension will be valid until Oct 2023.

I haven't looked at changes, if any, to the PBS dependant application. So, while end dates for extension applications for the Tier 1 Entrepreneur are clear, I am not sure if the same dates apply to PBS dependant application.

Thanks so much Dear Casa for providing me link details but have last one confusion that as per the recent changes it says that "4) Extension applications for Tier 1 (Entrepreneur) migrants will remain open until 5 April 2023, and settlement applications until 5 April 2025.

Is this mean, this only for PBS migrants and NOT for PBS dependents/partner and for dependent/partner, the below probationary period will be applied that partner still will be able to apply further leave ( extension) up to 3 years after the expiry of 5 year leave under Tier-1 entrepreneur route (i.e 3.4+2 years)

Your kind reply will make me stress free thinking. thanks

the below as per the provided link (page 29 of 55)
5-year probationary period
Dependent partners of PBS migrants or Innovators must complete a 5-year probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS dependant or Innovators rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.

Dear marcnath, thanks for your reply.
The linked shared by Casa is quite helping but it used with legal wording which sometime difficult to understand. I had send some comments to Casa for kind reply.

My spouse is fine with the leave policy and in line with the absence policy along with children. Only me as partner are facing difficulties due to excessive absences.

By referring the points mentioned in page 30 under heading "Considering the Application" means that child already with the eligible absence will be given another leave in line with the parent who have short absence and will be able to apply ILR with the parent only who has excessive absence despite of first parent who is qualifying for ILR as per rules.

Considering the application ( as per link shared by case page 30 0f 55), home office document:
If the application meets the requirements of the rules, you must grant leave in line with the parent who has limited leave as the dependent partner of a person who has either:
• limited leave to enter or remain as a PBS migrant or Innovator
• indefinite leave to remain as a PBS migrant or Innovator
• • become a British citizen

Appreciated for your kind comments on my understanding please. thanks

So it is quite clear that you will be able to keep extending your PBS dependant visa, three years at a time, until you qualify for ILR based on absences. This is true even if you partner gets his/her ILR and even British Citizenship.

Your children will also get their dependant visa extended with yours and can apply for ILR when you are eligible to do so. Note that if the children are above 18, you will need to provide documentation to show they are not living an independent life.

Dear marcnath

Can I apply the below policy rule on my case mentioned in the link provided by Casa in above post under heading of “PBS or Innovator dependent child applications where only one of the parents has ILR” Paragraphs 319F to 319J of the Immigration Rules (referring page 30 of 55, 2nd last para and further explanation on point 319H requirement under para F and point (ii) as below:

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing,

In our case, my spouse (wife) is a main applicant and business woman, taking care of all including children care. Me and child are under PBS dependent category. She is responsible of children financial, paying house rent from her personal account, children are staying in her rented home, in school record she is point of contact. I am jobless and struggling for job but sometime help my wife in her business.

In such situation, is it possible to define my wife as a sole responsible of the child upbringing which actually she is for children. Is this required to prove this through any kind of document and if under this condition children also can apply for ILR at the same time of submission of wife ILR application?

Your reply will really helped me to understand this law please. thanks

You are trying to interpret the rules to suit your situation.

If you are married and living together, she does not have sole responsibility.

The children will qualify for ILR when you qualify for ILR.

thanks CR001 for your reply.

I have a opportunity to work in Dubai and will be moved after carefull decsion and most likely will not be in the route of ILR qulifiction. In case I don't live together then will this rule support this case. thanks

waysee wrote: ↑

Tue Apr 09, 2019 6:23 pm

thanks CR001 for your reply.

I have a opportunity to work in Dubai and will be moved after carefull decsion and most likely will not be in the route of ILR qulifiction. In case I don't live together then will this rule support this case. thanks

Your children will qualify for ILR when both parents are settled/hold ILR or one holds ILR and the other is applying or both are applying for ILR at the same time.

waysee wrote: ↑

Tue Apr 09, 2019 6:23 pm

thanks CR001 for your reply.

I have a opportunity to work in Dubai and will be moved after carefull decsion and most likely will not be in the route of ILR qulifiction. In case I don't live together then will this rule support this case. thanks

Sole responsibility for your wife will need to be some form of court document, such as in the case of divorce or separation.

Dear Moderators,

Ref to my old post about 5-year probationary period for PBS dependents which defined as:

Dependent partners of PBS migrants or Innovators must complete a 5-year probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS dependent or Innovators rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years.

The same was discussed with my colleague in recent days and he put me on doubt that the above is for Innovator as per new policy. The extension rule for PBS dependents will be same like those applied to Tier-1 Entrepreneur Migrant i.e

Extension application for Tier -1 ( Entrepreneur) migrant remain open until 5 April 2023 and settlement application until 5th April 2025.

I am looking for advice from all experts if the above stated last dates applied to the principle applicant or this will apply to the PBS dependent also.

I am asking this to clarify those case where first extension ending on July 23 ( after the above ending stated policy) and further extension is required to meet ILR 5 year residence requirement.

Mr. marcnath already had given his kind comments and looking for this confirmation again due to some confusion i have had as the time also has passed and likely guidelines are visible to the experts now

Appreciated for your kind advise.

Hi
Appreciated for your advise if the below three year extension can be applied as PBS dependent in the same route under Tier-1 entrepreneur when the first partner applied for ILR and 2nd partner cannot because of short stay and needs further extension to complete 5 year period and if below clause covered this extension without switching to spouse visa.

Below extracted from earlier share post:
"Dependent partners of PBS migrants or Innovators must complete a 5-year probationary period before they qualify for ILR. If the PBS migrant obtains ILR or British citizenship before their partner has completed their 5 year probationary period, the partner can still apply for further leave to remain as a PBS dependent or Innovators rather than as the partner of a settled person. If their application meets the requirements, leave to remain can be granted for up to 3 years."

I have doubt if immigration board is active pls as not getting any response?

Appreciated to confirm if my understanding is correct.. pls

The immigration rules you quote are applicable only if the main PBS migrant applies for ilr based on tier 1 and not ilr long residence, so not sure what is confusing.

Note also the way you have worded your question seems to indicate 2 tier 1 ent partners, not a tier 1 and dependent spouse.

Thanks for the reply.
As per revised policy i.e" Extension application for Tier -1 ( Entrepreneur) migrant remain open until 5 April 2023 and settlement application until 5th April 2025."

My worry is if the above apply to Tier-1 Entrepreneur main PBS applicant or above also applied to Tier-1 Entrepreneur (PBS dependents/partner) category also.

Reason of asking if dependent /partner due to any reason failed to stay in UK following the rolling over absence policy and not completing the required absence as on 5th April 2023 and he/she required another extension. So can he get another extension enabling him to apply for ILR on completion of 5 year absence policy.

The think confusing me that above policy is for main applicant and does not apply to Tier-1 entrepreneur dependents and his partner. Dependents / Partner of Main applicant can request for another extension despite of above mentioned dead line and off-course this will be done only if the main applicant already got ILR.

Sorry of asking and repeating the same words as this new changes are really threatening in understanding therefore had asked the clarity from the expert team to avoid any situation later at the time of extension pls. Thanks and will wait for your kind reply

It applies to MAIN Tier 1 Ent migrant and not to dependents. They are different immigration rules. Immigration rules part 6A for main PBS and Immigration rules Part 8 for PBS Dependents.

thanks for the reply. I had read part 8 and related clause that is about ILR as" PBS migrant or Innovator was granted ILR in that category must be considered under paragraphs 319AA to 319J in part 8 of the Immigration Rules."

But

Actually my query is about 2nd extension, if main applicant got ILR but partner/dependents did not as he did not complete 5 year absence policy so does he/she can get another extension to cover the short period like two year was absence from uk, he got the first extension after three year under tier -1 entrepreneur route but he need further two year extension to cover this two years short So will he can get the extension pls without switching to spouse visa route..

This will help me as i am normal user and very hard in understanding the policy and legal terms.
thanks

If you apply for ILR and it is approved based on 5 years tier, then yes, your dependent can apply for an extension until they meet the requirements for ilr. It will be a 3 year pbs dependent extension.

If you apply for ilr based on 10 years long residence, then your dependent cannot extend their PBS dependent visa.

waysee wrote: ↑

Wed Oct 02, 2019 6:55 pm

thanks for the reply. I had read part 8 and related clause that is about ILR as" PBS migrant or Innovator was granted ILR in that category must be considered under paragraphs 319AA to 319J in part 8 of the Immigration Rules."

But

Actually my query is about 2nd extension, if main applicant got ILR but partner/dependents did not as he did not complete 5 year absence policy so does he/she can get another extension to cover the short period like two year was absence from uk, he got the first extension after three year under tier -1 entrepreneur route but he need further two year extension to cover this two years short So will he can get the extension pls without switching to spouse visa route..

This will help me as i am normal user and very hard in understanding the policy and legal terms.
thanks

Yes, the dependent should be able to continue to apply for extension as PBS dependent until he/she qualifies for ILR