Tier 1 entrepreneur dependent to ILR

Hello experts

I need your kind advice on few questions please. I have Tier 1 entrepreneur extension visa in process. Applied inside UK on 21/11/2018 with my wife and 2 kids as dependent biometric done on 14/12/2018. The application is still pending, we received a not straight forward main on 07/01/2019. I first came in UK on student visa on 29/09/2009 and that student visa was granted in India from 15/09/2009. When will be eligible to apply for ILR on 10years route. On the day i first arrived in UK or the date my first visa was valid from i.e 15/09/2009.

The other question is my family came as a PBS dependent on my entrepreneur visa on 06/03/2017
If I go for ILR on 10years basis in September 2019 can my family apply for ILR with me or they can stay on their dependent visa if we receive in the mean time. If i apply for ILR do i have to maintain any funds and is their any income requirement.
As my family came half way on my dependent visa and even after their PBS extension visa they will not be able to complete there 5 years so what visa they will be on if i change my entrepreneurs to ILR? Will i have to change their visa also if i switch to ILR after my 10years route?

We have our son born in UK on 15/01/2019 is it advisable to apply for his indian passport or wait till my ILR and then apply for his british passport instead as we do not have any immediate travel plans.

If I go for ILR on 10years basis in September 2019 can my family apply for ILR with me

No.

or they can stay on their dependent visa if we receive in the mean time. If i apply for ILR do i have to maintain any funds and is their any income requirement.

As my family came half way on my dependent visa and even after their PBS extension visa they will not be able to complete there 5 years so what visa they will be on if i change my entrepreneurs to ILR? Will i have to change their visa also if i switch to ILR after my 10years route?

If you apply for ILR based on long residence, they have to switch to FLR(M) and meet the English and Financial requirement. Their clock for ILR will be reset to zero and a new 5 year route to ILR (2 x 2.5 year visas).

immigration-for-family-members/dependan ... 43881.html

We have our son born in UK on 15/01/2019 is it advisable to apply for his indian passport or wait till my ILR and then apply for his british passport instead as we do not have any immediate travel plans.

Your choice what you choose to do. To register as British he does NOT have to have a foreign passport.

Dear CR001

Thanks for your prompt reply.

Q : if I apply ILR after my Tier1 Entrepreneur extension. Can my family apply for ILR with me or not as they arrived in UK in march 2017 and even after finshing entrepenure extention they will not be able to complete there 5 continuous years in UK (they will be short of 1 year ). So in that case will they still need to apply for FLR(M) to complete 5 years first or they can apply for ILR with me.

Q: My second question is for example if I apply for ILR on 10years basis. Is it possible for me only to apply ILR first and then after getting my ILR then i can apply for my familys FLR(M)? If yes then after how many days after receiving ILR can I apply for my family's FLR (bear in mind my family is already in UK)

What will be my cheaper option as applying with family is really a horrendous experience in terms of visa fees.

meimran123 wrote: ↑

Tue Feb 12, 2019 5:03 pm

Dear CR001

Thanks for your prompt reply.

Q : if I apply ILR after my Tier1 Entrepreneur extension. Can my family apply for ILR with me or not as they arrived in UK in march 2017 and even after finshing entrepenure extention they will not be able to complete there 5 continuous years in UK (they will be short of 1 year ). So in that case will they still need to apply for FLR(M) to complete 5 years first or they can apply for ILR with me.

Q: My second question is for example if I apply for ILR on 10years basis. Is it possible for me only to apply ILR first and then after getting my ILR then i can apply for my familys FLR(M)? If yes then after how many days after receiving ILR can I apply for my family's FLR (bear in mind my family is already in UK)

What will be my cheaper option as applying with family is really a horrendous experience in terms of visa fees.

1. They need 5 years as pbs dependents to qualify for ILR. If you get ILR through tier 1 they can continue to extend their tier 1 dependent visas till they qualify for ILR.

2. Yes you can. They will need 2 x flr m applications to tallying 5 years before ILR. You cannot add pbs time to make up 5 years.

Remember also that IHS fee has doubled in January.

Thanks for the reply.

So if I change my entrepreneur e visa to ILR on 10 years route my family don't necessary will have to change there visa to FLR straight away as they will have valid dependent entrepreneurs ext visa.

Q: I read one of you answers in this forum to someone who was in similar situation and you have suggested him ,"Include your daughter with your application for ILR. Small children do not have to meet the 5 years residence." Can I also do same for 2 of my kids (both born outside UK). Like when I apply for my ILR on 10years basis i include my both kids with my application and only apply for FLR for my wife only?

indefinite-leave-to-remain/tier-1-entre ... l#p1612248

Sorry I am bothering you too much. I highly appreciate your help

meimran123 wrote: ↑

Tue Feb 12, 2019 7:58 pm

Thanks for the reply.

So if I change my entrepreneur e visa to ILR on 10 years route my family don't necessary will have to change there visa to FLR straight away as they will have valid dependent entrepreneurs ext visa.

Q: I read one of you answers in this forum to someone who was in similar situation and you have suggested him ,"Include your daughter with your application for ILR. Small children do not have to meet the 5 years residence." Can I also do same for 2 of my kids (both born outside UK). Like when I apply for my ILR on 10years basis i include my both kids with my application and only apply for FLR for my wife only?

indefinite-leave-to-remain/tier-1-entre ... l#p1612248

Sorry I am bothering you too much. I highly appreciate your help

Long residence ILR does not permit dependents to apply for ILR with you. Your spouse and children born abroad must change to flr m, there are no exceptions.

The link you have posted is specifically for ILR based on 5 years PBS route and not long residence ILR, hence the answers are different.

Thanks, got it and it make sense. Can kindly answer final question:

Q: if I change my entrepreneur e visa to ILR on 10 years route my family don't necessary will have to change there visa to FLR straight away as they will have valid dependent entrepreneurs ext visa. So they can stay on their PBS and then they can switch to FLR whenever it will be convenient for us.

meimran123 wrote: ↑

Tue Feb 12, 2019 9:51 pm

Thanks, got it and it make sense. Can kindly answer final question:

Q: if I change my entrepreneur e visa to ILR on 10 years route my family don't necessary will have to change there visa to FLR straight away as they will have valid dependent entrepreneurs ext visa. So they can stay on their PBS and then they can switch to FLR whenever it will be convenient for us.

Correct. But they should not travel out of the UK until they have switched to FLR(M). The sooner they switch, the sooner they start their 5 years towards ILR based on 5 years residence.

Remember also that visa fees increase in April.

Dear expert,

I am please to inform you guys that I have got my Tier1 extension. Thanks for this forum. I have few further questions please:

Q1. my initial T1 Entrepreneur was issued on 23/11/2015 as per this i am eligible to apply for ILR on 23/11/2020. And i still have my Tier 1 Ent E valid until 22/07/2021 same validity is for my 2 kids who are already in UK age 5years and 8years (both born outside UK). So my question is when I will apply for my ILR on the basis of my Tier 1 Ent can I include my kids with my ILR application bear in mind that they will only have 3years and 9 months in UK at the time of my ILR application that I will do on 24/11/2020. If yes then what is the exact criteria in terms of age for minors. Can you kindly send HO link or guideline for including kids.

Q2. My wife who is also my dependent, she has T1 PBS leave to remain until 22/07/21 so I will have to do an extension for her because her 5 years will complete on 06/03/2022. My question after getting my ILR and when i will do her extention will I have to provide my ILR documents or Entrepreneur's documents, which rules will apply on her dependent of T1 ent or dependent of ILR holder because by that time i would be able to move to ILR category from T1 wnt. Or it will be obvious for Home office after checking my immigration history that I have got ILR while my dependent is still on PBS T1 dependent.

Thanks in advance guys

Your children will only qualify for ilr when your wife does. The rules state that both parents must be applying for ilr when the children do or one just have ilr already and the other one apply with the children.

CR001 wrote: ↑

Mon Sep 16, 2019 6:37 pm

Your children will only qualify for ilr when your wife does. The rules state that both parents must be applying for ilr when the children do or one just have ilr already and the other one apply with the children.

Thank you for your prompt reply. So in that case I can apply ILR for myself only on 24/11/20 and my kids and wife can continue on the current leave and then do extension for all three before there leave expires.

Can you please answer to my second question, include my kids also in the question based on your answer to my question 1 .

Kids will also need an extension and can apply for ilr when your wife does.

There are no tier 1 documents required for dependent extension. You simply need to prove £630 maintenance funds for 90 days for each dependent.

Ho do actually know the rules.