Tier 1 Entrepreneur Dependant Route to ILR?

LexJag · Post by **LexJag** » Fri Oct 16, 2020 11:42 pm

Hello Good people.

I'm tyrying to help out a family in confusion.

Circumstances:

Husband:
Tier 1 Entrepeneur Visa - 2014
Tier 1 Entrepreneur Visa Extension - 2018 (1 year wait time from applying in 2017)
ILR - 2019
Child benefit application in the process under father's name

Wife:
Tier 1 Entrepeneur Dependant Visa - 2015
Tier 1 Entrepeneur Dependant Visa Extension - 2018 (1 year wait time from applying in 2017)
Tier 1 Entrepeneur Dependant Visa Extension (Second) - 2019

2 Kids:
Born in the UK - 2016
Child benefit application in the process under father's name.(Application put in October 2020)

Questions:
The Husband is due to apply for Citizenship in December 2020 and wife due to apply for ILR in November 2020.
1. What route should the wife take to apply for ILR?
2. Can the 2 kids apply for citizenship before their father? Or is there a minimum or set time they can apply?
3. Will child benefit affect wife's ILR application?

Many thanks for your swift responses.

CULLINAN · Post by **CULLINAN** » Sat Oct 17, 2020 12:25 am

Why does it seem you are asking almost the same question’s for the “family” which has exactly the same timeline and circumstance as yours?

british-citizenship/ilr-to-citizenship- ... l#p1948512

LexJag · Post by **LexJag** » Sat Oct 17, 2020 7:36 am

CULLINAN wrote: ↑
Sat Oct 17, 2020 12:25 am
Why does it seem you are asking almost the same question’s for the “family” which has exactly the same timeline and circumstance as yours?

british-citizenship/ilr-to-citizenship- ... l#p1948512

It might seem same, but I'm no expert in this. When i showed them the response i received from you in my circumstance, they were not satisfied as they wanted me to spell out their own case. In my case, i was more particular about my citizenship, in theirs it's more about the ILR route to follow. So whereas,I'm not bothered about the ILR route in my situation, they're bothered about it. So please don't take any offence at my question. It's just family helping another confused family.

If you've got clear answers as you did for mine, please can you help this family out?

Thanks.

CR001 · Post by **CR001** » Sat Oct 17, 2020 8:06 am

1. What route should the wife take to apply for ILR?

There is ONLY one route. Set O for ilr as a PBS dependent.

2. Can the 2 kids apply for citizenship before their father? Or is there a minimum or set time they can apply?

A UK born child is entitled to apply for citizenship on form MN1 when EITHER parent is granted ilr. They could have applied last year already. Their fathers citizenship application is irrelevant to this.

3. Will child benefit affect wife's ILR application?

No.

LexJag · Post by **LexJag** » Sat Oct 17, 2020 10:16 am

Extremely grateful for your clear responses. This has resolved the debate between two families. We are very thankful.

LexJag · Post by **LexJag** » Sat Oct 17, 2020 4:26 pm

Hello Gurus,

Another heated debate going on here...

Situation:
In 2012, his wife took and passed the Life in the UK test but was refused visa because she applied via the incorrect route back then. It's good to note that at the time, in 2012, her visa application was submited by post on the day her visa was to expire. However, her application arrived the HO after her visa expired. As a result, after over 9months of waiting for decision, she was asked to leave the UK in 2013 and given a ban of 12 months. She voluntarily left and returned as dependant of her husband in 2015(He was on Tier 1 Entrepreneur).

So, now that she is eligible for settlement through SET(0), his question is this:

1. Can she still use the Life in the UK Test that she passed in 2012 or
2. Would she need to take another Life in the UK Test again for this application via SET (0)?

Many thanks for your swift responses as usual.

seagul · Post by **seagul** » Sat Oct 17, 2020 7:09 pm

Swtqtnel wrote: ↑
Sat Oct 17, 2020 4:26 pm
Hello Gurus,

Another heated debate going on here...

Situation:
In 2012, his wife took and passed the Life in the UK test but was refused visa because she applied via the incorrect route back then. It's good to note that at the time, in 2012, her visa application was submited by post on the day her visa was to expire. However, her application arrived the HO after her visa expired. As a result, after over 9months of waiting for decision, she was asked to leave the UK in 2013 and given a ban of 12 months. She voluntarily left and returned as dependant of her husband in 2015(He was on Tier 1 Entrepreneur).

So, now that she is eligible for settlement through SET(0), his question is this:

1. Can she still use the Life in the UK Test that she passed in 2012 or
2. Would she need to take another Life in the UK Test again for this application via SET (0)?

Many thanks for your swift responses as usual.

LIUK test never expire, therefore, it must still be valid ..

AmazonianX · Post by **AmazonianX** » Sat Oct 17, 2020 7:11 pm

Swtqtnel wrote: ↑
Sat Oct 17, 2020 4:26 pm
Hello Gurus,

Another heated debate going on here...

Situation:
In 2012, his wife took and passed the Life in the UK test but was refused visa because she applied via the incorrect route back then. It's good to note that at the time, in 2012, her visa application was submited by post on the day her visa was to expire. However, her application arrived the HO after her visa expired. As a result, after over 9months of waiting for decision, she was asked to leave the UK in 2013 and given a ban of 12 months. She voluntarily left and returned as dependant of her husband in 2015(He was on Tier 1 Entrepreneur).

So, now that she is eligible for settlement through SET(0), his question is this:

1. Can she still use the Life in the UK Test that she passed in 2012 or
2. Would she need to take another Life in the UK Test again for this application via SET (0)?

Many thanks for your swift responses as usual.

Stand to be corrected but LIUK is stated as not having an expiry. Also what of her B1 English language requirements? How she meeting that?

LexJag · Post by **LexJag** » Sun Oct 18, 2020 12:14 am

seagul wrote: ↑
Sat Oct 17, 2020 7:09 pm

Swtqtnel wrote: ↑
Sat Oct 17, 2020 4:26 pm
Hello Gurus,

Another heated debate going on here...

Situation:
In 2012, his wife took and passed the Life in the UK test but was refused visa because she applied via the incorrect route back then. It's good to note that at the time, in 2012, her visa application was submited by post on the day her visa was to expire. However, her application arrived the HO after her visa expired. As a result, after over 9months of waiting for decision, she was asked to leave the UK in 2013 and given a ban of 12 months. She voluntarily left and returned as dependant of her husband in 2015(He was on Tier 1 Entrepreneur).

So, now that she is eligible for settlement through SET(0), his question is this:

1. Can she still use the Life in the UK Test that she passed in 2012 or
2. Would she need to take another Life in the UK Test again for this application via SET (0)?

Many thanks for your swift responses as usual.
LIUK test never expire, therefore, it must still be valid ..

Very many thanks for this.

LexJag · Post by **LexJag** » Sun Oct 18, 2020 12:15 am

AmazonianX wrote: ↑
Sat Oct 17, 2020 7:11 pm

Swtqtnel wrote: ↑
Sat Oct 17, 2020 4:26 pm
Hello Gurus,

Another heated debate going on here...

Situation:
In 2012, his wife took and passed the Life in the UK test but was refused visa because she applied via the incorrect route back then. It's good to note that at the time, in 2012, her visa application was submited by post on the day her visa was to expire. However, her application arrived the HO after her visa expired. As a result, after over 9months of waiting for decision, she was asked to leave the UK in 2013 and given a ban of 12 months. She voluntarily left and returned as dependant of her husband in 2015(He was on Tier 1 Entrepreneur).

So, now that she is eligible for settlement through SET(0), his question is this:

1. Can she still use the Life in the UK Test that she passed in 2012 or
2. Would she need to take another Life in the UK Test again for this application via SET (0)?

Many thanks for your swift responses as usual.
Stand to be corrected but LIUK is stated as not having an expiry. Also what of her B1 English language requirements? How she meeting that?

Very many thanks for this. She meets her requirement through Master's Degree taken in the UK in 2011.

LexJag · Post by **LexJag** » Sun Oct 18, 2020 12:28 am

Hello Gurus,

It's me again

. This time, it's the answer to a question we need guidance for.
On the SET (O) Form online, In the section "The person you are joining or accompanying", His wife has indicated her husband.

Then, Section 3: Public Funds requires answer to the below question.

"Do you or anyone else who is part of this application receive any public funds?
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance. See a full list."

Question:
1. Considering that the Child benefit application is in the process under father's name.(Application put in October 2020), and he was mentioned as the person wife is joining or accompanying, what should be her response to the Section 3: Public Funds answer? Is her husband part of the application?

Thank you for your swift response.

LexJag · Post by **LexJag** » Sun Oct 18, 2020 1:42 pm

Swtqtnel wrote: ↑
Sun Oct 18, 2020 12:28 am
Hello Gurus,

It's me again . This time, it's the answer to a question we need guidance for.
On the SET (O) Form online, In the section "The person you are joining or accompanying", His wife has indicated her husband.

Then, Section 3: Public Funds requires answer to the below question.

"Do you or anyone else who is part of this application receive any public funds?
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance. See a full list."

Question:
1. Considering that the Child benefit application is in the process under father's name.(Application put in October 2020), and he was mentioned as the person wife is joining or accompanying, what should be her response to the Section 3: Public Funds answer? Is her husband part of the application?

Thank you for your swift response.

https://assets.publishing.service.gov.u ... 0_v1.0.pdf

In the above document, it states:

What happens when the main applicant has been granted indefinite
leave to remain (ILR)?
16. If you are the dependant of a person (Main Applicant) who has indefinite leave to remain (ILR), or
British citizenship, you should read this guidance as if they still hold their last grant of limited leave.
....
Settlement eligibility for partners
21. Your current leave must be as a dependant on your partner’s Tier 1, 2 or 5 visa.
...
23. When you apply for settlement, you and your partner must:
• be living together in your own accommodation
• not be using public funds

so this why we urgently need to know what to answer to the question about public funds in the application form.

please help!.

Thanks.

zimba · Post by **zimba** » Mon Oct 19, 2020 10:55 am

https://www.turn2us.org.uk/Benefit-guid ... de-content

LexJag · Post by **LexJag** » Mon Oct 19, 2020 11:17 am

Zimba wrote: ↑
Mon Oct 19, 2020 10:55 am
https://www.turn2us.org.uk/Benefit-guid ... de-content

Absolutely brilliant! This has cleared their doubts and confusion. Just perfect! Huge Thanks to you Zimba! Much Appreciated.

LexJag · Post by **LexJag** » Mon Oct 19, 2020 11:25 am

Swtqtnel wrote: ↑
Sun Oct 18, 2020 12:28 am
Hello Gurus,

It's me again . This time, it's the answer to a question we need guidance for.
On the SET (O) Form online, In the section "The person you are joining or accompanying", His wife has indicated her husband.

Then, Section 3: Public Funds requires answer to the below question.

"Do you or anyone else who is part of this application receive any public funds?
Include details for your partner or child if you have one. Examples of public funds include Income Support, Child Benefit, Housing Benefit, Council Tax Benefit, Carer’s Allowance and Disability Living Allowance. See a full list."

Question:
1. Considering that the Child benefit application is in the process under father's name.(Application put in October 2020), and he was mentioned as the person wife is joining or accompanying, what should be her response to the Section 3: Public Funds answer? Is her husband part of the application?

Thank you for your swift response.

Please can you help to respond to this question? From the link posted by Zimba, We now know that husband's claim application for child benefit will not affect wife's application for ILR. However, can you please help to answer the question about section 3...Is her husband part of the application?

Please forgive our naive questioning..... we've spent so much on solicitors before now. Thanks.

zimba · Post by **zimba** » Mon Oct 19, 2020 1:34 pm

Her husband is NOT part of the application

LexJag · Post by **LexJag** » Mon Oct 19, 2020 1:40 pm

Zimba wrote: ↑
Mon Oct 19, 2020 1:34 pm
Her husband is NOT part of the application

Very many thanks.Much much appreciated. Thank you!

LexJag · Post by **LexJag** » Wed Oct 21, 2020 11:05 am

Hello Smarties,

It's application time and this family hasn't got a clue on how they can apply this 28 days rule to the wife's situation: So, here's a timeline of her visa dates.

Wife:
Tier 1 dependant (entry clearance visa) - issued: 27/10/2015 | exp: 05/03/2017
Tier 1 dependant 1st extension - issued: 26/02/2018 | exp: 26/02/2020
Tier 1 dependant 2nd extension (current visa) - issued: 23/12/2019 | exp: 23/12/2022

Entry in the UK: 07/11/2015
5 years legal residency completes on 07/11/2020

Question:
1. From what exact date is safe to pay and submit this ILR SET (O) application online?

2. She is currently a Director of her own company, does she need to provide any documentation to support her application?

3. Does she have to show any form of finances or show that she is in employment or actively trading?

4. Are there any maintenance requirements?

5. What's the duration of time she must prove she's been in a subsisting relationship with her husband?

6. She's got Electricity Bills, Water Bills and Letter from Rental Agency confirming cohabitation with her husband at the property. Are these sufficient?

7. Can the scanned pages of her entire passport suffice as proof of 5-year residency in the UK?

Very many thanks for your swift response. Please don't get mad at me if any of the questions are repeated. they've spent a lot of time trying to retrieve info via the search box suing keywords, but it keeps returning truncated. So please, be kind.

Many thanks.

CR001 · Post by **CR001** » Wed Oct 21, 2020 11:15 am

1. From what exact date is safe to pay and submit this ILR SET (O) application online?

The application could have been made already, ie 27/10/2020 minus 28 days. Fine if they apply now.

2. She is currently a Director of her own company, does she need to provide any documentation to support her application?

No, there is no requirement for dependents to provide evidence of their employment.

3. Does she have to show any form of finances or show that she is in employment or actively trading?

No. Her employment is completely irrelevant to a PBS Dependent ILR application.

4. Are there any maintenance requirements?

No.

5. What's the duration of time she must prove she's been in a subsisting relationship with her husband?

The last two years preceding the date of application online.

6. She's got Electricity Bills, Water Bills and Letter from Rental Agency confirming cohabitation with her husband at the property. Are these sufficient?

She needs evidence from 3 to 6 difference sources, spread evenly for every 3 to 4 months, either in joint names with her spouse or addressed to each of them individually.

7. Can the scanned pages of her entire passport suffice as proof of 5-year residency in the UK?

This is mandatory anyway and separate to the cohabitation evidence above in #6.

LexJag · Post by **LexJag** » Wed Oct 21, 2020 11:28 am

CR001 wrote: ↑
Wed Oct 21, 2020 11:15 am

1. From what exact date is safe to pay and submit this ILR SET (O) application online?
The application could have been made already, ie 27/10/2020 minus 28 days. Fine if they apply now.
Just to be absolutely clear, This was an entry clearance visa issued 27/10/2015, she entered the UK on 07/11/2015. So can she apply as at today?

2. She is currently a Director of her own company, does she need to provide any documentation to support her application?
No, there is no requirement for dependents to provide evidence of their employment.
Ok.Thanks

3. Does she have to show any form of finances or show that she is in employment or actively trading?
No. Her employment is completely irrelevant to a PBS Dependent ILR application.
Ok.Thanks

4. Are there any maintenance requirements?
No.
Ok.Thanks

5. What's the duration of time she must prove she's been in a subsisting relationship with her husband?
The last two years preceding the date of application online.
Ok.Thanks

6. She's got Electricity Bills, Water Bills and Letter from Rental Agency confirming cohabitation with her husband at the property. Are these sufficient?
She needs evidence from 3 to 6 difference sources, spread evenly for every 3 to 4 months, either in joint names with her spouse or addressed to each of them individually.
Please can you help us with examples of sources and what you mean exactly by spreading evenly 3 to 4 months.Thanks

7. Can the scanned pages of her entire passport suffice as proof of 5-year residency in the UK?
This is mandatory anyway and separate to the cohabitation evidence above in #6. Ok.Thanks

CR001 · Post by **CR001** » Wed Oct 21, 2020 11:54 am

The qualifying period for dependents starts from.iniyial visa ISSUE date and not the date of entry.

Cohabitation sources such tenancy agreement, council tax, utilities, HMRC letters, NHS letters, TV licence, DVLA letters, broadband account letters etc etc.

They don't need documents for every month. They need a selection of documents for every quarter, or 3 to 4 months for 2 years.

LexJag · Post by **LexJag** » Wed Oct 21, 2020 12:33 pm

CR001 wrote: ↑
Wed Oct 21, 2020 11:54 am
The qualifying period for dependents starts from.iniyial visa ISSUE date and not the date of entry.

Cohabitation sources such tenancy agreement, council tax, utilities, HMRC letters, NHS letters, TV licence, DVLA letters, broadband account letters etc etc.

They don't need documents for every month. They need a selection of documents for every quarter, or 3 to 4 months for 2 years.

Received with gratitude. Thank you for making this absolutely clear.

LexJag · Post by **LexJag** » Wed Oct 21, 2020 12:52 pm

Hi CR001,

Can they use Voter's Poll Card as proof of Cohabitation?

Thanks.

CR001 · Post by **CR001** » Wed Oct 21, 2020 12:59 pm

Swtqtnel wrote: ↑
Wed Oct 21, 2020 12:52 pm
Hi CR001,

Can they use Voter's Poll Card as proof of Cohabitation?

Thanks.

Yes

LexJag · Post by **LexJag** » Wed Oct 21, 2020 1:57 pm

CR001 wrote: ↑
Wed Oct 21, 2020 12:59 pm

Swtqtnel wrote: ↑
Wed Oct 21, 2020 12:52 pm
Hi CR001,

Can they use Voter's Poll Card as proof of Cohabitation?

Thanks.
Yes

Fantastic!
So, to reconfirm,
Sources from

Source 1: Electricity Bills (Joint names)
Source 2: Water Bills (Joint names)
Source 3: Rental Agency Confirmation of Cohabitation (Joint names)
Source 4: Voter's Poll Cards (Single names)

spanned quarterly for up to 3 years is sufficient? Right?

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Tier 1 Entrepreneur Dependant Route to ILR?

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