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ILR PBS Dependent

Only for UK Tier 1 (Entrepreneur) points system

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

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jafferdeen
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Posts: 211
Joined: Wed Sep 11, 2013 2:48 pm

ILR PBS Dependent

Post by jafferdeen » Mon Jul 06, 2020 11:15 am

Hi
i have 2 questions
1- My friend is a Pakistani national.He is holding Tier 1 (Entrepreneur) visa which will expire in November 2020. His wife is on PBS dependent visa. He has completed 10 years now eligible for ILR based on 10 years lawful route. If he gets his ILR on 10 years basis now, then will his wife be able to apply for ILR in November 2020 based on 5 years PBS route ?? or she will need to switch as a spouse visa after his ILR?

2)- If he decided to go for ILR based on Tier 1 (Entrepreneur) route along with his partner, will he need to fulfil the employment requirement as well? He already fulfilled this requirement at the time of his Tier 1 (Entrepreneur) visa extension .

Please needed expert advice
J Khan

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CR001
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Re: ILR PBS Dependent

Post by CR001 » Mon Jul 06, 2020 11:19 am

1- My friend is a Pakistani national.He is holding Tier 1 (Entrepreneur) visa which will expire in November 2020. His wife is on PBS dependent visa. He has completed 10 years now eligible for ILR based on 10 years lawful route. If he gets his ILR on 10 years basis now, then will his wife be able to apply for ILR in November 2020 based on 5 years PBS route ?? or she will need to switch as a spouse visa after his ILR?
No she cannot, the rules don't allow and have been in place since April 2014 (so it isn't anything new). She has to switch to FLR(M) spouse visa meeting the English and financial requirements. Her 5 year ILR clock will reset to zero and she will be on a new 2 x 2.5 year visa route before she can apply for ILR based on 5 years residence.
2)- If he decided to go for ILR based on Tier 1 (Entrepreneur) route along with his partner, will he need to fulfil the employment requirement as well? He already fulfilled this requirement at the time of his Tier 1 (Entrepreneur) visa extension .
Have you read the HO updates??

https://www.gov.uk/guidance/coronavirus ... -residents
If you’re on a Tier 1 Entrepreneur visa and your business has been disrupted
You no longer need to employ at least 2 people for 12 consecutive months. The 12 month period you’re required to employ someone for can be made up of multiple jobs across different months.

Time when your employees were furloughed will not count towards the 12 month period.

If you’ve not been able to employ staff for 12 months by the time your visa expires, you’ll be allowed to temporarily extend your stay to give you time to meet the requirement.

These arrangements will continue for applications made after 31 May 2020, where the jobs you’re relying on were disrupted due to coronavirus.
Char (CR001 not Casa)
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jafferdeen
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Posts: 211
Joined: Wed Sep 11, 2013 2:48 pm

Re: ILR PBS Dependent

Post by jafferdeen » Wed Jul 08, 2020 7:45 pm

Thank you for your advice
J Khan

jafferdeen
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Posts: 211
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Re: ILR PBS Dependent

Post by jafferdeen » Wed Jul 08, 2020 8:00 pm

Maintaining Job Creation for Indefinite Leave to Remain

a)You may use the 2 full-time positions created prior to your Extension application, if they were maintained for at least another 12 months thereafter.

b) if the initial jobs no longer exist, you must show creation of 2 new qualifying jobs created after your Extension application

is above information is correct?
J Khan

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marcnath
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Re: ILR PBS Dependent

Post by marcnath » Fri Jul 10, 2020 7:01 am

jafferdeen wrote:
Wed Jul 08, 2020 8:00 pm
Maintaining Job Creation for Indefinite Leave to Remain

a)You may use the 2 full-time positions created prior to your Extension application, if they were maintained for at least another 12 months thereafter.

b) if the initial jobs no longer exist, you must show creation of 2 new qualifying jobs created after your Extension application

is above information is correct?
Yes
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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