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TIER 1 ENT DEPENDENT

Only for UK Tier 1 (Entrepreneur) points system

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

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Topgift
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Joined: Sun Mar 29, 2020 1:16 pm
Pakistan

TIER 1 ENT DEPENDENT

Post by Topgift » Sun Mar 29, 2020 1:34 pm

Dear moderators please guide me about my situation . I am currently on PBS dependent visa ( Tier 1 entrepreneur) which is due to expire on 31-05-2020. I been on this visa for nearly 6 years as I was dependent of my other-half who holds a British passport now after gaining settlement on the basis of long residence. His last visa was tier 1 entrepreneur I will post his full immigration history and mine and I will be grateful if I could be advised if I qualify for settlement now or not

1- Husband visas
0ct 2006 till December 2011 on student visa
Dec 2011 to December 2013 on PSW visa
Apr 2013 to apr 2017 Tier 1 entrepreneur
He qualified for ILR in Oct 2016 on basis of long residence applied and got approved in jan 2017 and holds a british passport now.

Whereas my journey is as follows

I Came to Uk on 16-06-2013 as PSW dependent visa valid till dec 2013
Then Apr 2014 to Apr 2017 Tier 1 entrepreneur dependent visa
Husband got ILR in jan 2017 on the basis of long residence and I still got my extension of Tier 1 entrepreneur dependent in May 2017 till May 2020 . Just wanted to know if I can apply for ILR now as I been on dependent visa for almost 7 years now. Thank you

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CR001
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Re: TIER 1 ENT DEPENDENT

Post by CR001 » Sun Mar 29, 2020 1:43 pm

Just wanted to know if I can apply for ILR now as I been on dependent visa for almost 7 years now
No. You cannot apply for ilr based on PBS dependent route if your spouse got ilr based in long residence.

How did you get a tier 1 dependent visa after your spouse got ilr based in long residence? The rules don't allow this. You should not have got this and you should have applied for FLR m spouse visa.
Char (CR001 not Casa)
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Topgift
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Posts: 3
Joined: Sun Mar 29, 2020 1:16 pm
Pakistan

Re: TIER 1 ENT DEPENDENT

Post by Topgift » Sun Mar 29, 2020 2:42 pm

Well I don’t think it is an error as on pBS dependent guidance it clearly states that if the main applicant is on ILR or became British citizens and dependent does not yet qualify for ILR they can still apply for extension as long as the main applicant held there last leave as PBS migrant. It also states that the qualification period for PBS dependent is either 2 years or 5 years depending on their first entry in uk as dependent either it was before 2012 or after

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CR001
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Re: TIER 1 ENT DEPENDENT

Post by CR001 » Sun Mar 29, 2020 3:28 pm

Only relevant if YOU got ilr based on pbs route on form SET O, which is not what you have staTed by saying you got ilr based on long residence which is form SET LR!!

The rules are very clear on the requirements for PBS dependents for both routes if the main pbs holder got ilr with either route. Links to both below, a distinct difference for pbs dependents!!

immigration-for-family-members/dependan ... 14832.html

immigration-for-family-members/dependan ... 43881.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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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Zimba
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Re: TIER 1 ENT DEPENDENT

Post by Zimba » Mon Mar 30, 2020 2:07 pm

Topgift wrote:
Sun Mar 29, 2020 2:42 pm
Well I don’t think it is an error as on pBS dependent guidance it clearly states that if the main applicant is on ILR or became British citizens and dependent does not yet qualify for ILR they can still apply for extension as long as the main applicant held there last leave as PBS migrant. It also states that the qualification period for PBS dependent is either 2 years or 5 years depending on their first entry in uk as dependent either it was before 2012 or after
Immigration rules do NOT allow a PBS dependant to get ILR unless the main PBS applicant was granted ILR under PBS rules :!: This is common knowledge
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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