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.
