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ILR for Tier 1 Entrepreneur Dependant

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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mkhan83
Junior Member
Posts: 66
Joined: Mon May 21, 2018 9:49 pm
Ireland

ILR for Tier 1 Entrepreneur Dependant

Post by mkhan83 » Mon Sep 23, 2019 9:41 pm

Hi respected senior member. Tier11417, Aman90, Zimba and Marcnath
I am asking on behalf of my friend who is also tier 1 entrepreneur visa. His visa history and his dependent visa history is as follows
Granted tier 1 entrepreneur in June 2014
Applied Extension in June 2017
Interviewed in May 2018
Successfully got extension after interview in May 2019. (Only one interview)
Got visa till May 2021
His dependent is completing her 5 years as dependent in February 2020.
Main applicant has already completed his 5 years on Tier 1 in June 2019 but he is planning to apply under 10 YEARS LONG RESIDENCE as he will be eligible for this LR in September 2020
My Questions are
Can his Dependant apply for ILR alone in February 2020 under tier 1 dependent route
Is it necessary that first Main Applicant must have ILR then she can apply?
Her five years starts from date of visa issue or the date of entry?
Many thanks
Your responses will be appreciated

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CR001
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Location: London
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South Africa

Re: ILR for Tier 1 Entrepreneur Dependant

Post by CR001 » Mon Sep 23, 2019 9:49 pm

Can his Dependant apply for ILR alone in February 2020 under tier 1 dependent route
No. A PBS dependent cannot apply for ilr independently based on 5 years before a tier 1 main visa holder. The rules don't permit this.
Is it necessary that first Main Applicant must have ILR then she can apply?
Yes. They either apply together via the tier 1 route or she applies after him. If he applies for ilr based on long residence, she cannot get ilr as a tier 1 dependent. She has to switch to FLR M and meet the English and financial requirements.
Char (CR001 not Casa)
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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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aman90
Diamond Member
Posts: 1685
Joined: Wed Dec 24, 2014 8:41 pm
United Kingdom

Re: ILR for Tier 1 Entrepreneur Dependant

Post by aman90 » Mon Sep 23, 2019 10:47 pm

mkhan83 wrote:
Mon Sep 23, 2019 9:41 pm

Following up on CR001..

Got visa till May 2021
His dependent is completing her 5 years dependent in February 2020.

How is the dependants visa shorter than main applicant?

Main applicant has already completed his 5 years on Tier 1 in June 2019 but he is planning to apply under 10 YEARS LONG RESIDENCE as he will be eligible for this LR in September 2020

Strange that main applicant wants to wait so long.
Last edited by aman90 on Mon Sep 23, 2019 10:49 pm, edited 1 time in total.

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CULLINAN
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Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: ILR for Tier 1 Entrepreneur Dependant

Post by CULLINAN » Mon Sep 23, 2019 10:48 pm

Also, as the dependent can not apply for ILR on PBS route if the main applicant goes for ILR on LR basis, dependent’s ILR clock will reset to zero and will have to wait another 5 years for ILR in that case.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

mkhan83
Junior Member
Posts: 66
Joined: Mon May 21, 2018 9:49 pm
Ireland

Re: ILR for Tier 1 Entrepreneur Dependant

Post by mkhan83 » Tue Sep 24, 2019 12:25 am

Thanks for responding my questions
Special thanks to CR001 and I do appreciate for full clarification. I fully understood your points. Thanks mate :wink:
Thanks Tier11417 and aman90 for your responses as well

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