Immigrationboards.com

Hello Everyone,
Please, I have a question concerning the advice I was given yesterday. I am planning to switch to Tier4 dependant from Tier1 Entrepreneur for two years, after which I will complete 10years legally in the UK. But someone told me yesterday that dependant of tier4 is not qualified for 10yrs route ILR even if he stayed 10 years in UK. Simply because is a tier4 dependant at the time of application. Please, can our expert help throw more lights on this?
Thanks

Moved to the ILR subforum.

zimba88 wrote:Moved to the ILR subforum.

Thanks Zimba for moving this to the appropriate forum, but could you please advise?

Ameten wrote:Hello Everyone,
Please, I have a question concerning the advice I was given yesterday. I am planning to switch to Tier4 dependant from Tier1 Entrepreneur for two years, after which I will complete 10years legally in the UK. But someone told me yesterday that dependant of tier4 is not qualified for 10yrs route ILR even if he stayed 10 years in UK. Simply because is a tier4 dependant at the time of application. Please, can our expert help throw more lights on this?
Thanks

Untrue.

Untrue.[/quote]

Thanks Vinny,
I think I didn't put the question the way he put it.
What the lawyer actually said is that a tier4 dependant is not allowed to make an in-country SET (LR) application, that the applicant (tier4 dependant) who has lawfully stayed in the UK for 10 years, will have to go back to his or her country to make the SET (LR) application, simply because he/she is a tier4 dependant at the time of application? Please help to confirm if this is true.

My second question is that I was refused tier1 entreprenuer extention in April 2016, Filed AR in same April (Intime application), AR refusal letter came in July 2016, Filed a fresh application same July (intime Application), got tier1 entreprenuer extention approval in November 2016.
Please, will the period of refusal and reapplication (April - November) count as part of lawful 10 years for Long Resident? Please help.

Thanks in anticipation

Ameten wrote:Thanks Vinny,
I think I didn't put the question the way he put it.
What the lawyer actually said is that a tier4 dependant is not allowed to make an in-country SET (LR) application, that the applicant (tier4 dependant) who has lawfully stayed in the UK for 10 years, will have to go back to his or her country to make the SET (LR) application, simply because he/she is a tier4 dependant at the time of application? Please help to confirm if this is true.

Absolute rubbish. I hope you have not paid for such horribly incorrect advice. ANY applicant for ILR via ANY route CANNOT apply for ILR outside the UK. You can only apply for ILR WITHIN the UK.

Ameten wrote: My second question is that I was refused tier1 entreprenuer extention in April 2016, Filed AR in same April (Intime application), AR refusal letter came in July 2016, Filed a fresh application same July (intime Application), got tier1 entreprenuer extention approval in November 2016.
Please, will the period of refusal and reapplication (April - November) count as part of lawful 10 years for Long Resident? Please help.

Thanks in anticipation

1. It seems from what you say continuity was not broken
2. If you were refused in APR 16 for T1E I assume you applied late 2015 so entered the route late 2012, as such you can apply for T1E ILR later this year (5 years from start of route). You need to meet criteria (2 employee/years)

CR001 wrote:

Ameten wrote:Thanks Vinny,
I think I didn't put the question the way he put it.
What the lawyer actually said is that a tier4 dependant is not allowed to make an in-country SET (LR) application, that the applicant (tier4 dependant) who has lawfully stayed in the UK for 10 years, will have to go back to his or her country to make the SET (LR) application, simply because he/she is a tier4 dependant at the time of application? Please help to confirm if this is true.

Absolute rubbish. I hope you have not paid for such horribly incorrect advice. ANY applicant for ILR via ANY route CANNOT apply for ILR outside the UK. You can only apply for ILR WITHIN the UK.

Thanks CR001, I have not paid him, as I was not convinced about it as well. It means applying for 10 yrs route ILR within the UK includes tier4 dependant applicant?

Yes, the 10 years include any PBS related visa including the PBS dependant visa. Do not mix this with people on FLR(M)

ILR based on 10 years long residence can include ANY valid visa in the UK, including visitor visa.