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Hi

I am eligible to apply for ILR in January as i qualify on the basis of the 5 years Tier 1 entrepreneur route.

I have a few questions regarding my application and I will appreciate answers as these will help me in planning in advance.

1. my partner is listed as my dependent and he has been here for less than 5 years, so he doesn't qualify yet for ILR. please what visa category does he need to apply for?

2. Is there any income requirement for the category my partner can switch to?

3. Are there maintenance funds requirements for my partner's application?

4. If my partner is able to switch to different category, when will he qualify for ILR?

5. My partner was subject to a police investigation (he was not arrested - he was only interviewed) and the case was closed without any charges brought and neither was the case taken to court. will this have any impact on his application or future applications (e.g.. citizenship)

4. I have a child that's UK born and listed as my dependent (he holds a valid visa). i do understand that I do not have to include her in my ILR application as I can register her as a British citizen once I receive my ILR. however, a friend in similar circumstances (UK born kids) recently informed me that Home Office wrote to him and told him that their his ILR application will not be considered expect he makes a dependent visa application for his two kids and pay the appropriate fees. so he had to submit applications for both of them. his ILR was granted but applying for the kids seems like a utter waste of money as they can register as British Citizens. Is there anyway around not including a UK born child in my ILR application

Thanks in advance for all your responses.

1. Tier 1 dependent visa. It will be a 3 year visa extension.

2. No need to switch and no income requirement for PBS dependent extensions.

3. I believe it is £630 for 90 days.

4. If he switches to a different visa category, his clock towards ILR will be reset to zero and a new 5 year residence period. Best to stay as PBS dependent.

5. Should not be an issue.

6. Yes HO will likely wrote to you to ask about the child. Simply reply saying you will register child as British citizen under Section 1(3) of the nationality act once your ILR is granted. Your friend has likely misunderstood completely and has given you incorrect information if his kids are UK born or trying to scare you. That aside, the child would only qualify for ILR if born abroad when your husband does.

Hi CR001

Thanks for responding.

Please do you have any link from the Home Office you can share to support your response to question 1?

Secondly, after the 3 years extension, will my partner qualify for ILR? please note that I am currently on the Tier 1 Entrepreneur Extension (2years visa) and he is my dependant.

Finally, my profile is currently on 'thin ice'. I can't remember breaking any rules and if I did, I am sorry. Any chance of getting the restriction removed? Thanks

Please do you have any link from the Home Office you can share to support your response to question 1?

It is stated in the Immigration Rules. See link below.

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

Secondly, after the 3 years extension, will my partner qualify for ILR? please note that I am currently on the Tier 1 Entrepreneur Extension (2years visa) and he is my dependant.

If your spouse has a dependent visa valid till 2020, they can apply for an extension if needed till they meet the ILR 5 years residence requirement. You don't state how long your dependent has been in the UK on PBS Dependent visa.

Finally, my profile is currently on 'thin ice'. I can't remember breaking any rules and if I did, I am sorry. Any chance of getting the restriction removed?

Perhaps a memory refresh of the moderator abuse posted in this topic will help you remember as all these members' ranks were downgraded.
uk-tier-1-entrepreneur-visas/tier-1-ent ... l#p1447464

Hi CR001

Thanks again for your prompt response. You've been very helpful.

My partner has been resident for about 3 years.

I sincerely apologise for any offending comment I made on that topic.

babylondoner wrote: ↑

Tue Apr 17, 2018 3:24 pm

My partner has been resident for about 3 years.

What date was her initial visa granted and what date did she enter the UK?

What is the exact date of her current visa expiry??

CR001 wrote: ↑

Tue Apr 17, 2018 3:41 pm

babylondoner wrote: ↑

Tue Apr 17, 2018 3:24 pm

My partner has been resident for about 3 years.

What date was her initial visa granted and what date did she enter the UK?

What is the exact date of her current visa expiry??

Initial visa was granted 2015, entry was made the same year before leaving the UK for about 9 months and returning.

Current visa is valid till March 2019.

Thanks