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Dependants of SET(LR) migrant

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pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Dependants of SET(LR) migrant

Post by pakhtoon77 » Fri Aug 07, 2015 10:25 am

Hi everyone, i have spent less then 5 months on T1 entepreneur when i got ILR through 10 years long residency.i have 2 children(one born in uk and 1 born in pak).My uk born child also got british passport now. but my wife and other child is still on T1 entp dependent visas and they have more then 2 years left in their visas. i will meet the nearning requirements in next 4 months and after that i will apply to change their status from T1 entprneur dependents to dependents of a settled person.
my question is that can they still travel as they have valid leave to remain or they have to change the status of their visas from entpreneur dependents into dependent of a settled person as the person they were initially dependents became a settled person now.
I have mix responses so far as some says they dont have any problem in travelling as long as they have valid leave and they can change their visas anytime they meet the requirements. while some says they cannot travel because they were given visas as dependents of T1 entpreneur and their main applicant is no more on T1 entpreneur. sorry for the long story and thanks in advance for any expert opinion.

Arshad49
Newbie
Posts: 44
Joined: Sun Feb 15, 2015 9:33 am
Sri Lanka

Re: Main applicant of entpreneur got ILR while dependents st

Post by Arshad49 » Fri Aug 07, 2015 10:35 am

hi congrats on you acquiring 10 years . i have asked the same question as i am applying for 10 years next week and got the below answer .

the visa will be valid till the expiry date but travelling is difficult like coming back to UK as the main applicant has switched category. and its recommended to switch dependent category as soon as possible.



thanks arshad

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Dependants of SET(LR) migrant

Post by geriatrix » Fri Aug 07, 2015 10:59 am

Since you applied for settlement under the 10 year route, your PBS dependant(s) must change to FLR(M) to be eligible for settlement. Also, their 5 year clock for settlement will start from the day they are issued FLR(M) leave.

If they travel outside UK and enter UK as PBS dependants, they may be refused entry under 322(7) because you were not granted settlement under PBS route.
Life isn't fair, but you can be!

pakhtoon77
Junior Member
Posts: 72
Joined: Mon Dec 30, 2013 9:52 pm

Re: Dependants of SET(LR) migrant

Post by pakhtoon77 » Fri Aug 07, 2015 11:55 am

Thanks shushmeda for the quick response.
As far as 5 year clock is concerned, that's what my solicitor also suggested that their 5 year clock will start as soon as they change their visas to dependent s of a settled person however he said that there is no restrictions on their travel since they have valid leave to remain.
he said that they should switch it as soon as possible but there is no mandatory time frame.
secondly when they come back from pak, they will also have my second child who already have a british passport.
can they still be refused entry?
thanks

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