Tier 1 Ent to ILR with non-eligible PBS dependant

[LexJag]

Hello Everyone,

Please forgive me if you’ve found similar post elsewhere. I’ve spent days searching this forum for solution to the below issue but with no success, hence my post.

So can someone please advise/help me on how to proceed in the below circumstance?

Overview:

Main Applicant:
— Eligible for ILR and due to apply via Tier Entrepreneur 5 year route in April 2019.
— Current Tier 1 Extension visa expires February 2020.

PBS Dependant:
— Entered UK via PBS Dependant Visa November 2015.
— Current PBS Dependant extension visa expires February 2020.
— Eligible for 5 year ILR in November 2020.

Questions:

1. Can Main Applicant & PBS Dependant apply same time, same form, together for ILR?

2. In view of question 1, will the financial maintenance requirement for 90 days be applicable to both Main Applicant &/or PBS Dependant?

3. If different applications are required (i.e. Main Applicant applies for ILR & PBS Dependant applies for an extension of current visa), will there still be a financial maintenance requirement for 90 days for Main Applicant &/or PBS Dependant?

4. If solutions 1 and 3 are not the best approach, is there a cost effective (as per Visa fees) and straightforward approach (as per type of documentary evidence) to tackle this issue?

Your kindness, time and effort put in responding to the above is extremely appreciated.

Gracias.

[CR001]

1. No. Your dependent doesn't qualify for ILR yet.

2. ILR has no maintenance fund. PBS dependent extension does.

3. 90 days maintenance funds if £630 for dependent extension. Nothing for ILR.

4. Your spouse can extend their visa before current visa expiry. It will be a 3 year extension. Ihs of £1200 plus visa fee.

[LexJag]

Hello CR001

Very many thanks for your swift response, deeply appreciated.

It appears from your response that answer No.4 is the best approach. However, I’m not sure of the below:

1. Should Main Applicant & PBS Dependant apply at the same time or can PBS Dependant apply at later date but before current visa expires and before Main Applicants ILR comes out?

2. Am I right to say PBS Dependant will have to apply via a different route should they want to apply after Main Applicant has received ILR?

3. You’ve stated £1200 IHS fee plus visa fee. Does mean a total of £1200 (IHS + Visa Fee)? If not, pls what’s the visa fee for PBS Dependant extension application?

Gracias.

[CR001]

Option 4 is the ONLY option.

1. Should Main Applicant & PBS Dependant apply at the same time or can PBS Dependant apply at later date but before current visa expires and before Main Applicants ILR comes out?

PBS Dependent can apply for an extension AFTER you are granted ILR and BEFORE their current dependent visa expires.

2. Am I right to say PBS Dependant will have to apply via a different route should they want to apply after Main Applicant has received ILR?

No you are not right. If you get ILR based on PBS route 5 years residence, your dependent is allowed to stay as PBS Dependent and apply for an extension and eventually ILR as a PBS Dependent. The requirement to change visa route for dependents is ONLY applicable if you apply for ILR based on 10 years long residence.

3. You’ve stated £1200 IHS fee plus visa fee. Does mean a total of £1200 (IHS + Visa Fee)? If not, pls what’s the visa fee for PBS Dependant extension application?

£1,200 IHS fee PLUS £704 visa fee (current visa fee).

[aman90]

PBS Dependant:
— Entered UK via PBS Dependant Visa November 2015.
— Current PBS Dependant extension visa expires February 2020.
— Eligible for 5 year ILR in November 2020.

November 2015..issue date or entry date?

[LexJag]

Many thanks.

Option 4 is the ONLY option.

1. Should Main Applicant & PBS Dependant apply at the same time or can PBS Dependant apply at later date but before current visa expires and before Main Applicants ILR comes out?

PBS Dependent can apply for an extension AFTER you are granted ILR and BEFORE their current dependent visa expires.

2. Am I right to say PBS Dependant will have to apply via a different route should they want to apply after Main Applicant has received ILR?

No you are not right. If you get ILR based on PBS route 5 years residence, your dependent is allowed to stay as PBS Dependent and apply for an extension and eventually ILR as a PBS Dependent. The requirement to change visa route for dependents is ONLY applicable if you apply for ILR based on 10 years long residence.

3. You’ve stated £1200 IHS fee plus visa fee. Does mean a total of £1200 (IHS + Visa Fee)? If not, pls what’s the visa fee for PBS Dependant extension application?

£1,200 IHS fee PLUS £704 visa fee (current visa fee).

[LexJag]

Both issuance & entry.

PBS Dependant:
— Entered UK via PBS Dependant Visa November 2015.
— Current PBS Dependant extension visa expires February 2020.
— Eligible for 5 year ILR in November 2020.

November 2015..issue date or entry date?