Accelerated ILR for Tier 1 Entrepreneur

[rahulsingh1]

Hello guys,
Need some help from everyone including moderators or Gurus like Sushdmehta or vinny as they might know more about this peculiar category.

In the accelerated ILR for Tier 1 Entrepreneur, the applicant can get ILR in 3 years by satisfying particular conditions.

What about the dependants ?

Will they get it at the same time or will they have to wait 2 more years under the 5year rule ?

It is not clear anywhere.

Any help is greatly appreciated..

[educators]

Hello guys,
Need some help from everyone including moderators or Gurus like Sushdmehta or vinny as they might know more about this peculiar category.

In the accelerated ILR for Tier 1 Entrepreneur, the applicant can get ILR in 3 years by satisfying particular conditions.

What about the dependants ?

Will they get it at the same time or will they have to wait 2 more years under the 5year rule ?

It is not clear anywhere.

Any help is greatly appreciated..

No you do not need to wait for 2 more years as the law says that wife and children of settled person can apply for ILR as far as they have stayed with the settled person for 2 years in UK already.

[rahulsingh1]

Hi Educators,

Thank you for your reply.

I dont know if you are updated, but the rule changed on 9th July 2012.

Any dependant who has joined the main (PBS) visa holder after this date, will have to wait for 5 years before getting ILR. It used to be 2 years earlier.

But here is the confusion:

What about Tier 1 Entrepreneur Accelerated settlement route applicants.

Main applicant can get settlement in 3 years of arriving in the UK, but the dependant will wait another 2 years ? Seems a bit confusing, policy is not clear on this one.

And if this is the case, what visa will the dependant be given for the rest of the 2 years ? And what application form should be used by the dependant?

[educators]

Hi Educators,

Thank you for your reply.

I dont know if you are updated, but the rule changed on 9th July 2012.

Any dependant who has joined the main (PBS) visa holder after this date, will have to wait for 5 years before getting ILR. It used to be 2 years earlier.

But here is the confusion:

What about Tier 1 Entrepreneur Accelerated settlement route applicants.

Main applicant can get settlement in 3 years of arriving in the UK, but the dependant will wait another 2 years ? Seems a bit confusing, policy is not clear on this one.

And if this is the case, what visa will the dependant be given for the rest of the 2 years ? And what application form should be used by the dependant?

Yes I am aware of the new rules. Because you asked settlement question now so I assumed that dependants have already been in UK for last 3 years. So therefore my answer was based on that.

In terms of answer to your question, the following might can help.

"If the PBS dependant's current leave will expire before he/she completes the qualifying period then the dependant can apply , before his/her current leave expires, to extend his/her PBS dependant leave until such time that he/she becomes eligible for settlement (319C and 319D). Though switching to FLR(M) leave is also an option but extending PBS dependant leave is simpler (e.g. - only maintenance funds to be shown, no English language requirement). "

Source: http://www.immigrationboards.com/viewtopic.php?t=114832