ILR - Tier1 Entrepreneur 5 year Route

[saeed123]

Dear All,
i have few doubts about my Wifes ILR eligibility .

i came to Uk in May 2009 and i will be eligible to apply for ILR in 2019 jan as i will complete my 5 years on tier 1 Entrepreneur visa .

i got married in April 2014 and my wife came to UK in May 2014. by jan 2019 she will complete 4 years and 8 month in Uk . And My doubt is ,my wife will be eligible to apply for ILR on the same time I apply for ILR or not ?

please give me your valuable advise.

Many Thanks

[CR001]

And My doubt is ,my wife will be eligible to apply for ILR on the same time I apply for ILR or not ?

No, she wont' be eligible. She needs 5 years residence to qualify for ILR as PBS Dependent and meet all the requirements, including the recent change to absence limits for PBS dependents.

[saeed123]

Many thanks CR001 for your quick response .
she got only 3 months left to complete her 5 years in uk , so what visa she can apply ? she was only 35 days absense in the last year .

[CR001]

If you apply for ILR based on Tier 1, then she can extend her Tier 1 dependent visa.

If you apply for ILR based on 10 years long residence, then she will have to apply for FLR(M).

[saeed123]

and one more doubt to clear ,
she has a plan to go india and stay their for aroung 5-6 months on maternity leave in coming june , so will that absense affect any way in HER extention and the ILR ?
many thabks again

[CR001]

Absence of 180 days or more will break her continuity of residence.

[saeed123]

If you apply for ILR based on Tier 1, then she can extend her Tier 1 dependent visa.

If you apply for ILR based on 10 years long residence, then she will have to apply for FLR(M).

Dear CROO1 ,
I will be completing my 5 years in 2019 jan , even after than she has to apply for tier 1 dependant or any other ? Could you please explain me.

[CR001]

She will have to apply for a Tier 1 Dependent extension to cover the shortfall for to apply for ILR. There is no shortcut or other route she can take. If she switches to another category of visa, her clock will reset to zero as will absence of 180 days or more.

[saeed123]

Thank you CR001 for clearing all my doubts.

[saeed123]

Absence of 180 days or more will break her continuity of residence.

Dear CR001 ,
is this 180 days absense in last 5 years , or in the last one year

[Hola2015]

Absence of 180 days or more will break her continuity of residence.

Dear CR001 ,
is this 180 days absense in last 5 years , or in the last one year

Absence of 180 days is in any one qualifying year.

[saeed123]

Thank you Hola2015.

[seasky]

And My doubt is ,my wife will be eligible to apply for ILR on the same time I apply for ILR or not ?

No, she wont' be eligible. She needs 5 years residence to qualify for ILR as PBS Dependent and meet all the requirements, including the recent change to absence limits for PBS dependents.

When did this recent change happen? Link please?

[seasky]

The SET(O) form for t1-ent -does not- request any absence data on dependent. So how do they know of absences?

[seasky]

The SET(O) form for t1-ent -does not- request any absence data on dependent. So how do they know of absences?

Bumping this up as it is pertinent to me.

[zimba]

The SET(O) form for t1-ent -does not- request any absence data on dependent. So how do they know of absences?

Each dependant has to submit a separate SET(O) and fill section 6 regarding their absences for ILR.
Tier 1 dependants must tick the box under section B on the page 13 of the form NOT the Tier 1E box under section A

[seasky]

The SET(O) form for t1-ent -does not- request any absence data on dependent. So how do they know of absences?

Each dependant has to submit a separate SET(O) and fill section 6 regarding their absences for ILR.
Tier 1 dependants must tick the box under section B on the page 13 of the form NOT the Tier 1E box under section A

Set(O) pg 11 (sec. 2) is all about the dependants that are applying with main applicant. Nowhere does it say that dependants need to fill a separate form? (except children over 18....)

[CR001]

If dependents are applying at the same time as main applicant, it is one form for all. HO will check passport of dependent for absence. Dependent can also include the information in 'additional information' if necessary.

[seasky]

If dependents are applying at the same time as main applicant, it is one form for all. HO will check passport of dependent for absence. Dependent can also include the information in 'additional information' if necessary.

A bit nitty gritty but passport is only for entrance there is no exit stamps. Seeing what I have seen on British bureaucracy I doubt HO has good data on exits that would come from Airlines, Eurostar, Ferry companies and ?? ). Not to mention there is no border crossing over to Ireland or to channel islands Also many people have multiple nationalities and could leave declaring different passport to airline (based on the PP demanded by destination)

[CR001]

If dependents are applying at the same time as main applicant, it is one form for all. HO will check passport of dependent for absence. Dependent can also include the information in 'additional information' if necessary.

A bit nitty gritty but passport is only for entrance there is no exit stamps. Seeing what I have seen on British bureaucracy I doubt HO has good data on exits that would come from Airlines, Eurostar, Ferry companies and ?? ). Not to mention there is no border crossing over to Ireland or to channel islands Also many people have multiple nationalities and could leave declaring different passport to airline (based on the PP demanded by destination)

If you have extensive questions, suggest continue in one of your own posts or start a new topic. It is unfair to the OP for your to just tag onto his thread.

[saeed123]

She will have to apply for a Tier 1 Dependent extension to cover the shortfall for to apply for ILR. There is no shortcut or other route she can take. If she switches to another category of visa, her clock will reset to zero as will absence of 180 days or more.

Dear CR001,
i understand my dependant has to apply for PBS dependant visa to cover the short fall , Suppose if she dont get back her visa approved in 3 months time and by the time if she become eligible to apply for ILR( i mean 28 days before she complete 5 years ) . can she vary her application to set O .

[CR001]

Yes, she can apply to vary.

[saeed123]

Thank you CR001

[saeed123]

Hi CR001,
is ther any income requirement for PBS dependant to apply for ILR ?( PBS dependant will be applying for ILR seperately after the main applicant got ILR )

[saeed123]

Absence of 180 days or more will break her continuity of residence.

Dear CR001 ,
is this 180 days absense in last 5 years , or in the last one year

Absence of 180 days is in any one qualifying year.

Hi all ,
please help me to understant this,
180 days absense is allowed in each year or its 180 days in total 5 years?
Many thanks