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Switching from Tier1 ent to Tier4 dependant for 10yrs ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Ameten
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Switching from Tier1 ent to Tier4 dependant for 10yrs ILR

Post by Ameten » Sun Mar 12, 2017 11:08 pm

Hello Everyone,
Please, I have a question concerning the advice I was given yesterday. I am planning to switch to Tier4 dependant from Tier1 Entrepreneur for two years, after which I will complete 10years legally in the UK. But someone told me yesterday that dependant of tier4 is not qualified for 10yrs route ILR even if he stayed 10 years in UK. Simply because is a tier4 dependant at the time of application. Please, can our expert help throw more lights on this?
Thanks

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zimba
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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by zimba » Sun Mar 12, 2017 11:38 pm

Moved to the ILR subforum.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Ameten
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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by Ameten » Sun Mar 12, 2017 11:52 pm

zimba88 wrote:Moved to the ILR subforum.
Thanks Zimba for moving this to the appropriate forum, but could you please advise?

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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by vinny » Sun Mar 12, 2017 11:56 pm

Ameten wrote:Hello Everyone,
Please, I have a question concerning the advice I was given yesterday. I am planning to switch to Tier4 dependant from Tier1 Entrepreneur for two years, after which I will complete 10years legally in the UK. But someone told me yesterday that dependant of tier4 is not qualified for 10yrs route ILR even if he stayed 10 years in UK. Simply because is a tier4 dependant at the time of application. Please, can our expert help throw more lights on this?
Thanks
Untrue.
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Ameten
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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by Ameten » Thu Mar 23, 2017 4:03 pm

Untrue.[/quote]

Thanks Vinny,
I think I didn't put the question the way he put it.
What the lawyer actually said is that a tier4 dependant is not allowed to make an in-country SET (LR) application, that the applicant (tier4 dependant) who has lawfully stayed in the UK for 10 years, will have to go back to his or her country to make the SET (LR) application, simply because he/she is a tier4 dependant at the time of application? Please help to confirm if this is true.

My second question is that I was refused tier1 entreprenuer extention in April 2016, Filed AR in same April (Intime application), AR refusal letter came in July 2016, Filed a fresh application same July (intime Application), got tier1 entreprenuer extention approval in November 2016.
Please, will the period of refusal and reapplication (April - November) count as part of lawful 10 years for Long Resident? Please help.

Thanks in anticipation

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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by CR001 » Thu Mar 23, 2017 4:08 pm

Ameten wrote:Thanks Vinny,
I think I didn't put the question the way he put it.
What the lawyer actually said is that a tier4 dependant is not allowed to make an in-country SET (LR) application, that the applicant (tier4 dependant) who has lawfully stayed in the UK for 10 years, will have to go back to his or her country to make the SET (LR) application, simply because he/she is a tier4 dependant at the time of application? Please help to confirm if this is true.
Absolute rubbish. I hope you have not paid for such horribly incorrect advice. ANY applicant for ILR via ANY route CANNOT apply for ILR outside the UK. You can only apply for ILR WITHIN the UK.
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seasky
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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by seasky » Thu Mar 23, 2017 4:31 pm

Ameten wrote: My second question is that I was refused tier1 entreprenuer extention in April 2016, Filed AR in same April (Intime application), AR refusal letter came in July 2016, Filed a fresh application same July (intime Application), got tier1 entreprenuer extention approval in November 2016.
Please, will the period of refusal and reapplication (April - November) count as part of lawful 10 years for Long Resident? Please help.

Thanks in anticipation
1. It seems from what you say continuity was not broken
2. If you were refused in APR 16 for T1E I assume you applied late 2015 so entered the route late 2012, as such you can apply for T1E ILR later this year (5 years from start of route). You need to meet criteria (2 employee/years)

Ameten
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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by Ameten » Thu Mar 23, 2017 6:47 pm

CR001 wrote:
Ameten wrote:Thanks Vinny,
I think I didn't put the question the way he put it.
What the lawyer actually said is that a tier4 dependant is not allowed to make an in-country SET (LR) application, that the applicant (tier4 dependant) who has lawfully stayed in the UK for 10 years, will have to go back to his or her country to make the SET (LR) application, simply because he/she is a tier4 dependant at the time of application? Please help to confirm if this is true.
Absolute rubbish. I hope you have not paid for such horribly incorrect advice. ANY applicant for ILR via ANY route CANNOT apply for ILR outside the UK. You can only apply for ILR WITHIN the UK.
Thanks CR001, I have not paid him, as I was not convinced about it as well. It means applying for 10 yrs route ILR within the UK includes tier4 dependant applicant?

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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by zimba » Thu Mar 23, 2017 7:09 pm

Yes, the 10 years include any PBS related visa including the PBS dependant visa. Do not mix this with people on FLR(M)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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Re: Switching from Tier1 ent to Tier4 dependant for 10yrs IL

Post by CR001 » Thu Mar 23, 2017 7:57 pm

ILR based on 10 years long residence can include ANY valid visa in the UK, including visitor visa.
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