Tier 1 Entrepreneural Ext to ILR

[raven2000]

Hi Guys,

I have currently applied for Tier 1 ent ext on 50,000 team route and I am planning to switch to long residency ILR route. My questions are:

My wife who came to UK in May 2012 (before the July 2012 rule changes) is also in the a dependent in the Tier 1 ext application. When she came here, she came as Post Study Work (PBS) dependant. She then became Tier 1 Entrepreneural dependent in June 2013. That last leave expired in June 2016, before which we applied for Tier 1 extension. My question is, when I vary my application for ILR, what route my wife is eligible for?

My understanding is that if she was here prior to July 2012, she only has to complete 2 years before she can be considered for ILR based on the sponsor who already got ILR on PBS track. Now in my case my wife has spend 5 years in UK as PBS dependant, but I am applying to settle on long residency track. So shall I apply for her on FLR(M) track? or can I use the SET (O) track to apply for her ILR too?

If I am going to window, can I take both FLR and SET (O) applications and ask the case worker?

One last question, when I appear for a window appointment, will they have all my documents (passport etc) which I have already submitted for Tier 1 Ext application? Does it matter which centre I go to? Will they have these as electronic copies?

I will really appreciate your response on this

[zimba]

She would have qualified for ILR if you apply for ILR under PBS route. However when you are applying under long residence, your wife cannot NOT qualify for ILR based on PBS route residence requirements. She must vary her application to FLR(M) after your long residence ILR is granted. She either has to wait 5 years on FLR(M) to get ILR or must complete 10 years for long residence.

If I am going to window, can I take both FLR and SET (O) applications and ask the case worker?

You do not get to talk to a case worker there

One last question, when I appear for a window appointment, will they have all my documents (passport etc) which I have already submitted for Tier 1 Ext application? Does it matter which centre I go to? Will they have these as electronic copies?

You will NOT get a decision on the same day as all your documents must be requested to be sent to the centre by the case worker.

[raven2000]

Thansk Zimba for the clarification.

On your point:

She must vary her application to FLR(M) after your long residence ILR is granted.

We applied together for the Tier 1 extension application, does not it mean that I have to vary the application for both myself and my wife at the same time? I am booking a window appointment for myself, and also booking the window appointment for my wife too for FLR. Because if I dont apply for her too (at the same time as mine ILR), she will become over stayer as her current leave expired last June. Am I right in my speculation?

So basically I am not sure what approach shall I take to vary the application:

- Can I take one window appointment for my ILR and my wife FLR applications?
- If I can not book one appointment for both myself and my wife, whats the best way? Shall I book two different appointments for the same day and somehow tell them that these two are linked?
- Can I just go for my ILR? Given that my wife does not have valid current visa as she is also waiting on the same Tier 1 ext application.
- Regarding the fees which I already paid for Tier 1 extension, if the new ILR and FLR applications to vary from current Tier 1 are successful, will they refund the Tier 1 fee? If yes, when that will be?

I hope to hear from you soon.

Many thanks

[zimba]

We applied together for the Tier 1 extension application, does not it mean that I have to vary the application for both myself and my wife at the same time? I am booking a window appointment for myself, and also booking the window appointment for my wife too for FLR. Because if I dont apply for her too (at the same time as mine ILR), she will become over stayer as her current leave expired last June. Am I right in my speculation?

She is protected under section 3C for now. You can vary her application at any time and the section 3C will continue. However there is NO basis for her FLR(M) if you do not have an ILR and the same day decision will be impossible. You can apply on the same day with a single appointment for your ILR and her FLR(M) switch. For FLR(M) you must also meet the min income requirements and your spouse needs to meet English A1 level. She will need to pay the immigration health surcharge as well for 2.5 years.
If any of that is not possible at the moment, you better follow your immigration path under Tier 1E instead.

All the Tier 1E extension fees will be refunded separately later if the variation is successful.

[raven2000]

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She is protected under section 3C for now. You can vary her application at any time and the section 3C will continue. However there is NO basis for her FLR(M) if you do not have an ILR and the same day decision will be impossible. You can apply on the same day with a single appointment for your ILR and her FLR(M) switch. For FLR(M) you must also meet the min income requirements and your spouse needs to meet English A1 level. She will need to pay the immigration health surcharge as well for 2.5 years.
If any of that is not possible at the moment, you better follow your immigration path under Tier 1E instead.

All the Tier 1E extension fees will be refunded separately later if the variation is successful.

Thanks for the reply.

Well for the requirements, we meet all the requirements. Income requirements is done, English is done, IHS can be paid. But I have got two points to clear now after reading your reply

1- If I apply on the same day with one application, how can I book such an appointment using the online system for window appointments? And also how do I tell the case worker that my ILR decision has to be made first before they consider the FLR for my wife and kids?

2- If I go alone for my ILR and suppose I am granted the ILR leave, what happens to my wife and kids application of Tier 1 dependants? You mentioned they are safe with Section 3C, if yes for how long? When I vary my application, how much time my wife and kids have under section 3C after a decision is made on the variation of my application.

3- Well I said 2, but here is a third question, what happens if my variation to ILR is rejected? Will they still keep working on the existing Tier 1 Ext application?

Many thanks

[zimba]

1- If I apply on the same day with one application, how can I book such an appointment using the online system for window appointments? And also how do I tell the case worker that my ILR decision has to be made first before they consider the FLR for my wife and kids?

You must submit both applications with a covering letter explaining your intention to vary your previous Tier 1E extension application to SET(LR) as well as your intention to switch your dependant's application to FLR(M) with all the relevant documents and forms as per rules.

2- If I go alone for my ILR and suppose I am granted the ILR leave, what happens to my wife and kids application of Tier 1 dependants? You mentioned they are safe with Section 3C, if yes for how long? When I vary my application, how much time my wife and kids have under section 3C after a decision is made on the variation of my application.

You better apply together with a covering letter as advised above. The caseworker might question the status of your dependants if you apply alone.

3- Well I said 2, but here is a third question, what happens if my variation to ILR is rejected? Will they still keep working on the existing Tier 1 Ext application?

There is a subtle difference there. 'Variation' being refused vs 'ILR' being refused. If the variation is not allowed for example, then your previous application is intact. However if variation of application to ILR is accepted, now you simply have only a pending ILR application (not a Tier 1E extension) which could now be refused/granted as per rules.

[raven2000]

Many thanks Zimba. You have answered my questions clearly