ILR query (3+2) route

[fzp83]

Dear All,

I got my Tier 1 Entrepreneur visa extension (50K route) approved in April 2016 along with my two dependents (wife and then 2 years old daughter who was born in UK). Our ILR (3+2 route) is due in March 2018. I want someone to guide me if my daughter will have to apply for ILR along with our application or we can submit her naturalization application at the time of applying for our ILR?

Many thanks for your help.

[zimba]

You and your spouse will apply for ILR and wait to be granted. When granted ILR, you can register the UK born child as BC.

[fzp83]

Many thanks for such prompt reply.

Please note that my daughter is already on my dependent visa and has been out of U.K. for few times (holidays etc). Her dependant visa will expire on 4 April 2018 along with our visas. If we wait for our ILR to be approved before we apply to get her registered as BC, would she not be considered as overstayer as her visa would have expired on 4 April 2018?

[zimba]

She becomes an overstayer if her visa expires. So you better include her in the ILR application too in case your ILR application takes a long time (beyond August 2018) to prevent her from becoming an overstayer. Remember that a period of overstaying will not prevent her from registering for BC when you are granted ILR.

[fzp83]

Hi Zimba,

sorry, I had been stuck somewhere badly and could not continue with this query.

can you please clarify below at your earliest convenience:

1) Is there any relevance of August 2018 to our ILR applications or any impact it may have on my child's BC application if HO takes longer than 6 months to decide for my and my wife's ILR applications?

2) As per my understanding, as my child was born in UK, she does not need visa to stay in this country. However, if she exists from here then she will need to have visa to come back to UK. If we decide not to apply for her ILR with our ILR applications, she should not be considered over-stayer as she does not need visa to live here. please correct me if I am wrong?

thanks

[zimba]

I answered this above clearly.
As your child is on dependent visa, she will become an overstayer if the visa runs out but this will not prevent you registering her as BC after your ILR is granted.

[fzp83]

Thank you for your reply and guidance.

I have decided to apply my daughter's visa along with our visas.

I am in the process of completing application forms now for me and my family. Please correct me if I am wrong:

Application form for me: SET(O)
Application form for my dependent 1 (wife): SET (O)
Application form for my dependent 2 (3 and half years old, UK born daughter): SET(O)

Just wanted a confirmation if I am using the right type of application forms for my wife and daughter. Wife has been with me in the UK on my dependent visa for last 5 years and daughter, who is 3 and half years old, was born here in the UK.

Many thanks for your help, like always.

[CR001]

ONE Set(O) form for ALL of you together.

Not a form for each applicant.

[fzp83]

Many thanks for your help CR001.

Another question if you don't mind please:

Please see below the dates for my Entrepreneur initial and extension visas:

Initial: Date of issue: 13-04-2013, Valid Until: 22-03-2016
Extension: Date of issue: 04-04-2016, Valid Until: 04-04-2018

By looking at the above dates it appears that my visa will be short of around 10 days from it being the 5 years period (this is how it was granted by HO). Can you please advise if it can have any impact on my ILR application?

Secondly, I am not sure when will be the end of my qualifying period for ILR? Would it be 04-04-2018 (visa is valid until) or 13-04-2018 (5 years will end here as initial visa was granted on 13-04-2013 )?

Thanks for your help, once again.

[Parveenkumar7]

I think common sense would prevail here, although I am not an expert I see 10 days short validity as within qualifying period as you are allowed to apply 28 days prior. Wait for experts.

[fzp83]

Hi Moderators, can I have your thoughts please?

thanks

[zimba]

You can apply 28 days before completing your 5 years. So you can apply before visa expiry for ILR

[fzp83]

ONE Set(O) form for ALL of you together.

Not a form for each applicant.

Many thanks CR001 for guiding me. Just few days to go before I submit my application. I have two queries regarding SET (O) application form and will be grateful if you can kindly help me:

1) Section 5 - This section seems more relevant to other visa categories than Tier 1 Entrepreneur. I want to confirm if I will need to fill in questions: 5.2, 5.3, 5.6, 5.7, 5.8 and 5.9.

2) Section 6 - I note that the previous version of the form did not have any section to provide details of absences from UK for dependents. It is only in the latest version of the application form that a new section (question 6.13 and 6.14) has been added asking for the details of absences from UK for dependents. However, it appears that this detail is only required if any leave was granted since 11 Jan 2018 and there were any absences from UK since then. We were granted Tier1 Entrepreneur extension on 04-04-2016 until 04-04-2018. I am not sure if I need to provide details of absences from UK for my dependents. I had been hearing that both main applicant as well as dependent(s) have to provide details of absences, regardless, for whole 5 years?

Thanks for your help.

[fzp83]

Can anyone from the moderators help me with above queries?
Many thanks

[omercheema619]

ONE Set(O) form for ALL of you together.

Not a form for each applicant.

Many thanks CR001 for guiding me. Just few days to go before I submit my application. I have two queries regarding SET (O) application form and will be grateful if you can kindly help me:

1) Section 5 - This section seems more relevant to other visa categories than Tier 1 Entrepreneur. I want to confirm if I will need to fill in questions: 5.2, 5.3, 5.6, 5.7, 5.8 and 5.9.

2) Section 6 - I note that the previous version of the form did not have any section to provide details of absences from UK for dependents. It is only in the latest version of the application form that a new section (question 6.13 and 6.14) has been added asking for the details of absences from UK for dependents. However, it appears that this detail is only required if any leave was granted since 11 Jan 2018 and there were any absences from UK since then. We were granted Tier1 Entrepreneur extension on 04-04-2016 until 04-04-2018. I am not sure if I need to provide details of absences from UK for my dependents. I had been hearing that both main applicant as well as dependent(s) have to provide details of absences, regardless, for whole 5 years?

Thanks for your help.

Hi Guys

Can anyone please help with above queries as I also have similar query.

regards
M

[CR001]

ONE Set(O) form for ALL of you together.

Not a form for each applicant.

Many thanks CR001 for guiding me. Just few days to go before I submit my application. I have two queries regarding SET (O) application form and will be grateful if you can kindly help me:

1) Section 5 - This section seems more relevant to other visa categories than Tier 1 Entrepreneur. I want to confirm if I will need to fill in questions: 5.2, 5.3, 5.6, 5.7, 5.8 and 5.9.

2) Section 6 - I note that the previous version of the form did not have any section to provide details of absences from UK for dependents. It is only in the latest version of the application form that a new section (question 6.13 and 6.14) has been added asking for the details of absences from UK for dependents. However, it appears that this detail is only required if any leave was granted since 11 Jan 2018 and there were any absences from UK since then. We were granted Tier1 Entrepreneur extension on 04-04-2016 until 04-04-2018. I am not sure if I need to provide details of absences from UK for my dependents. I had been hearing that both main applicant as well as dependent(s) have to provide details of absences, regardless, for whole 5 years?

Thanks for your help.

Hi Guys

Can anyone please help with above queries as I also have similar query.

regards
M

Please continue in your own topic if you have one or start your own rather than tagging onto another members thread.

[fzp83]

Can anyone help me please with above queries?
Many thanks

[raj.m]

ONE Set(O) form for ALL of you together.

Not a form for each applicant.

Many thanks CR001 for guiding me. Just few days to go before I submit my application. I have two queries regarding SET (O) application form and will be grateful if you can kindly help me:

1) Section 5 - This section seems more relevant to other visa categories than Tier 1 Entrepreneur. I want to confirm if I will need to fill in questions: 5.2, 5.3, 5.6, 5.7, 5.8 and 5.9.

2) Section 6 - I note that the previous version of the form did not have any section to provide details of absences from UK for dependents. It is only in the latest version of the application form that a new section (question 6.13 and 6.14) has been added asking for the details of absences from UK for dependents. However, it appears that this detail is only required if any leave was granted since 11 Jan 2018 and there were any absences from UK since then. We were granted Tier1 Entrepreneur extension on 04-04-2016 until 04-04-2018. I am not sure if I need to provide details of absences from UK for my dependents. I had been hearing that both main applicant as well as dependent(s) have to provide details of absences, regardless, for whole 5 years?

Thanks for your help.

- You will need to fill out 5.1 to 5.5. Others would be NA for you, those are for other categories.

[fzp83]

MANY thanks

Can someone please help me with my second query as well? Thanks