ILR through Long Residencey

[MJA411]

Hello everyone!

I am currently holding Tier 1 Entrepreneur Visa. I have a question in case I can vary my application to ILR Long Residency.

My Visa History:-

13/01/2006 - 13/01/2007 on Student Visa for my Masters
13/01/2007 - 15/09/2009 on multiple Visitor visa without breaking the chain not even for a single day.
15/09/2009 - 14/09/2014 C - Visit visa
12/08/2010 - 12/08/2015 C - Visit - Business Visa
06/02/2012 - 06/06/2015 Granted Tier 1 Entrepreneur
29/07/2015 - 29/07/2017 Granted my first Tier 1 Entrepreneur Extension

My Questions:

PS: I have never stayed outside the UK for more than 6 months continuously in the past 11-12 years.

1. Does my visa history counts towards ILR long residency ?
2. If yes, can I vary my application on the basis of ILR Long residency bearing in mind I have already submitted an application for ILR through Tier 1 Ent?
3. Is there any restriction for ILR Long Residency? (e.g. period spent outside the UK)
4. I have dependents who came with me when I was granted my first Tier 1 Entrepreneur Visa, so what happens to them if I decide to vary my application to ILR long residency?
5. All my dependents have stayed in the UK since 23/03/2012

I'd really appreciate all your responses in regards to this matter.

Thanks

[secret.simon]

3. Is there any restriction for ILR Long Residency? (e.g. period spent outside the UK)

The absence requirement for ILR LR is
a) no single absence of more than 180 days
b) total absence not exceeding 540 days

Given the number of times you have been in the UK on visit visas, do you meet the "less than 540 days" requirement?

[MJA411]

3. Is there any restriction for ILR Long Residency? (e.g. period spent outside the UK)

The absence requirement for ILR LR is
a) no single absence of more than 180 days
b) total absence not exceeding 540 days

Given the number of times you have been in the UK on visit visas, do you meet the "less than 540 days" requirement?

I wouldn't say I do, but giving that I have been living legally in the UK for over 10 years is there a way or compelling reasons to challenge this above requirements? Other than that I am all good.
Most my absences are due to business reasons as I have couple business abroad that need supervision in addition to my UK business here.

[secret.simon]

How much total absence do you have in the past ten years?

[MJA411]

How much total absence do you have in the past ten years?

Not quite sure, but its an average of 3 to 6 months per year. I must travel every month or every two to attend for my other businesses, its an obligation and stated on the contract I've signed with major parties.

I read somewhere that any application through non point-based system is negotiable and there might be a chance to win an appeal if you provide solid documents proving your absences. I hope that's right, otherwise I'll have to go for an extension.

[MJA411]

4. I have dependents who came with me when I was granted my first Tier 1 Entrepreneur Visa, so what happens to them if I decide to vary my application to ILR long residency?
5. All my dependents have stayed in the UK since 23/03/2012

Hello, in case I decide to go for ILR 10 years route and get approval, what happens to my dependants on my current Tier 1 Ent ? Is there a way to apply ILR for them at the same time I apply for mine? (They haven't completed 10 years yet) or can I apply for them after I get an approval ?

In case you're wondering, my dependants are my wife, 2 adult over 18 years old, and 3 under 18 years old.
I'd really appreciate an urgent answer
Thanks!

[CR001]

Hello, in case I decide to go for ILR 10 years route and get approval, what happens to my dependants on my current Tier 1 Ent ? Is there a way to apply ILR for them at the same time I apply for mine? (They haven't completed 10 years yet)

No, they won't qualify for ILR. Long residence ILR does not permit dependents to apply for ILR with you.

or can I apply for them after I get an approval ?

Nope, can't do that either as they won't qualify.

They will have to switch to FLR(M), which might be a bit difficult for the over 18 children. FLR(M) will reset their clocks to zero and new 5 year residence requirement (2 x 2.5 year visas) before they will qualify for ILR (or 10 years long residence if they reach that sooner).

What do your adult children do in the UK??

[MJA411]

What do your adult children do in the UK??

They've came to the UK when they were 16, and currently studying in university. They've completed almost 6 years now under PBS Dependant visa.

[MJA411]

Does completing 10 years under PBS Dependant ONLY count for ILR Long Residence ?

[CR001]

Does completing 10 years under PBS Dependant ONLY count for ILR Long Residence ?

Yes but if you wait for that and you have travel, it is risky and and they risk being refused re-entry due to you not getting ILR based on Tier 1 Ent.

[MJA411]

Does completing 10 years under PBS Dependant ONLY count for ILR Long Residence ?

Yes but if you wait for that and you have travel, it is risky and and they risk being refused re-entry due to you not getting ILR based on Tier 1 Ent.

I looked at the gov website for settling if 1 or 2 parents had ILR.

https://www.gov.uk/settle-in-the-uk/y/y ... t-applying

I also read this on the above link, I wonder if my under 18 children would be eligible giving they've been living with me since birth.

You can apply as a child under 18
You may be eligible for settlement (‘indefinite leave to remain’) if you’re under 18 and you live in the UK with 1 of the following:

both your parents who are British citizens or settled in the UK
one of your parents who is settled or settling in the UK and the other parent is dead
one of your parents who is settled or settling in the UK and has sole responsibility for looking after you
one parent or relative who is settled or settling in the UK and there are compelling reasons why you should be allowed to stay

I also read this on a different link (Source gov website) please explain what it means.

You can apply as an adult dependent relative
You may be eligible for settlement (‘indefinite leave to remain’) if you’re an adult dependent relative of a person who:

is a British citizen or settled in the UK
was a refugee when you joined them as an adult dependent relative and is now settled
had humanitarian protection when you joined them as an adult dependent relative and is now settled
An adult dependant can be a:

parent
grandparent
brother
sister
son or daughter over 18

I just hope I'm not preaching forum rules by posting the above link, if I am I apologise in advance.

Thanks

[CR001]

How old are the under 18 children??

You seem to be missing the point that if you apply for ILR based on Long residency, they cannot apply for ILR based on PBS Dependent visas, the rules don't permit this.

[MJA411]

How old are the under 18 children??

You seem to be missing the point that if you apply for ILR based on Long residency, they cannot apply for ILR based on PBS Dependent visas, the rules don't permit this.

They're 17, 13, 6

Oh I see, so their PBS Dependent Visa must be revoked in order to apply for ILR through 10 years right?

[CR001]

No.

They cannot apply for ILR based on PBS Dependent visas and 5 years residence.

ALL visas count towards 10 years long residence.

However, if they travel out of the UK, it is risky due to the rule changes of PBS Dependents of ILR LR applicants made in April 2014. The requirement is to change visas to FLR(M).

None of your dependents will qualify for ILR if you apply for long residence ILR, based on the limited information you have posted.