ILR 5 Years Employment query - Ent Visa

[sameerb]

Hello everyone,


My wife has just received her Entrepreneur extension on 3rd Oct 2017(valid till 3rd oct 2019). She entered UK on 27 Sept 2009 (no breaks)

I entered UK in Jan 2014 as her dependent.

I would really appreciate your help if you can advise me on what options do we have for ILR in 2 years time. Thanks in advance.

[iworker]

if she applies as 5 years on ent, then u can apply with her.
If she applies as a 10 year LR stay, then u cant apply with her and will have to apply for 2.5 x 2 visas flrm.

[CR001]

She can apply for ILR based on 10 years long residence if she meets all the requirements. You would need to switch to FLR(M) and this will reset your clock to zero and a new 5 year period (2 x 2.5 year visas) before qualifying for ILR based on 5 years residence.

If she meets the requirements for ILR based on Tier 1 Ent, you can both apply at the same time provided both of you have 5 years residence.

Edit: beaten by iworker

[sameerb]

thank you for your reply guys.

But I am completing my 5years in Jan 2019 (Jan 2014 to Jan 2019). Can I not apply for ILR with my wife's 10 years ILR in Sept 2019?

Is there a premium service available for both 10year ILR and Ent ext 5 year route ILR?

thanks in advance

[CR001]

But I am completing my 5years in Jan 2019 (Jan 2014 to Jan 2019). Can I not apply for ILR with my wife's 10 years ILR in Sept 2019?

No you cannot. As a Tier 1 Dependent, you can only apply for ILR when the main Tier 1 ent visa holder applies for ILR based on the PBS route 5 years residence.

Is there a premium service available for both 10year ILR and Ent ext 5 year route ILR?

10 yeas ILR yes. Tier 1 Ent ILR no.

You cannot apply for ILR if she gets ILR based on long residence, you will have to switch to FLR(M) as already advised.

[sameerb]

Hi Gurus,

My time line

Tier 1 Ent Visa Initial application approved - 26 June 2013
Extension applied - June 2016
(16 months waiting)
Extension approved - 3 Oct 2017

Query

1. I had 2 employees all along without break. Am I qualified employment wise to apply for ILR in June 2018 if I discontinue both employment now?