PBS TIER 1 ENT TOWARDS ILR NEED ADVICE

[amirakbar]

Hello,

I have a question for one of my friend. He obtained Tier 1 Entrepreneur Extension recently. On the basis of Tier 1 Entrepreneur he is eligible for ILR in March 2019 as his 5 years will be completed. On the other hand he is completing his 10 years in September 2019. He is quite satisfied in going for ILR on 10 Years instead of Tier 1 Entrpreneur.

Of course if he go for ILR on TIER 1 ENTREPRENEUR his spouse will be getting ILR too as she also has completed her 5 years on the visa from the beginning.

OR

If he will go for ILR on 10 years then need to confirm if his spouse can apply for ILR on PBS basis as she has completed her 5 years being his dependant on TIER 1 Entrepreneur (SAID BY A SOLICITOR). She came to the country on a PBS dependant visa Tier 1 PSW in 2009 and this switched to PBS Tier 1 Entrepreneur visa in 2014

or she has to complete another 5 year from scratch.

Thanks

[CR001]

The solicitor is wrong. If your 'friend' applies for ILR based on Long Residence, then NO the dependent cannot apply for ILR based on PBS Dependent 5 years residence.

The rules changed in April 2014, perhaps the 'solicitor' is not aware.

See dependant-of-ilr-long-residence-applicant-on-pbs-leave (click)

If she meets the requirements, she can apply for long residence ILR in 2019.