ILR for PBS Dependant on the basis of Tier-1 Entrepreneur Accelerated route of 3 Years

[Qayyum]

Good Afternoon,

I want to ask from board members wether my spouse can apply for ILR ( completion of 3 Years under Dependant of Tier-1 PBS Accelerated route) as she is dependant of me and I successfully got ILR on the basis of Tier-1 Entrepreneur Accelerated route of 3 Years. She is in UK for 3 Years as PBS dependant.

She came in start of 2015 as spouse of Tier-1 Entrepreneur
Main Applicant (I) got ILR in August 2017 (Accelerated Route 3 Years)
she lawfully completed her 3 Years in UK.

Can I apply ILR for her using set(0) form or she has to complete 5 years like other categories. I came to know that she can switch to ILR as I got ILR on the accelerated route.

Many Thanks

[seasky]

Separate question (sorry don't know ur question. I think if u came in together it would be ok)

Can u share ur accelerated entrepreneur story? We don't see many successful ones on this forum. Thx.

[Qayyum]

My question was, if my wife can apply for ILR on the basis of 3 Years stay in UK or not as I got ILR after completion of my 3 Years Entrepreneur (Accelerated route).

Here is my story of Entrepreneur to ILR:
I was on Entrepreneur Visa and created more than 20 (British/EU Residents) Part time employment for my company. Each of them have worked a minimum of 12 continues months in my company. Some they work in 1st year and some in 2nd and 3rd year. I made pair of two employees who work in same period and same role. I was told that I cannot apply for ILR on the basis of these pairs but I knew there is nothing wrong to make pairs of 2 or more employees to complete 30-32 hours minimum per week employment. I have provided all the record which I received from HMRC every month for PAYE & Other. My all documents, including payslips or employees' P-46, P-45, P-60 etc were attested by my accountant and I asked him to attest each and every page.

When I applied for ILR, it took exactly 4 weeks to get the result of my application and I received a letter from Home Office that I successfully avail ILR and will get my BRP within 10 days which I received within 3 days. I also applied for the extension visa of my wife( she was here for 2 Years & 6 months) and child(who born in UK) and I received visa extension for both on same time, later I applied for my child's citizenship and British Passport which I received in 7 weeks time.

Now I am planning to apply for ILR of my dependant(wife) who is here in UK for 3 Years and I just wanted to double check if she can apply for ILR on the basis of my application (accelerated route) or have to wait for 5 Years. If anyone knows about it.

Kind Regards

[marcnath]

Good Afternoon,

I want to ask from board members wether my spouse can apply for ILR ( completion of 3 Years under Dependant of Tier-1 PBS Accelerated route) as she is dependant of me and I successfully got ILR on the basis of Tier-1 Entrepreneur Accelerated route of 3 Years. She is in UK for 3 Years as PBS dependant.

She came in start of 2015 as spouse of Tier-1 Entrepreneur
Main Applicant (I) got ILR in August 2017 (Accelerated Route 3 Years)
she lawfully completed her 3 Years in UK.

Can I apply ILR for her using set(0) form or she has to complete 5 years like other categories. I came to know that she can switch to ILR as I got ILR on the accelerated route.

Many Thanks

She has to complete 5 years. Remember to renew her Visa as a PBS dependant, if further renewal is needed. Do not use form FLR(M) - partner of a settled person - that will restart the 5 year clock if you do so.

[seasky]

She has to complete 5 years. Remember to renew her Visa as a PBS dependant. Do not use form FLR(M) - partner of a settled person - that will restart the 5 year clock if you do so.

If she had entered the UK with him, would she not have been able to get ILR with the OP?

[Qayyum]

She has to complete 5 years. Remember to renew her Visa as a PBS dependant. Do not use form FLR(M) - partner of a settled person - that will restart the 5 year clock if you do so.

If she had entered the UK with him, would she not have been able to get ILR with the OP?

I was advised by immigration solicitors that I can apply for her ILR as she came entered in UK as dependent of Tier-1 Entrepreneur Visa and got extension of same PBS (she joined me 6 months after my visa). The solicitor said she has to apply on the basis of same route (Accelerated route of 3 Years) for her ILR. I am not 100% sure, that was the reason I came on this platform to get an advise from senior members.

[marcnath]

She has to complete 5 years. Remember to renew her Visa as a PBS dependant. Do not use form FLR(M) - partner of a settled person - that will restart the 5 year clock if you do so.

If she had entered the UK with him, would she not have been able to get ILR with the OP?

I was advised by immigration solicitors that I can apply for her ILR as she came entered in UK as dependent of Tier-1 Entrepreneur Visa and got extension of same PBS (she joined me 6 months after my visa). The solicitor said she has to apply on the basis of same route (Accelerated route of 3 Years) for her ILR. I am not 100% sure, that was the reason I came on this platform to get an advise from senior members.

The immigration rules does not have any provision for a 3 year route for partner ILR. This question has been asked before on this forum and I do recall other senior members giving the same answer.
Immigration solicitors should know this better. There are occasional cases where HO does seem to deviate from their own guidelines - Super premium appointment for T1E is an example. This could be another undocumented exception but I doubt it.

[seasky]

The immigration rules does not have any provision for a 3 year route for partner ILR. This question has been asked before on this forum and I do recall other senior members giving the same answer.
Immigration solicitors should know this better. There are occasional cases where HO does seem to deviate from their own guidelines - Super premium appointment for T1E is an example. This could be another undocumented exception but I doubt it.

I find it hard to believe that if you apply on the same set(o) form for accelerated that dependent would not be approved. The guidance does not say "your dependants cannot be accelerated". Do you even input visa history for dependant? I know you don't input travel

in the case of the OP that the spouse came later, may be a different story

[zimba]

Accelerated ILR applies ONLY to the main Tier 1E applicants NOT the dependants. Dependants follow different rules for ILR Min 5 years stay is necessary