Can my son join me as Tier 1 dependant if he has already been studying in UK?

[AnthonyHo]

Hello everyone,

My son got Tier 4 Student Visa last year and aged 14 now. I find some good opportunities in UK and I would like to apply Tier 1 Entrepreneur. But my wife would like to stay in HK for 3 more years (by then the employer voluntary contribution of her MPF, kind-of-pension of HK, is fully vetted). I have a sound business proposal and business partner, who has successful cases in UK; I have sufficient funding for investment and maintenance. However, I still have some questions.

(1) Do I qualify for Tier 1 Entrepreneur visa if my wife and my son are NOT joining my application? If so, do I qualify to apply ILR after my 5-year stay in UK?
(2) Should my son change to Tier 1 dependant if my Tier 1 Entrepreneur visa is approved but my wife is not joining me?
(3) If my ILR is approved after 5 years, could my son apply to be my dependant assuming that he is still studying at the University?
(4) Will his stay using Tier 4 visa count as part of the 5 years stay requirement of ILR?

I am sorry that I have so many questions and I cannot express my questions clear enough. Any advice will be highly appreciated. Thank you very much.

Anthony.

[marcnath]

(1) Do I qualify for Tier 1 Entrepreneur visa if my wife and my son are NOT joining my application? If so, do I qualify to apply ILR after my 5-year stay in UK?

Sure - no requirement in the rules that you should be accompanied by your family. But assuming you may be travelling often to HK, watch out for the absence limits when it is time for ILR.

(2) Should my son change to Tier 1 dependant if my Tier 1 Entrepreneur visa is approved but my wife is not joining me?

I can't anything that would prevent that. However, it is possibly easier for your wife to also apply to make the travel to UK easier if she is visiting for long periods.

(3) If my ILR is approved after 5 years, could my son apply to be my dependant assuming that he is still studying at the University?

Not unless your wife is also getting ILR at the same time or you have sole custody.

(4) Will his stay using Tier 4 visa count as part of the 5 years stay requirement of ILR?

There is no 5 year stay requirement for chlld ILR. But both parents must have ILR, so the 5 year will apply to your wife.

[CR001]

Your son is likely to face a refusal as your dependent as the other parent is not also applying at the same time.

The childs application will fail in terms of immigration rule 319H(f)

https://www.gov.uk/guidance/immigration ... ly-members

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

[vinny]

Correct.

[AnthonyHo]

Thank you marcnath, CR001 and vinny. May I ask for your favours again? I would like to confirm my understanding.

Scenario 1:
My Son: 2017 (Tier 4) --->2021 (age 17, Apply Tier 1 dependant together with my wife)--->2026 (Apply ILR)
Myself: 2018 (Tier 1 E)---->2023 (Apply ILR)
My Wife: 2021 (Apply Tier 1 dependant together with our son.) --->2026 (Apply ILR)

In this case, can I apply ILR in 2023 after complete my 5-years stay? If so, can my wife and my son keep renewing their Tier 1 dependant visa?


Scenario 2:
My Son: 2017 (Tier 4) --->2021 (age 17, Apply Tier 1 dependant together with my wife)--->2026 (Apply ILR)
Myself: 2018 (Tier 1 E)----------------->2026 (Apply ILR)
My Wife: 2021 (Apply Tier 1 dependant together with our son.) --->2026 (Apply ILR)

Is it a viable scenario? Can I continue my Tier 1 visa till both my wife and my son fulfil the 5-years stay requirements to apply ILR together?

Thank you for your advice.

[marcnath]

Thank you marcnath, CR001 and vinny. May I ask for your favours again? I would like to confirm my understanding.

Scenario 1:
My Son: 2017 (Tier 4) --->2021 (age 17, Apply Tier 1 dependant together with my wife)--->2026 (Apply ILR)
Myself: 2018 (Tier 1 E)---->2023 (Apply ILR)
My Wife: 2021 (Apply Tier 1 dependant together with our son.) --->2026 (Apply ILR)

In this case, can I apply ILR in 2023 after complete my 5-years stay? If so, can my wife and my son keep renewing their Tier 1 dependant visa?

Yes to both your questions with the caveat that, once your son passes 18, he can only be a dependant if he is not independent (e.g. not working)

Scenario 2:
My Son: 2017 (Tier 4) --->2021 (age 17, Apply Tier 1 dependant together with my wife)--->2026 (Apply ILR)
Myself: 2018 (Tier 1 E)----------------->2026 (Apply ILR)
My Wife: 2021 (Apply Tier 1 dependant together with our son.) --->2026 (Apply ILR)

Is it a viable scenario? Can I continue my Tier 1 visa till both my wife and my son fulfil the 5-years stay requirements to apply ILR together?

Thank you for your advice.

Yes to both again with the same caveat as above. But not sure why anyone would use this scenario

[vinny]

Strangely, over 18 year olds may work?

[AnthonyHo]

I am assume my son will still studying in the university so he is still a dependant.

[AnthonyHo]

Dear Marcnath and Vinny, Thank you for your time.

Dear Vinny, I re-read your link and CR001's reply. I really appreciated you could spend a few minutes to confirm my following understanding.

(1) My son and my wife can apply Tier 1 dependants together in 2021 when my wife quits her job and joins us. There is a reasonable chance of success if other conditions are met.

(2) They can apply ILR together with me. If my application is successful, then we should have ILR together.

Thank you very much for your help. Thank you.

Anthony.

[vinny]

Your son (and wife) must initially apply as a PBS dependants before he is 18.

Wife requires at least 5 years as a PBS dependant before being eligible for ILR.
Son may apply for ILR at the same time as her, assuming you have or are applying for ILR.

[AnthonyHo]

Vinny,

Thank you very much for your patience and helps.

Anthony.