UK Tier 1 - Dependent Visa validity/ILR

[naveed238105]

I want to post three important questions here, your early reply/ expert advice will be highly appreciated.

1. I had submitted my application for UK Tier 1 (Entrepreneur) in January 2017, which was initially refused then I had opted for AR, PAP, JR (written) and then JR (Oral). Finally in May 2018, British Embassy requested for consent form to reconsider their decision and later on they approved my application in August 2018. I was planning to relocate to UK but my dependents (Wife and Kids) will stay back in my country and I was initially told that when I will apply for ILR, then they will also get the same without being staying for 5 years in UK. However from January 2018, the law has changed and dependents are required to stay in UK to get ILR. MY QUESTIONS IS - WHICH LAW WILL APPLY IN MY CASE? As my application was submitted back in Jan 2017 and got approved in August 2018? Kindly reply please as its very important for me.

2. My second question is, if new law applies to my case then which kind of visa will my dependents get once I have received ILR after completion of 5 years stay in the UK?

3. Is there any way out to get the ILR in 3 years instead of 5 years? Any suggestions please.

Looking forward for a positive/ quick feedback.

[CR001]

1. It is unclear from your post if you have applied for your dependents yet or not? Please clarify. They still require 5 years residence to qualify for ILR. Just holding a visa and living abroad is not sufficient. Don't confuse the new 180 absence limit with the 5 year residence requirement for ILR.

2. If you get ILR based on Tier 1 Ent, then your dependents can continue to extend their tier 1 ent dependent visas until they qualify for ILR.

3. For you yes on the accelerated route IF you meet ALL the requirements. No quick route for your dependents, they need 5 years residence.

[naveed238105]

Thank you for your timely response. Really appreciated.

With regards to point 1.
I have applied for dependent visa and im expecting it in next one week. Im still confused as i was told that dependents may not be required to complete ILR requirements. So what i understand from your reply, to get an ILR, everyone has to complete 5 years requirements (no matter whether old or new rule applies)? Can you kindly share info on 180 days issue, which you have highligted.

Point no 3. Can you kindly share info on how i can accelerate ILR process? Any link will be useful.

Thank you so much once again for your response.

[CR001]

With regards to point 1.
I have applied for dependent visa and im expecting it in next one week. Im still confused as i was told that dependents may not be required to complete ILR requirements. So what i understand from your reply, to get an ILR, everyone has to complete 5 years requirements (no matter whether old or new rule applies)? Can you kindly share info on 180 days issue, which you have highligted

.
All Tier 1 dependent visa issued after 11 January 2018, as if your case, come under the new rules where there is an absence limit. Which means if your dependents are absent for 180 days or more in any 12 month rolling period, there continuity of residence is broken (this includes maternity for example as maternity is not 'exceptional'). They need 5 years residence with less than 180 days absence in ANY 12 month rolling period to qualify for ILR. See Big changes to continuous residence rule for ILR applicants under PBS.

Point no 3. Can you kindly share info on how i can accelerate ILR process? Any link will be useful.

If you meet the VERY specific requirements, you can apply. See page 32 in the Guidance Notes (click to read). This does not apply to your dependents though.

[naveed238105]

Thank you for your response.

So basically if dependent does not move to UK, their visa will keep on extending but to file for ILR, dependent needs to complete 5 years in continuity (i.e absence should be less than 180days in a year as per new rules).

This brings to my earlier question regarding which law will be applicable in my case as my application was submitted in january 2017 and case got approved in august 2018. Ideally old law should apply to my case. Kindly give your expert advice/ opinion please.

Thanks alot

[CR001]

The current rules of when your visa was granted apply and if they change in the next few years, whatever they are at that point will likely apply. Even before 11 January 2018, the 180 days absence applied to main PBS visa holders so not sure why you believe your case is different.

If you have only recently applied for your dependents, they are and always will be post 11 Jan 2018 applicants.

[naveed238105]

Thank you so much. Really appreciated.