ILR for T1 Ent but Extension for Dependants

[aumar]

My brother is due for ILR soon. He is currently on Tier 1 Entrepreneur. But his wife and child (born in the UK 2 years ago) have not completed 5 years’ time in the UK. His wife and child both are his dependant and their visas expire the same days as my brothers. Now my brother will be going for ILR and as he can’t attend same day for being T1 ( Ent), he will have to send by post. My brothers’ dependent child and wife will have to go for extension at the same time when he goes for his ILR.

My question is how he could apply for his dependants for extension at the same time when he himself is going for ILR. How the HO will extend his dependants’ visa when his visa has already been expired and in the process for ILR. Also, for ILR they could take upto 6 months but for for extension for deponent won’t take more than 2 weeks.

Please help as he is very stressed out and we need to find out a way to deal with this unique situation. Thanks!

[geriatrix]

Unique it isn't, by any standard!

Include a cover letter along with dependant's application to state that that the principal migrant is applying for settlement and that the application of the dependant is based on the principal migrant's application.
Provide principal migrant's name, date of birth, passport number and a copy of the BRP in that covering letter.

[aumar]

Thanks;

However what if my brother's ILR rejected and his dependant have already got visa? Will the extension be curtailed afterwards? How long the extension will be granted for?

thanks for your reply in advance.

Regards

[geriatrix]

Dependant will not be granted leave unless the principal migrant is granted leave.
If principal migrant's application is refused then the dependant application(s) will also be refused.

Is the ILR application going to be beased on Long Residence or PBS route?

[aumar]

Thanks for reply.

It is PBS five years T1 Ent visa - the basis of main applicant's ILR.

So that means until the main applicant is granted ILR, decision on dependants extensions will be on hold?

Thanks again

[geriatrix]

Yes.

And make sure that the dependant(s) apply for leave to remain (extension) as PBS dependant.
They must not apply for leave under FLR(M) or FLR(FP).