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Tier 1 entrepreneur dependent application

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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adeel82
Newly Registered
Posts: 10
Joined: Fri May 17, 2013 4:00 pm
Location: UK

Tier 1 entrepreneur dependent application

Post by adeel82 » Mon Jul 11, 2016 4:24 pm

Hello everyone,


I have tier 1 entrepreneur (50K route) extension due next month. I have a son who is 4 years 7 months old now, he was born here and we got his extension with us when we applied for entrepreneur visa. I am thinking not to apply for his extension this time as we are not planning to travel till further extension. My question is that will it have any effect on mine and my wife's application for extension if I dont apply for my son? What does the law state in such situation or is it compulsory to apply for him as well?

Kind Regards

Dangerous Dragon
Member
Posts: 135
Joined: Thu Jun 09, 2016 8:26 am

Re: Tier 1 entrepreneur dependent application

Post by Dangerous Dragon » Mon Jul 11, 2016 5:25 pm

Hello Adeel82,

If ur son got bio metrics card you should apply for his visa as well as ur dependent otherwise later they may say he overstayed , I may be wrong.
adeel82 wrote:Hello everyone,


I have tier 1 entrepreneur (50K route) extension due next month. I have a son who is 4 years 7 months old now, he was born here and we got his extension with us when we applied for entrepreneur visa. I am thinking not to apply for his extension this time as we are not planning to travel till further extension. My question is that will it have any effect on mine and my wife's application for extension if I dont apply for my son? What does the law state in such situation or is it compulsory to apply for him as well?

Kind Regards

babaty2k02
Member of Standing
Posts: 258
Joined: Sun Jul 28, 2013 10:34 am
Nigeria

Re: Tier 1 entrepreneur dependent application

Post by babaty2k02 » Mon Jul 11, 2016 8:31 pm

Dangerous Dragon wrote:Hello Adeel82,

If ur son got bio metrics card you should apply for his visa as well as ur dependent otherwise later they may say he overstayed , I may be wrong.
adeel82 wrote:Hello everyone,


I have tier 1 entrepreneur (50K route) extension due next month. I have a son who is 4 years 7 months old now, he was born here and we got his extension with us when we applied for entrepreneur visa. I am thinking not to apply for his extension this time as we are not planning to travel till further extension. My question is that will it have any effect on mine and my wife's application for extension if I dont apply for my son? What does the law state in such situation or is it compulsory to apply for him as well?

Kind Regards

Overstayed? But the kid was born in the UK......not sure though but I've heard of people in the same situation who did not apply when renewing the visa not until the parents are due for ILR or when the child claims British citizenship (after 10 years). I used to have a link sent to me on the rules that applies to this action, but unfortunately I couldn't find it, sorry. So, as I said I am not 100% sure

Dangerous Dragon
Member
Posts: 135
Joined: Thu Jun 09, 2016 8:26 am

Re: Tier 1 entrepreneur dependent application

Post by Dangerous Dragon » Tue Jul 12, 2016 8:02 am

Hi Babaty 2k02,

Even if baby born in UK and got Bio metrics residence permit card for his / her stay, the main applicant is responsible to apply for their dependent application along with his / her application unless they have leave to remain beyond main applicant visa validity (which is very rare ) , but if baby does not have a bio metrics resident permit card then yes the main applicant apply with out baby's application.

I asked my solicitor the same question, I have to send my 6 months old Son and wife back home before their visa expiry date as I don't want to take risk with rejections.
babaty2k02 wrote:
Dangerous Dragon wrote:Hello Adeel82,

If ur son got bio metrics card you should apply for his visa as well as ur dependent otherwise later they may say he overstayed , I may be wrong.
adeel82 wrote:Hello everyone,


I have tier 1 entrepreneur (50K route) extension due next month. I have a son who is 4 years 7 months old now, he was born here and we got his extension with us when we applied for entrepreneur visa. I am thinking not to apply for his extension this time as we are not planning to travel till further extension. My question is that will it have any effect on mine and my wife's application for extension if I dont apply for my son? What does the law state in such situation or is it compulsory to apply for him as well?

Kind Regards

Overstayed? But the kid was born in the UK......not sure though but I've heard of people in the same situation who did not apply when renewing the visa not until the parents are due for ILR or when the child claims British citizenship (after 10 years). I used to have a link sent to me on the rules that applies to this action, but unfortunately I couldn't find it, sorry. So, as I said I am not 100% sure

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zimba
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Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Tier 1 entrepreneur dependent application

Post by zimba » Tue Jul 12, 2016 11:25 am

A child born in the UK does not need BRP to stay. However if you apply for a BRP for a child, s/he becomes a dependant and you need to apply for as well BRP for her/him every time you extend. Otherwise HO will object
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

adeel82
Newly Registered
Posts: 10
Joined: Fri May 17, 2013 4:00 pm
Location: UK

Re: Tier 1 entrepreneur dependent application

Post by adeel82 » Tue Jul 12, 2016 1:10 pm

Many Thanks for replies. I have also checked with one solicitor,he says that not applying for child will not have any effect on main applicant's application. What I think (I may be wrong) is that since the child is too young, even if he overstays, he cannot be sent back based on his immigration status since he is dependent on his parents. I think you have to apply if the child has leave to remain, but if somebody has personally gone through such situation or knows someone who has will be helpful for my case.


Many Thanks again for prompt replies.


Kind Regards

babaty2k02
Member of Standing
Posts: 258
Joined: Sun Jul 28, 2013 10:34 am
Nigeria

Re: Tier 1 entrepreneur dependent application

Post by babaty2k02 » Tue Jul 12, 2016 6:07 pm

[quote="Dangerous Dragon"]Hi Babaty 2k02,

Even if baby born in UK and got Bio metrics residence permit card for his / her stay, the main applicant is responsible to apply for their dependent application along with his / her application unless they have leave to remain beyond main applicant visa validity (which is very rare ) , but if baby does not have a bio metrics resident permit card then yes the main applicant apply with out baby's application.

I asked my solicitor the same question, I have to send my 6 months old Son and wife back home before their visa expiry date as I don't want to take risk with rejections.


Just saw the link:

http://www.immigrationboards.com/uk-tie ... l#p1333948

Also,
"Entitlement to registration as a British citizen
Children born in the UK – Section 1 (3) and 1 (3A) application Section 1 (3) -

A child born in the UK whose parents are not British citizens and were not settled in the UK (see page 6) will have an entitlement to register when their parents become settled in the UK or become British citizens."


https://www.gov.uk/government/uploads/s ... r_2015.pdf

Let the experienced members help analyse these information if relevant. Thanks

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