T1 Ent Dependent Query

[rajrea]

Hi All,

I have successfully extended my Tier 1 Entrepreneur as a team 50k route.
My initial grant was on Jan 2014 - now we got extension till April 2019

My team member and me are eligible for ILR T1 Ent 5 year route in Jan 2019.

As my team member applying for ILR with SET (O), What Application form his wife needs to apply as she was on Tier 1 Ent dependent from June 2017 .

Does she needs to apply as ILR dependent if so what application form is it FLR (M) ?
What are the mandatory requirements like English , Financial Documents ...?

Any members or seniors please let me know in above scenario... Thanks in Advance..

[marcnath]

As my team member applying for ILR with SET (O), What Application form his wife needs to apply as she was on Tier 1 Ent dependent from June 2017 .

Does she needs to apply as ILR dependent if so what application form is it FLR (M) ?
What are the mandatory requirements like English , Financial Documents ...?

Assuming, his wife has met the 5 year requirement, she would just be included in the main applicant's SET (O). No separate form needed. Do not use the FLR(M) - that will reset the 5 year clock.
Main requirements for her are language, LIUK, cohabitation proof.

[CR001]

She can continue to extend her PBS dependent visa shortly before it expires until she reaches 5 years residence for ILR on Set(O).

[marcnath]

She can continue to extend her PBS dependent visa shortly before it expires until she reaches 5 years residence for ILR on Set(O).

Good point - I overlooked that she has been here only from June 2017. So she would use the normal PBS dependant form to renew until she qualifies

[rajrea]

CR001 wrote: ↑Mon Mar 26, 2018 7:09 pm
She can continue to extend her PBS dependent visa shortly before it expires until she reaches 5 years residence for ILR on Set(O).

Good point - I overlooked that she has been here only from June 2017. So she would use the normal PBS dependant form to renew until she qualifies

Hi CR001 and Marcnath,

As my team member is applying for ILR - can she apply for PBS dependent ? technically her husband visa status is changing does it not be a problem ?

By the way what are differences in ILR dependent and PBS dependent just the visa fee ?

[CR001]

Yes, the rules permit PBS dependents to continue extending as PBS dependents till they qualify for ILR.

ILR dependent (no actual visa by this name) is a spouse of settled person visa on FLR(M) and as Marc athletic has said, if she applies using this form, her clock towards ILR is reset zero and a new 2 x 2.5 year visa route to ILR.

[marcnath]

CR001 wrote: ↑Mon Mar 26, 2018 7:09 pm
She can continue to extend her PBS dependent visa shortly before it expires until she reaches 5 years residence for ILR on Set(O).

Good point - I overlooked that she has been here only from June 2017. So she would use the normal PBS dependant form to renew until she qualifies

Hi CR001 and Marcnath,

As my team member is applying for ILR - can she apply for PBS dependent ? technically her husband visa status is changing does it not be a problem ?

By the way what are differences in ILR dependent and PBS dependent just the visa fee ?

From the PBS Dependant guidance

You can apply for limited leave to remain as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain

Underline portion is the one that applies to your team member

[rajrea]

From the PBS Dependant guidance

You can apply for limited leave to remain as a PBS Dependant if you meet the criteria set out in this guidance and the Immigration Rules and you are:
• the family member of a person with, or applying for, leave under Tier 1, 2, 4 or 5 of the Points Based System; or
• the spouse or partner of a person with indefinite leave to remain or British Citizenship who last held leave in Tier 1, 2, or 5 of the Points Based System and you do not yet qualify for indefinite leave to remain

Underline portion is the one that applies to your team member

Thanks Marcnath....for clear answer

[Manha]

I have the same situation. I am going to apply for ILR. My wife going to apply pbs dependent.

1. We want to apply same time but we have only one copy of original documents. I have to send my file to Durham ILR department and she need to send different place. What should we do ? Please help me.

[zimba]

One SET(O) form for all. Send all to SET(O) address

[CR001]

One SET(O) form for all. Send all to SET(O) address

Think poster above asking about ILR and PBS Dependent application which goes to different departments.