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ILR for Dependents in Tier 1 Enterpreneur visa

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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np_7777
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Joined: Fri Nov 30, 2018 10:58 am
India

ILR for Dependents in Tier 1 Enterpreneur visa

Post by np_7777 » Sat Dec 08, 2018 3:37 pm

Hi,

I am planning to apply for Tier 1 Enterpreneur visa and wanted to check on a possible complication in future.
I plan to apply in early 2019 and if granted visa plan to start business in April 2019 in UK. As year 1 is going to be uncertain as well as hectic, i wanted to defer moving my wife and daughter till March 2020 (though they will enter UK once and go back to India).

Would this cause complications for ILR post 5 years ? Since they would not be in UK for more than 180 days in year one, their 5 years will not complete before the expiry of my Tier 1 visa of 5 years and 4 months.

Any inputs on this will be much appreciated.

Thanks in advance

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Casa
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United Kingdom

Re: ILR for Dependents in Tier 1 Enterpreneur visa

Post by Casa » Sat Dec 08, 2018 6:13 pm

np_7777 wrote:
Sat Dec 08, 2018 3:37 pm
Hi,

I am planning to apply for Tier 1 Enterpreneur visa and wanted to check on a possible complication in future.
I plan to apply in early 2019 and if granted visa plan to start business in April 2019 in UK. As year 1 is going to be uncertain as well as hectic, i wanted to defer moving my wife and daughter till March 2020 (though they will enter UK once and go back to India).

Would this cause complications for ILR post 5 years ? Since they would not be in UK for more than 180 days in year one, their 5 years will not complete before the expiry of my Tier 1 visa of 5 years and 4 months.

Any inputs on this will be much appreciated.

Thanks in advance
You may want to read through the information in the link below regarding the scrapping of the Tier 1 Entrepreneur route, probably in April 2019. :idea:

uk-tier-1-entrepreneur-visas/tier-1-ent ... 69650.html
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

np_7777
Newly Registered
Posts: 27
Joined: Fri Nov 30, 2018 10:58 am
India

Re: ILR for Dependents in Tier 1 Enterpreneur visa

Post by np_7777 » Sun Dec 09, 2018 5:27 pm

We are planning to apply early 2019 before the new rules. Our is a genuine case of moving a running successful business to UK. So we will go ahead with the application. But how it impacts our spouses is also an important consideration to move forward

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: ILR for Dependents in Tier 1 Enterpreneur visa

Post by Casa » Sun Dec 09, 2018 7:51 pm

Your dependents are permitted no more than 180 consecutive days outside the UK within the 5 year period,

If they remain outside of the UK for more than 180 days, when they re-enter the UK the 5 year qualifying period will be reset to zero.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

np_7777
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Posts: 27
Joined: Fri Nov 30, 2018 10:58 am
India

Re: ILR for Dependents in Tier 1 Enterpreneur visa

Post by np_7777 » Mon Dec 10, 2018 5:48 am

So what happens in this scenario :-

1. I come in 2019, complete 5 years in 2024 and get ILR
2. My dependents don't spent 180 days in 2019, but start spending > 180 days from 2020 onwards. So in 2024, they are not eligible for ILR and the 5 years 4 months visa period also gets over. So they get any other extension based on my ILR to stay back OR they have no option but to leave the country.

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