ILR Application for Spouse and Children completing 5 years later than Tier 1 Entrepreneur Main Applicant

[syed369]

I am Completing my 5 years in March 2019 whereas my Spouse and children are completing in July 2020.If I apply ILR in March 2019 what will happen to my Spouse and children visa status?
Can my Spouse and children switch to Spouse visa of Settled resident (WITHOUT RESETTING THE 5 YEAR continuous resident period) once I successfully obtain ILR?

[CR001]

Can my Spouse and children switch to Spouse visa of Settled resident (WITHOUT RESETTING THE 5 YEAR continuous resident period)

No.

If you get ILR based on PBS route, your dependents can continue as PBS Dependents. There is NO requirement for them to switch visas in this case.

[syed369]

Kindly advise will they apply for ILR or 2nd Extension once their current grant expires in march 2020 and they complete 5 year for ILR in July 2020?

[syed369]

Can my Spouse and children switch to Spouse visa of Settled resident (WITHOUT RESETTING THE 5 YEAR continuous resident period)

No.

If you get ILR based on PBS route, your dependents can continue as PBS Dependents. There is NO requirement for them to switch visas in this case.

Kindly advise will they apply for ILR or 2nd Extension once their current grant expires in march 2020 and they complete 5 year for ILR in July 2020?

[CR001]

What date was their first PBS Dependent visa issued??

It is usually useful to state all the important information if you expect useful advice from an internet forum.

[syed369]

What date was their first PBS Dependent visa issued??

It is usually useful to state all the important information if you expect useful advice from an internet forum.

the first visa was issued Feb 2015
first entry to UK July 2015
extension issued March 2018-
Extension expiring March 2020
ILR can be applied completion of 5th year July 2020

Main Applicant first visa was issued Feb 2014
First entry to Uk March 2014
Extension issued March 2018
Extension Expiry March 2020
Therefore ILR at completion of 5 year March 2019

[CR001]

Dependents qualifying period starts from date of visa issue in Feb 2015.

[syed369]

Dependents qualifying period starts from date of visa issue in Feb 2015.

What about life in the UK test and English test does my spouse need to qualify as well?

will it be possible to refer to Appendix or rule written to convince my immigration solicitor where it says that dependents qualify from visa issuance date and not completing 5 years for ILR.

[CR001]

What about life in the UK test and English test does my spouse need to qualify as well?

Yes, this is mandatory for ILR. Must be English B1 from an HO approved test provider.

Re qualifying from visa start date, I would be concerned if your 'solicitor' wasn't aware of the changes in the rules that came into affect in January this year, see link below. Note, that a solicitor is not required for ILR and has no influence on your application.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

[syed369]

What about life in the UK test and English test does my spouse need to qualify as well?

Yes, this is mandatory for ILR. Must be English B1 from an HO approved test provider.

Re qualifying from visa start date, I would be concerned if your 'solicitor' wasn't aware of the changes in the rules that came into affect in January this year, see link below. Note, that a solicitor is not required for ILR and has no influence on your application.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Thank you for your clarification and support ,

Fingers crossed We will all apply together for ILR .

[syed369]

What about life in the UK test and English test does my spouse need to qualify as well?

Yes, this is mandatory for ILR. Must be English B1 from an HO approved test provider.

Re qualifying from visa start date, I would be concerned if your 'solicitor' wasn't aware of the changes in the rules that came into affect in January this year, see link below. Note, that a solicitor is not required for ILR and has no influence on your application.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Thank you for your clarification and support ,

Fingers crossed We will all apply together for ILR .

Re My initial grant for T1 Entrepreneur 200k was issued Feb 2014
Extension issued March 2018
The attribute for ILR for 2 full-time employees for 12 months started July 2018
When can I apply for ILR as Main Applicant?

[CULLINAN]

What about life in the UK test and English test does my spouse need to qualify as well?

Yes, this is mandatory for ILR. Must be English B1 from an HO approved test provider.

Re qualifying from visa start date, I would be concerned if your 'solicitor' wasn't aware of the changes in the rules that came into affect in January this year, see link below. Note, that a solicitor is not required for ILR and has no influence on your application.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Thank you for your clarification and support ,

Fingers crossed We will all apply together for ILR .

Re My initial grant for T1 Entrepreneur 200k was issued Feb 2014
Extension issued March 2018
The attribute for ILR for 2 full-time employees for 12 months started July 2018
When can I apply for ILR as Main Applicant?

You are eligible to apply from Feb 2019 but you do not qualify for job creation until July 2019.

So earliest if you apply in July 2019, you need 2 FT JOBS that have existed for 12 months each AFTER March 2018 (July 2018 - July 2019) in your case.

[syed369]

Yes, this is mandatory for ILR. Must be English B1 from an HO approved test provider.

Re qualifying from visa start date, I would be concerned if your 'solicitor' wasn't aware of the changes in the rules that came into affect in January this year, see link below. Note, that a solicitor is not required for ILR and has no influence on your application.

uk-tier-1-general-dependent-visas/ilr-t ... l#p1583820

Thank you for your clarification and support ,

Fingers crossed We will all apply together for ILR .

Re My initial grant for T1 Entrepreneur 200k was issued Feb 2014
Extension issued March 2018
The attribute for ILR for 2 full-time employees for 12 months started July 2018
When can I apply for ILR as Main Applicant?

You are eligible to apply from Feb 2019 but you do not qualify for job creation until July 2019.

So earliest if you apply in July 2019, you need 2 FT JOBS that have existed for 12 months each AFTER March 2018 (July 2018 - July 2019) in your case.

Thank you