Set (O) Dependents Nationality Application

[umair144144]

I am on T1 Ent 50K visa route since June 2013, I have completed my 6 years on this visa now. My current leave is expiring in Sept 2019. I am eligible to apply for ILR which I did in May 19.
I have 3 dependents, Wife and 2 Kids.
My kids born in UK and I read online the guidance that children born in UK whose one parent get ILR can apply for nationality.
My kids visa is also expiring in Sept 19 as they are my dependent.
My question is that if I don’t get my visa by Sept then will my kids be classed as over stayed and will they not be eligible to apply for Nationality once I receive my ILR OR will there be any further complications, I have seen other people’s time lines and it looks like I need to wait at least 6 months to get ILR decision which means by the end of OCT I will get my ILR where as my kids leave is expiring in Sept.

[CR001]

My question is that if I don’t get my visa by Sept then will my kids be classed as over stayed and will they not be eligible to apply for Nationality once I receive my ILR

No. A UK born child has an entitlement to register as British. A valid visa is not required. The good character requirement also applies to children who are 10 or older.

OR will there be any further complications,

No.

[umair144144]

One last question, My wife is on PBS dependent visa and now eligible to apply for ILR, my application for ILR is already pending at Home office, can my wife apply for ILR and write a comment to online application form stating that my husbands application Reference no is XYZ and he has applied for ILR so please attach my application to my husband, will that work

[umair144144]

I have read online someone comment stating that :

From 29th March 2019 two additional things are needed:
1) Director job/role description
2) Employee job role description

I have applied for ILR in May but i have not included anything like that, is that compulsory as when making the application i did not see this thing.

[CULLINAN]

One last question, My wife is on PBS dependent visa and now eligible to apply for ILR, my application for ILR is already pending at Home office, can my wife apply for ILR and write a comment to online application form stating that my husbands application Reference no is XYZ and he has applied for ILR so please attach my application to my husband, will that work

Once you will fill out the online form under Tier 1 dependent category for SET(O), your wife will input your details anyways. Also, you should write a cover letter to explain and state to hold her application until a decision is made on your application. Her application will be decided after your ILR decision anyways.

[CULLINAN]

I have read online someone comment stating that :

From 29th March 2019 two additional things are needed:
1) Director job/role description
2) Employee job role description

I have applied for ILR in May but i have not included anything like that, is that compulsory as when making the application i did not see this thing.

That someone is me.

Yes it is mandatory after 29th March 2019. You should have read the guidance properly. You should send the above info to HO asap. Anything sent before the decision is made will be considered. Best not to take any risks.

[umair144144]

Is there any Specific format or do i just need to write a letter, can you please advise?

[CULLINAN]

Is there any Specific format or do i just need to write a letter, can you please advise?

Read the guidance, state the info on an A4 sheet or a cover letter. As long as you provide the info as per the new rules it should be okay. There is no format.

[umair144144]

Can i ask, is home office conduction interviews again on ILR applications, i haven't heard about this, i know they conducted interviews on tier 1 visa extension stage but i am not aware of any case where a person has applied for ILR and home office has conducted interview? does any one know abut any case ?

[CULLINAN]

Can i ask, is home office conduction interviews again on ILR applications, i haven't heard about this, i know they conducted interviews on tier 1 visa extension stage but i am not aware of any case where a person has applied for ILR and home office has conducted interview? does any one know abut any case ?

Maybe you need to search this forum properly then. Many members have reported interviews at ILR stage. It is a recent trend. A couple members were also interviewed even though they were interviewed at extension stage also.
So yes, its a very much possibility that may happen.

[umair144144]

I have read online someone comment stating that :

From 29th March 2019 two additional things are needed:
1) Director job/role description
2) Employee job role description

I have applied for ILR in May but i have not included anything like that, is that compulsory as when making the application i did not see this thing.

That someone is me.

Yes it is mandatory after 29th March 2019. You should have read the guidance properly. You should send the above info to HO asap. Anything sent before the decision is made will be considered. Best not to take any risks.

I have read the guidance, what i understood is that this requirement is for mainly new business, can you please shed some light on this?

[CULLINAN]

I have read online someone comment stating that :

From 29th March 2019 two additional things are needed:
1) Director job/role description
2) Employee job role description

I have applied for ILR in May but i have not included anything like that, is that compulsory as when making the application i did not see this thing.

That someone is me.

Yes it is mandatory after 29th March 2019. You should have read the guidance properly. You should send the above info to HO asap. Anything sent before the decision is made will be considered. Best not to take any risks.

I have read the guidance, what i understood is that this requirement is for mainly new business, can you please shed some light on this?

uk-tier-1-entrepreneur-visas/tier-1-ent ... 69650.html

[umair144144]

one more question please, i have applied for ILR in May, i have 2 employees but one of them is leaver, both have completed 12 months employment so will there be any issue ?
do i need to hire a new employee now and inform Home office that i have a replacement?
I have not done it yet becz the requirement was 12 months employment

[umair144144]

can someone please answer my above question?

[CULLINAN]

one more question please, i have applied for ILR in May, i have 2 employees but one of them is leaver, both have completed 12 months employment so will there be any issue ?
do i need to hire a new employee now and inform Home office that i have a replacement?
I have not done it yet becz the requirement was 12 months employment

There is no requirement for employees to be present at the date of ILR application or even after. As long you have met the 12 months of employment requirement that is all what is needed. You dont need to inform HO anything! Hiring is solely based on your business needs. There are members who have been successfully granted ILR with zero employees at the date of application also.

However, if an interview occurs, you will have to justify your business decisions for example if you have zero employees at that point in time. If everything is genuine you should not have any problems to justify your decisions.

[umair144144]

Thank you for your reply, i have employees but they are Europeon and becz i have fulfilled the requirements now for 2 full time British employees so when one left i just hired anyone available so the one i have is a Europeon, If there is a any interview than i will present him. I guess there should not be any objections.

[CULLINAN]

Thank you for your reply, i have employees but they are Europeon and becz i have fulfilled the requirements now for 2 full time British employees so when one left i just hired anyone available so the one i have is a Europeon, If there is a any interview than i will present him. I guess there should not be any objections.

As said before, its entirety upto your business needs who you hire or not. No problem in that.

Btw the requirement is settled worker. Not only british but EU citizens are also classified as settled for Tier 1 employment criteria.