Help needed for T1 Ent Dependent of BC.

[Mak9878]

Hi Gurus, moderators and all other members,

Hope you all are at best of your health.

To conclude to whole story. My wife is on T1 Ent dependent visa (2nd extension). Her current visa is expiring end of October 2022. Currently I have British Passport via 5 years Entrepreneur to ILR route and currently receiving part Universal Credit.

Her first brp had issue date of start of May, 2018 (collected from Post office after her arrival in UK) while her entry clearance sticker visa had issue date of start of June, 2018.

Anyways, She arrived in UK on 2nd week of June 2018 and she had 1 year T1 Ent dependent visa expiry same as my T1 Entrepreneur (main applicant) remaining period.

I applied her extension in start of June 2019 and her T1 Ent Dependent extension was approved from end of October 2019 to end of October 2022.

So she will complete 4 years, 4 months, 22 days (including the end date at the end) in end of Ocfober 2022 on T1 Entrepreneur Dependent category.

So basically, she is approximately short of 7+ months to complete 5 years on T1 Entrepreneur Dependent Category to be eligible for ILR Set-O.

Currently We have 2 years old baby boy and she is 2-3 months pregnant as well. And we are planning to give birth to 2nd baby backhome Pakistan in Start of June 2022.

Considering the current situation, I need the assistance on following questions please:

1) if she decide to give birth to 2nd baby backhome, there will be 4+ month left to her visa expiry (ending end of October 2022). What would be documents needed for 2nd baby visa/travel papers and time duration required?

2) Can new born baby get British Passport on the basis of father BC in Pakistan and how long will it take in months from Pakistan?

3) Is there any way to apply directly for ILR for my wife on the basis of discretion (on basis of Husband's and 1st Baby British Citizenship and private life here in Uk like friends and family) to save huge amount for her extension including nhs fees for 3 years + application fee for T1 Entrepreneur Dependent. Because I am currently on Part Universal Credit Benefit.

4) can she get extension for 1 year T1 entrepreneur dependent to complete five years to save some cost on application and nhs fees?




Thanks for your time and consideraton.


Regards,

Abdul

[zimba]

The fact that you are British is not relevant. She should extend under PBS dependant before leaving the UK in 2022. There is no maintenance requirement for her. Then she can leave the UK with a valid visa and return without any issues. Remember she is subject to 180 days max absence limits if she wants to go for ILR later. Baby boy will follow her mother's immigration path if he was born outside the UK and you were not British at the time of his birth.

Your newborn child will be born to a British father meaning such a child is British at birth. I suggest applying for a certificate of entitlement to the right of abode for the baby rather than a British passport as it may be much faster.

https://assets.publishing.service.gov.u ... de_ROA.pdf

[Mak9878]

The fact that you are British is not relevant. She should extend under PBS dependant before leaving the UK in 2022. There is no maintenance requirement for her. Then she can leave the UK with a valid visa and return without any issues. Remember she is subject to 180 days max absence limits if she wants to go for ILR later. Baby boy will follow her mother's immigration path if he was born outside the UK and you were not British at the time of his birth.

Your newborn child will be born to a British father meaning such a child is British at birth. I suggest applying for a certificate of entitlement to the right of abode for the baby rather than a British passport as it may be much faster.

https://assets.publishing.service.gov.u ... de_ROA.pdf

Thanks zimba for your valuable information. My 1st baby got British Passport on the basis of father had ILR before his birth.

1) So Right of Abode is kind of sticker/sticker that will be attached to passport of new born baby (if 2nd baby borns in pakistan as we have planned so I can get Pakistan Passport for baby there and ROA will attach on it.). Am I getting it right?

2)How long ROA will take time back home in months?

3) how come there is no maintainance required for my wife T1 Ent Dependent extension? Plz explain.

4) In case, my wife is unable to get ROA on time, can she get T1 Ent Dependent extension from there and what documents will be required for her including mantainance?

Thanks

Regards,

Abdul

[zimba]

1. Correct. COE sticker can be obtained for a British citizen from the UK consulate/embassy

2. I don't know. Contact the consulate back home

3. Read the Tier 1E family members guide. It is clear there
https://www.gov.uk/government/publicati ... 1-migrants

4. Your wife does NOT have the right of abode here as she is not a citizen. So this has no relevance to your wife. Your wife should extend her PBS visa before leaving the UK or else she should apply for a new PBS entry clearance from home within 28 days of the expiry of the previous one (or before visa expiry). I highly suggest extending her visa before leaving the UK as soon as you can. You may do it as early as you like

COE sticker can only be obtained for your British children

[Mak9878]

Thanks Zimba for your reply in the matter. Really appreciate.

On the point number 4, I was saying that if my wife unable get ROA sticker on time for 2nd baby which we are planning to have back home. Will she be able to apply and extend her T1 Ent dependent from back home (in case if delay happen in connection to 2nd baby ROA application back home)?.

As you said I can apply for her extension now in uk for 3 years where as she has approximate 1 year visa remaining? Is it possible I apply for my wife now and have peace of mind backhome during 2nd baby birth? And it will be more easy for me to direct apply 2nd baby BC passport backhome on the basis of father have BRitish Passport.

Will there be any negative impact on my wife extension application as T1 Ent Dependent inside UK or outside uk, and also on 2nd baby ROA application because of Benefits (part dss-Universal credit which I am having only on my name - no element on hers name)?

Waiting for your input.

Thanks

[zimba]

Applying for COE is much faster than applying for the first British passport from outside the UK. This is the gist of my advice.

British citizens are NOT subject to immigration control and so as your baby will be British, UKVI will very likely refuse any visa application for him:

People who are British citizens or who have right of abode
A person who is a British citizen, or who has right of abode in the UK cannot be
given permission to enter or stay under the Immigration Rules. This is because
under section 1(1) of the Immigration Act 1971 a person with right of abode is not
subject to immigration control.
If a person who has right of abode applies for a visit visa and you are satisfied that
they have right of abode, you should advise them that their application cannot be
considered, the application will be withdrawn, and they may want to apply for a
certificate of entitlement to right of abode or a British passport instead. The
application fee will not be refunded.

You can apply for an extension for your wife at any time. However, I suggest applying early next year.

You being on universal credit should have no effect on her application.

[Mak9878]

Applying for COE is much faster than applying for the first British passport from outside the UK. This is the gist of my advice.

British citizens are NOT subject to immigration control and so as your baby will be British, UKVI will very likely refuse any visa application for him:

People who are British citizens or who have right of abode
A person who is a British citizen, or who has right of abode in the UK cannot be
given permission to enter or stay under the Immigration Rules. This is because
under section 1(1) of the Immigration Act 1971 a person with right of abode is not
subject to immigration control.
If a person who has right of abode applies for a visit visa and you are satisfied that
they have right of abode, you should advise them that their application cannot be
considered, the application will be withdrawn, and they may want to apply for a
certificate of entitlement to right of abode or a British passport instead. The
application fee will not be refunded.

You can apply for an extension for your wife at any time. However, I suggest applying early next year.

You being on universal credit should have no effect on her application.

Thanks Zimba a lot for piece of mind.

So am I getting it right that COE=Certificate of Entitlement for Right of abode that goes inside foreign passports?

And COE is other name of Right of abode (ROA). Its valid till foreign passport ends and you cannot apply for British Passport untill that expires. Am i getting it right?

Will this COE create any issue for 2nd baby british passport application on basis of father BC when 2nd baby will arrive uk?

So I am definitely extending wife visa PBS Tier 1 Dependent in January 2022 for 3 years as no maintainance required for piece of mind.

Thanks zimba for your help in the matter and really appreciate your and CR001, Marcnath and others help throughout over 5-6 years.


Regards,

Abdul

[zimba]

COE is the name of the sticker which is proof of someone's right of abode in the UK. This is issued just for the purpose of entry to the UK for people without a British passport and endorsed in a non-British passport. COE has no expiry and will be valid even in an expired passport. I repeat again that British citizens are NOT subject to immigration controls and so if you show up at the border and can prove in any way that you are a citizen, you will be admitted without any issues

If you apply for a British passport, the home office will cancel the COE sticker

[CR001]

COE is the name of the sticker which is proof of someone's right of abode in the UK. This is issued just for the purpose of entry to the UK for people without a British passport and endorsed in a non-British passport. COE has no expiry and will be valid even in an expired passport. I repeat again that British citizens are NOT subject to immigration controls and so if you show up at the border and can prove in any way that you are a citizen, you will be admitted without any issues

If you apply for a British passport, the home office will cancel the COE sticker

Incorrect here. Coe expires with the passport and would have to be applied for again with a new passport. COE is only ever valid for the length of the passport validity.

[zimba]

Thanks a lot for the correction Char. I looked this up and found this from the guide which I will leave for reference:

A certificate of entitlement to the right of abode will cease to be valid on the date the passport or travel document to which it is attached expires. If you wish to have a certificate of entitlement placed in your new passport you will need to make a fresh application.

https://assets.publishing.service.gov.u ... de_ROA.pdf

[Mak9878]

Thanks zimba for the clarification.

I tried to confirm from Uk consulate Karachi pakistand but call was unable to connect due to busy time probably but came to know from google search that decision can be made within 6 months from date of application for COE to right of abode.

If COE to right of abode application takes over 6 months that will reset my wife time to zero due to 180 days limit for ILR and other scenario can be that she leave 2nd baby backhome after birth if application takes longer than 5 month which I believe no parents can do that.

I would appreciate suggestion if someone had applied Certificate of Entitlement to Right of Abode (COE to ROA) or British passport for oversease born children from Pakistan to have some light on this thread on processing time.

Thanks for your time and consideration in the matter.


Regards,

Abdul

[zimba]

This is the tIer 1E forum so it is not the right place. You may start a thread in the British citizenship forum regarding a COE application. COE should not take 6 months

[Mak9878]

This is the tIer 1E forum so it is not the right place. You may start a thread in the British citizenship forum regarding a COE application. COE should not take 6 months

Thanks zimba. Very good idea to open thread in BC forum.

[Mak9878]

Applying for COE is much faster than applying for the first British passport from outside the UK. This is the gist of my advice.

British citizens are NOT subject to immigration control and so as your baby will be British, UKVI will very likely refuse any visa application for him:

People who are British citizens or who have right of abode
A person who is a British citizen, or who has right of abode in the UK cannot be
given permission to enter or stay under the Immigration Rules. This is because
under section 1(1) of the Immigration Act 1971 a person with right of abode is not
subject to immigration control.
If a person who has right of abode applies for a visit visa and you are satisfied that
they have right of abode, you should advise them that their application cannot be
considered, the application will be withdrawn, and they may want to apply for a
certificate of entitlement to right of abode or a British passport instead. The
application fee will not be refunded.

You can apply for an extension for your wife at any time. However, I suggest applying early next year.

You being on universal credit should have no effect on her application.

Hi zimba,

Hope you are good and sound.

I think its right time to extend my wife T1 Ent dependent visa (pbs partner i think). As you already mentioned that there is no need of maintainance fund and she can apply anytime (visa expiry at end of october 2022).

But I am unable to find in guidance how early she can apply bit confusion in mind. Normally we have been applying no more than 28 before expiry for other application?

Plz guide..

Thanks

[zimba]

You can apply at any time before visa expiry. There has never been such a limit on how early you can apply. You apply when you are eligible for a visa

[Mak9878]

Thanks admin for unlocking thread.

Hi seniors, juniors and gurs,

Hope you all guys are doing well.

My wife is case already explained above. Basically she is short of 7+ months to complete 5 years on PBS Tier 1 Entrepreneur route to be eligible for ILR.

Her visa is expiring in the end of October 2022 and I am preparing her application from today.

I think, I can apply anytime before visa expiry on PBS route with fees and 3 years nhs cost. And there is no requirement for maintenance fund as well. Hope I am correct.

I am just confused with her proof of address or bills to prove she lives with me. I have following documents in that regard for her only, will these help?

1) Bank statement current account
2) bank statement credit card
3) Mobile bills
4)NHS and medical letters from GP
5) Council Voting and council letters
6) NI letter
7) Dvla provisional
her employer letters and payslips
9) HMRc letters regarding Maternity allowance and sick pays
10) Marriage certificate

In case of mine documents, i have same documents as well with extra one documents i.e. " Tenancy agreement" on my name only.

Could u please help on the documents mentioned above and how much and how many with gap or without gap need to be scanned for application.


Thanks

[marcnath]

Thanks admin for unlocking thread.

Hi seniors, juniors and gurs,

Hope you all guys are doing well.

My wife is case already explained above. Basically she is short of 7+ months to complete 5 years on PBS Tier 1 Entrepreneur route to be eligible for ILR.

Her visa is expiring in the end of October 2022 and I am preparing her application from today.

I think, I can apply anytime before visa expiry on PBS route with fees and 3 years nhs cost. And there is no requirement for maintenance fund as well. Hope I am correct.

I am just confused with her proof of address or bills to prove she lives with me. I have following documents in that regard for her only, will these help?

1) Bank statement current account
2) bank statement credit card
3) Mobile bills
4)NHS and medical letters from GP
5) Council Voting and council letters
6) NI letter
7) Dvla provisional
her employer letters and payslips
9) HMRc letters regarding Maternity allowance and sick pays
10) Marriage certificate

In case of mine documents, i have same documents as well with extra one documents i.e. " Tenancy agreement" on my name only.

Could u please help on the documents mentioned above and how much and how many with gap or without gap need to be scanned for application.


Thanks

These are all fine. You don't need all of them. Just pick one or two dated every three months or so.

[Mak9878]

Thanks Marcnath for your prompt reply.

Is there need to include messenger or whatsapp communications screenshot? I belive thats for the first time entry clearance from outside uk?

So I should show her and mine cohabitation documents from last granted visa/leave to remain?

Am i correct?


Thanks?

[marcnath]

Thanks Marcnath for your prompt reply.

Is there need to include messenger or whatsapp communications screenshot? I belive thats for the first time entry clearance from outside uk?

So I should show her and mine cohabitation documents from last granted visa/leave to remain?

Am i correct?


Thanks?

Yes, no need for messenger/whatsapp communication.

In fact, the cohabitation requirement is more for ILR than for extension and it is for the past two years

[Mak9878]

Thanks Marcnath.

Really apprecaite.

[Mak9878]

Hi Marcnath,

I am stuck at SOC code (shortage occupation code list
https://www.gov.uk/government/publicati ... ccupations - in start of form where it is asking the person to join details from applicant filling form).

At the moment, I am working as IT Field Engineer.

And my tier 1 entrepreneur visa was granted back in 2014 as Management Consultant - 423 (I used skilled worker code as far i remember) from this link https://www.gov.uk/government/publicati ... -and-codes.

But here it is asking shortage occupation code.

Could you please guide me on that.

Thanks

[zimba]

SOC does not mean shortage occupation code It stands for Standard Occupational Classification
Enter an SOC code that is close to what your skills are: https://www.gov.uk/government/publicati ... -and-codes

[Mak9878]

SOC does not mean shortage occupation code It stands for Standard Occupational Classification
Enter an SOC code that is close to what your skills are: https://www.gov.uk/government/publicati ... -and-codes

Thanks zimba for clarifying. But which one is best to enter i.e. Management Consultant (2423) pertaining to initial and extension Tier 1 entrepreneur application whereas business is already closed 2 years ago.
OR
At the moment I m working as IT Field Engineer in Asset Management Team. So the close one I can see is 2135 (IT business analysts, architects and systems designers – all jobs) and 2139 (Information technology and communications professionals not elsewhere classified – only cyber security specialists) taken from this shortage occupation code list at https://www.gov.uk/guidance/immigration ... ation-list,

I can see these other from your given skilled workers soc list:

5245 IT engineers Computer repairer
Computer service engineer
Hardware engineer (computer)
Maintenance engineer (computer servicing)

3131 IT operations technicians Computer games tester
Database administrator
IT technician
Network administrator
Systems administrator

3132 IT user support technicians Customer support analyst
Help desk operator
IT support technician
Systems support officer

2135 IT business analysts, architects and systems designers Business analyst (computing)
Data communications analyst
Systems analyst
Systems consultant
Technical analyst (computing)
Technical architect

2139 Information technology and telecommunications professionals not elsewhere classified IT consultant
Quality analyst (computing)
Software tester
Systems tester (computing)
Telecommunications planner

My concern is that what if they consider application on the basis of Tier 1 Entrepreneur and they might not be interested with current soc. And may refuse application or so.

Plz share what is your view.

Thanks

[marcnath]

This is a Dependent application. I would say the SOC is rather irrelevant here. Don't worry too much about it - it is probably there because the form is the same for all the various visa types. In the paper form days, this was not even a question for Tier 1 Entrepreneurs or their dependants

[Mak9878]

This is a Dependent application. I would say the SOC is rather irrelevant here. Don't worry too much about it - it is probably there because the form is the same for all the various visa types. In the paper form days, this was not even a question for Tier 1 Entrepreneurs or their dependants

Thanks Marcnath,

I just entered my details where it ask in the form "The person you are joining or accompanying in the UK" that I am british citizen, NI and Home office reference number.

Then again asking the visa for sponsor where I can see Tier 1 Entrepreneur and provide BRP. it shouldn't be asking after entering the british citizen earlier.

Does anyone else have same issue.