ILR for Tier 1 dependents

[Camel555]

Apologies if i am posting this in a wrong thread:

I recently got my ILR under Tier 1 E 200K route, before i got my ILR i got my dependents pbs dependent visa which expires in Jan 2025, although they came to UK but did not live there and went back, I am hopeful that they will be back before their visa expires

May I please ask, which route would they get their next extension under, can mods guide me to the right link to apply for the extension

will they be now treated as family dependent?

if not, what will be there visa extension requirements in terms of maintenance etc?

how long their next extension be valid for?

if they dont come back to UK and apply again to entre UK AFTER their visa expires, what route will i be applying under as i now have ILR

thank you

[zimba]

The fact that you got ILR is not that important for their extension. They can extend their current visa in the UK as Tier 1 dependants and that will be for 3 years. The links are on this page: https://www.gov.uk/tier-1-entrepreneur/family-members

If their visa expires while outside the UK and they do not apply in time, then they must apply under the family route and their 5-year ILR clock will reset to zero. This is not advised

[Camel555]

Thanks Zimba, as always appreciate your reply

On the link of tier 1 family members page, there is no mention of funds maintenance requirements for the extension applications if I am not missing anything. The 1890£ each dependent is for initial application or is it for the extension as well?

And if my family is not in Uk now but get back in Uk and apply for the extension before expiry, do you think it will matter that they were not in Uk for longer period during their initial leave ?

Also will I have to get criminal certification if we apply their extension from inside UK considering although they had the visa but they spent more than 180 days outside uk ?

[zimba]

On the link of tier 1 family members page, there is no mention of funds maintenance requirements for the extension applications if I am not missing anything. The 1890£ each dependent is for initial application or is it for the extension as well?

There is no such requirement for an extension

And if my family is not in Uk now but get back in Uk and apply for the extension before expiry, do you think it will matter that they were not in Uk for longer period during their initial leave ?

That does not affect the extension

Also will I have to get criminal certification if we apply their extension from inside UK considering although they had the visa but they spent more than 180 days outside uk ?

No

[boraoo111222]

Thanks Zimba, as always appreciate your reply

On the link of tier 1 family members page, there is no mention of funds maintenance requirements for the extension applications if I am not missing anything. The 1890£ each dependent is for initial application or is it for the extension as well?

And if my family is not in Uk now but get back in Uk and apply for the extension before expiry, do you think it will matter that they were not in Uk for longer period during their initial leave ?

Also will I have to get criminal certification if we apply their extension from inside UK considering although they had the visa but they spent more than 180 days outside uk ?

Hi

I have read all of your posts, I believe that I have very similar case.

Could you kindly please share: what kind of information to provide for Covid absence (only flight cancel/ policy restricted as evidence?) and what kind of additional documents was requested by HO?

Thank you so much

Best regards

[Camel555]

yes the evidene submited was mostly relates to travel chaos during those days, flights cancellation confirmation from the airline etc

HO asked for additional info like 3 years bank statements, my own job contract, hmrc registeration welcome letter etc

most of the evidence was already submitted but they still asked which we provided

[boraoo111222]

yes the evidene submited was mostly relates to travel chaos during those days, flights cancellation confirmation from the airline etc

HO asked for additional info like 3 years bank statements, my own job contract, hmrc registeration welcome letter etc

most of the evidence was already submitted but they still asked which we provided

Thank you so much for your reply, HO ask me send additional documents to workflowwns@homeoffice.gov.uk is this same email you sent before?

[Camel555]

yes i think so

[boraoo111222]

yes i think so

Thank you, already sent additional documents almost two months...still waiting...

[Camel555]

good luck, my decision took 3 months approx since we sent additional docs, but HO asked for my additional docs very quickly after the biometrics, i think in about 15 days

[Camel555]

The fact that you got ILR is not that important for their extension. They can extend their current visa in the UK as Tier 1 dependants and that will be for 3 years. The links are on this page: https://www.gov.uk/tier-1-entrepreneur/family-members

If their visa expires while outside the UK and they do not apply in time, then they must apply under the family route and their 5-year ILR clock will reset to zero. This is not advised

HI Zimba/experts

Just wanted to ask a litle more on the highlighted part of your message above, i read in the guidelines 'Dependent Family memebers' that the dependents will always be processed on the type of visa the original visa holder who now either has ILR or citizenship

so my question is, if my family doesnt continue their residence now, and apply for the visa again in few years, what requirement will they be asked? PBS dependent? correct?

[zimba]

If the lead applicant has obtained settlement or British citizenship through any route,
other than UK Ancestry, covered by this guidance, a dependant can apply for
permission to stay, or settlement if they qualify, as a dependant on the economic
route, provided they held permission as the lead applicant’s dependant before the
lead applicant settled. This does not apply to children born in the UK before the lead
applicant settled.

This seems to apply to extension and settlement only, not entry clearance

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

[Camel555]

didnt see tier 1 entrepreneur for the mentioned guideline, if i a not missing anything

Zimba i had been going throigh the following link for the guideline

https://www.gov.uk/government/publicati ... 1-migrants

whihc guide is more relevant to me in your opinion?

[zimba]

If the lead applicant obtains settlement or British
citizenship before their partner has completed their 5 year qualifying period, the
partner can still apply for further leave to remain as their dependant rather than as
the partner of a settled person. If their application meets the requirements, leave to
remain can be granted for up to 3 years.

You are correct that the guide you quoted applies to Tier 1 dependants. But again, there is no mention of entry clearance. This is in line with my original advice above.

[Camel555]

thanks for the reply sir, pls see below quote from the pbs dependent guide:

Key facts
This page tells you about who can apply under this route and what their conditions of
grant will be.
An applicant can apply as the dependant family member of a lead applicant if they:
• are the family member of a person with, or applying for, permission under Tier 1
(Entrepreneur) or Tier 1 (Investor)
• do not yet qualify for settlement but their spouse or partner has settled on the
basis of holding permission as, or obtained British citizenship having last had
permission as, a Tier 1 (Entrepreneur) or Tier 1 (Investor) migrant
• are the child of a person who has settled on the basis of holding permission as,
or who obtained British citizenship having last had permission as, a Tier 1
(Entrepreneur) or Tier 1 (Investor) and their other parent does not yet qualify for
settlement
• are the child of a person who has settled on the basis of holding permission as
a Tier 1 (Entrepreneur) or Tier 1 (Investor) and that person has sole
responsibility for the child

Under immigration rules it states:

319 C.
b iii
The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:

Pls share your opinion

[zimba]

When the lead applicant has settled or has become British, provisions (iii) and (iv) only apply where the applicant is applying for further leave to remain (or if has been refused ILR)

319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant or Appendix W Worker, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker: or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules; or
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant or Appendix W Worker and where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker, or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

https://www.gov.uk/guidance/immigration ... ly-members

[Camel555]

When the lead applicant has settled or has become British, provisions (iii) and (iv) only apply where the applicant is applying for further leave to remain (or if has been refused ILR)

319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant or Appendix W Worker, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker: or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules; or
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant or Appendix W Worker and where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker, or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

https://www.gov.uk/guidance/immigration ... ly-members

Yes Zimaba, I have ILR now based on tier 1, so point iii should refer to me as ILR holder

hope i am making sense

[zimba]

where the applicant is applying for further leave to remain

The applicant refres to your dependant, not you

[Camel555]

Sir pls see below line

b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

In above line, the applicant is my spouse, and the ‘person who’ is myself

To best of my understanding, applicant can apply to extend or entre based on pbs rules if I have obtained ILR

[zimba]

If you are the person described under (i) or (ii), then both entry clearance and extension are possible for your spouse/dependant
If you are the person described under (iii) or (iv), then only an extension is possible for your spouse/dependant. This is because the applicant (your spouse) must be applying for further leave to remain (i.e. extension) as I highlighted above

I highlighted the part I am referring to, below:

(iii) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker: or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another