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Hi guys,

I need help with the best option available for my dependants if I qualify for ILR (10 Year route) before them. Please see my history:
1. 13th January 2009 - I secured a Student visa.
2. 8th February 2009 to 26 February 2009 - Came to UK , deferred my admission and returned home.
3. 28th September 2009 - Returned to the UK and commenced my studies
4. 4th July 2010 - My family ( Wife and Daughter) arrived the UK on Tier 4 Dependant Visa.
5. 11th April 2014 - I switched, with them, to Tier 1 Entrepreneur after Post-study.
6. 10th November, 2017 - Got extension for my Tier 1 Entrepreneur which will expire on 10th November 2019.

Clearly, I have 2 good options here for my ILR; Either (a)- Apply in April 2019 after 5 Years on Tier 1 OR (b)- Apply in September 2019 after 10 Years Long Residency.
I)- If I choose option (a), I will be fine BUT I may not be ready for the kind of waiting anxiety and undeserved tension I went through (April 2017-November 2017)during my extension application.
II)- So, I am looking at option (b) which is looking more straightforward to me. And this is exactly where I have a problem and need help.

By September 2019, when I will qualify for 10-year route, my dependants will still need about 10 more months to qualify.
What is the best way to handle the 10 year route so that it doesn't affect my dependants ILR in July 2020? I had come across somewhere in this forum (Not sure where exactly) that if I apply via Long Residency in 2019, my family will be switched to Dependants of settled Person and their counting will start afresh until another 5 years. I DON'T want this to happen. Please help out guys.
Thank you guys in anticipation of your valuable advice, suggestion or help.

Apply in April 2019 under Tier 1E for ILR. All you and your dependents will be eligible for ILR at the same time.
You all will very likely get your ILRs before Sep 2019

Thanks for your prompt response.
If one chooses to ignore the 5-year in favour of the 10-year route, how will that affect my dependants 10-year ILR route? And if negative, any possible mitigation(s)?

Kadibia28 wrote: ↑

Thu Nov 23, 2017 6:28 pm

Thanks for your prompt response.
If one chooses to ignore the 5-year in favour of the 10-year route, how will that affect my dependants 10-year ILR route? And if negative, any possible mitigation(s)?

It won't. If they qualify for ILR based on long residence, then they can apply. This will be completely independent of your status.

CR001 wrote: ↑

Thu Nov 23, 2017 7:33 pm

Kadibia28 wrote: ↑

Thu Nov 23, 2017 6:28 pm

Thanks for your prompt response.
If one chooses to ignore the 5-year in favour of the 10-year route, how will that affect my dependants 10-year ILR route? And if negative, any possible mitigation(s)?

It won't. If they qualify for ILR based on long residence, then they can apply. This will be completely independent of your status.

The problem is that by November 2017 when their current visa will expire, they will still need extra 8 to qualify for 10 year route even though I, the principal, must have achiieved my 10 year by September 2017.

Kadibia28 wrote: ↑

Thu Nov 23, 2017 8:04 pm

The problem is that by November 2017 when their current visa will expire, they will still need extra 8 to qualify for 10 year route even though I, the principal, must have achiieved my 10 year by September 2017.

If you apply for ILR based on Tier 1 and 5 years residence, they can extend their visas as PBS Dependents (provided your ILR is successful).

If you apply for ILR based on long residence, they can apply on FLR(M) and this will also count towards their 10 years long residence.

CR001 wrote: ↑

Thu Nov 23, 2017 9:14 pm

Kadibia28 wrote: ↑

Thu Nov 23, 2017 8:04 pm

The problem is that by November 2017 when their current visa will expire, they will still need extra 8 to qualify for 10 year route even though I, the principal, must have achiieved my 10 year by September 2017.

If you apply for ILR based on Tier 1 and 5 years residence, they can extend their visas as PBS Dependents (provided your ILR is successful).

If you apply for ILR based on long residence, they can apply on FLR(M) and this will also count towards their 10 years long residence.

Many thanks. I appreciate

zimba88 wrote: ↑

Thu Nov 23, 2017 12:48 am

Apply in April 2019 under Tier 1E for ILR. All you and your dependents will be eligible for ILR at the same time.
You all will very likely get your ILRs before Sep 2019

Hi,
Please help with these questions, please:
1. If peradventure the ILR (Tier 1E) is refused, will that nullify my existing Tier 1E Extension which is due to expire on 10th November 2019? Or will the Home Office allow the visa to run out? Also, what'll be the fate of my dependent? I plan to apply alone first, and apply for my dependant if mine succeeds.
2. I am planning to use only part-time workers. Thinking of 4 Part-time workers for 12 months or 6 months. I'm confused here, please. My Initial Tier 1E was granted on April 10 2014.

Many thanks.

1. If peradventure the ILR (Tier 1E) is refused, will that nullify my existing Tier 1E Extension which is due to expire on 10th November 2019? Or will the Home Office allow the visa to run out? Also, what'll be the fate of my dependent? I plan to apply alone first, and apply for my dependant if mine succeeds.

No, it will not nullify your existing valid visa. No effect on your dependents provided they have valid leave to remain.

Kadibia28 wrote: ↑

Thu Nov 23, 2017 6:28 pm

Thanks for your prompt response.
If one chooses to ignore the 5-year in favour of the 10-year route, how will that affect my dependants 10-year ILR route? And if negative, any possible mitigation(s)?

If you choose to apply via LR route instead of 5 year T1 E, you should still expect HO to ask you questions about your business activities.

Zimba wrote: ↑

Thu Nov 23, 2017 12:48 am

Apply in April 2019 under Tier 1E for ILR. All you and your dependents will be eligible for ILR at the same time.
You all will very likely get your ILRs before Sep 2019

Hi guys,

Applying for my ILR next April for myself and 2 dependants will cost me £7167 and I may not be able to spend such amount in one fell swoop. Since our current visas are valid until November 2019, I'm considering making only my application first in April 2019. That of my spouse and child to follow afterwards in that order but definitely before November 2019.
My worry is that I'm not sure if their current visas which is valid until November 2019 will remain valid assuming I'm successful with my ILR. I need your contributions here, please.
Many thanks

Yes. Dependants’ leave remain valid until expiry, unless curtailed. Being granted ILR under PBS is not a ground for curtailing dependants’ leave.