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Tier 1 Entrepreneur to ILR
Posted: Tue Apr 17, 2018 11:50 pm
by NEXTSTEPUK
Dear All ,
My 10 years long residency is going to complete on 7 September 2018 without any 180 days absence .
AND
My Tier 1 Entrepreneur 5 Years are going to complete on 28 October 2018
In both above cases i can fulfill all the requirement.
Question:
I have 3 dependents who are living with me as Tier 1 Entrepreneur Dependent since 17 May 2014. My dependent got visa on 17 December 2013 but entered in UK on 17 May 2014.
Besides of these 3 dependent , i have 1 more dependent (my son) who was born in April 2017 here in UK and i did not apply his dependent visa beacsue we do not have an attention to travel abroad.
I can apply ILR on 10 years basis in August 2018 and i can also apply ILR in October 2018 using Tier 1 Entrepreneur Route .
My and my dependents Tier 1 Entrepreneur Visas are going to expire in January 2019
Please advise which option should i use . I am really confused
Regards
Re: Applying ILR Options
Posted: Wed Apr 18, 2018 12:33 am
by cyclina1
If you get your ILR through 10 years route, your dependents cannot be PBS dependent anymore and have to switch to family visa with settled person. In this case their clock will reset to zero because and wait the other 5 years again.
So you should get your ILR based on Tier 1 PBS 5 years route, so they can extend their dependent visa as PBS dependent even you get ILR. And they can apply ILR through PBS dependent route.
Re: Applying ILR Options
Posted: Wed Apr 18, 2018 12:34 am
by cyclina1
So you should apply ILR in October 2018 using Tier 1 Entrepreneur Route, or you will reset their clock to zero if you apply ILR using 10 year route.
Part time to full Time Employment
Posted: Thu Apr 19, 2018 9:44 pm
by NEXTSTEPUK
Dear All,
I am going to apply ILR in October 2018 using Tier 1 Entrepreneur 5 Years Route .
One of my employees was working as part time from Feb-2016 to Jan-2018 as an Admin Officer
Now the same employee is working as Full time From Feb-2018 to continuous
So please advise how can i claim the points for this job or how can i use the part time and full time
1) Should he resigned the part time role of admin officer and we have to issue him the P45 and again re employee him in a different role as a full time employee
2) Should give him the promotion to Assistant Manager as full time from Feb-2018 OR
3) Carry on the same job of admin officer as full time from Feb-2018
Note: I got my initial Tier 1 Entrepreneur in Oct 2013 so i am on Transitional Arrangement
Please advise
Regards
PBS ILR 5 Years Calculations
Posted: Thu Apr 19, 2018 10:00 pm
by NEXTSTEPUK
Dear ALL,
My wife and two kids got Tier 1 Entrepreneur Dependent Visa on 17 December 2013 but they entered in UK on 14 May 2014 . Then successfully got Dependent extension till 23-01-2019 .Please advise when they can apply ILR .
Please see the following link as well
indefinite-leave-to-remain/pbs-dependen ... 50772.html
Regards
Re: PBS ILR 5 Years Calculations
Posted: Fri Apr 20, 2018 12:09 am
by zimba
November 2018 as now the visa issue date will be considered for PBS dependants too
Re: Part time to full Time Employment
Posted: Fri Apr 20, 2018 12:13 am
by zimba
Technically his hours per week must be increased to 30 hours a week at least. That's it.
Enter two periods on two separate rows in the job creation table
Re: PBS ILR 5 Years Calculations
Posted: Fri Apr 20, 2018 2:30 am
by NEXTSTEPUK
Dear Zimba ,
Thanks very much for your advise and highly appreciated. I am feeling a bit relax now that my dependent can apply ILR in November 2018 . Can you please share the link of these PBS Dependent ILR changes .
Please also advise when the Tier 1 Entrepreneur Pre April 2014 transitional arrangement is going to be ended because i was first planning to apply in October 2018 but now i am thinking to apply with dependent in November 2018 or December 2018
Regards
Re: PBS ILR 5 Years Calculations
Posted: Fri Apr 20, 2018 6:38 am
by CR001
Topics Merged (click)
Kindly keep ALL questions regarding ILR in ONE topic (this one).
Re: PBS ILR 5 Years Calculations
Posted: Fri Apr 20, 2018 1:03 pm
by zimba
Thanks very much for your advise and highly appreciated. I am feeling a bit relax now that my dependent can apply ILR in November 2018 . Can you please share the link of these PBS Dependent ILR changes .
uk-tier-1-general-visas/ilr-through-tie ... l#p1608226
Please also advise when the Tier 1 Entrepreneur Pre April 2014 transitional arrangement is going to be ended because i was first planning to apply in October 2018 but now i am thinking to apply with dependent in November 2018 or December 2018
From 6th April 2019 you cannot use the transitional arrangements, so apply before that date
ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 5:42 am
by NEXTSTEPUK
Dear All,
I am going to apply ILR using Tier 1 Entrepreneur Route myself with 3 dependents in November 2018. Besides these 3 dependent , we have a son who was born in UK in April 2017 and we did not apply his Tier 1 Entrepreneur dependent visa and still living without any visa. So after getting my ILR , I can straightway apply his naturalization , is it correct.
I have to mention his name in my ILR application and explain in the covering letter as well .
One more thing , i have to fill the 4 separate SET(O ) application form for me and my 3 dependents
Dependent visa issue date can be use towards the 5 years continuous period
as Dependent visa issue Dec 2013 and entered May 2014
Regards
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 7:31 am
by apsk
NEXTSTEPUK wrote: ↑Mon Apr 23, 2018 5:42 am
Dear All,
I am going to apply ILR using Tier 1 Entrepreneur Route myself with 3 dependents in November 2018. Besides these 3 dependent , we have a son who was born in UK in April 2017 and we did not apply his Tier 1 Entrepreneur dependent visa and still living without any visa. So after getting my ILR , I can straightway apply his naturalization , is it correct.
Yes
I have to mention his name in my ILR application and explain in the covering letter as well .
No
One more thing , i have to fill the 4 separate SET(O ) application form for me and my 3 dependents
No, you will only fill one form and give details of all your dependents in that
Dependent visa issue date can be use towards the 5 years continuous period
Yes, it does
as Dependent visa issue Dec 2013 and entered May 2014
Regards
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 9:23 am
by marcnath
NEXTSTEPUK wrote: ↑Mon Apr 23, 2018 5:42 am
I am going to apply ILR using Tier 1 Entrepreneur Route myself with 3 dependents in November 2018. Besides these 3 dependent , we have a son who was born in UK in April 2017 and we did not apply his Tier 1 Entrepreneur dependent visa and still living without any visa. So after getting my ILR , I can straightway apply his naturalization , is it correct.
Strictly speaking, you will apply for his british citizenship. That is not called naturalisation
NEXTSTEPUK wrote: ↑Mon Apr 23, 2018 5:42 am
Dependent visa issue date can be use towards the 5 years continuous period
as Dependent visa issue Dec 2013 and entered May 2014
in my opinion, the answer to this is No. The criteria for dependents is 5 years living together
in the UK. That is met only 5 years from May 2014.
@apsk - I am interested in knowing if you know of any cases where the difference between visa grant and entry has been accepted as a qualifying period
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 9:33 am
by apsk
marcnath wrote: ↑Mon Apr 23, 2018 9:23 am
NEXTSTEPUK wrote: ↑Mon Apr 23, 2018 5:42 am
I am going to apply ILR using Tier 1 Entrepreneur Route myself with 3 dependents in November 2018. Besides these 3 dependent , we have a son who was born in UK in April 2017 and we did not apply his Tier 1 Entrepreneur dependent visa and still living without any visa. So after getting my ILR , I can straightway apply his naturalization , is it correct.
Strictly speaking, you will apply for his british citizenship. That is not called naturalisation
NEXTSTEPUK wrote: ↑Mon Apr 23, 2018 5:42 am
Dependent visa issue date can be use towards the 5 years continuous period
as Dependent visa issue Dec 2013 and entered May 2014
in my opinion, the answer to this is No. The criteria for dependents is 5 years living together
in the UK. That is met only 5 years from May 2014.
@apsk - I am interested in knowing if you know of any cases where the difference between visa grant and entry has been accepted as a qualifying period
I understand we can consider application date, visa granted or entry date to count the qualification period as long as there is no absence more than 180 days in any year. Please advise if you think otherwise?
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 9:37 am
by marcnath
apsk wrote: ↑Mon Apr 23, 2018 9:33 am
I understand we can consider application date, visa granted or entry date to count the qualification period as long as there is no absence more than 180 days in any year. Please advise if you think otherwise?
Definitely NOT application date.
For main applicants, visa grant date can be considered if entry date is less than 90 days of grant.
For all other cases, it is only entry date.
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 9:39 am
by vinny
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 9:48 am
by apsk
Thank you Vinny
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 7:20 pm
by NEXTSTEPUK
@ marcnath
Please see the following link and as Zimba advised that the issuing visa date is also start considering towards the years continuous period for the PBS Dependent as well . Please advise
indefinite-leave-to-remain/pbs-ilr-5-ye ... 53804.html
Regards
Re: ILR and New Born Baby in UK
Posted: Mon Apr 23, 2018 7:43 pm
by NEXTSTEPUK
@ marcnath
Please see the following link as well
https://assets.publishing.service.gov.u ... 6.0EXT.PDF
Regards
Re: PBS ILR 5 Years Calculations
Posted: Tue Apr 24, 2018 12:14 pm
by CR001
SETO Dependent Form
Posted: Tue Apr 24, 2018 8:36 pm
by NEXTSTEPUK
Dear All,
I am going to apply ILR using Tier 1 Entrepreneur 5 Years route with 3 dependents. Could you please advise that i have to fill only 1 SETO form or i have to fill 4 separate SETO Form . Please advise
Regards
Re: SETO Dependent Form
Posted: Wed Apr 25, 2018 12:51 am
by cyclina1
one form. and tick the section that dependents applies together with you and fill in.all your dependents details.
Re: SETO Dependent Form
Posted: Wed Apr 25, 2018 12:56 am
by cyclina1
just my own opinion, you are going to pay ten of thousands pound for your whole family ILR. If your case is complicated, better instruct a solicitor to help. Just single mistake (like quite some ppl here related to taxation or employment issues) making your ILR refused, all will be rejected, and ten of thousand gone.....
Re: PBS ILR 5 Years Calculations
Posted: Wed Apr 25, 2018 9:54 am
by CR001
CR001 wrote: ↑Tue Apr 24, 2018 12:14 pm
Is there anything in the repeated requests to keep all questions in one topic that is unclear??
Re: ILR and New Born Baby in UK
Posted: Wed Apr 25, 2018 10:26 pm
by marcnath
As @vinny’s link points out, the rules state 5 years living together in the UK for dependants. Good to see HO has not made a strict interpretation of that.