Immigrationboards.com

Hello,
I entered the UK in Tier 4 Student visa in 21 Oct 2009. Now I am in Tier 1 Entrepreneur Extension Dependant Visa which is valid till March 2020.

However, I belive I qualify to apply for 10 years long residence ILR after 24 September 2019.

My questions are:

1. Can I apply for long residence ILR after 24 September 2019 even though my husband is the Tier 1 Entrepreneur main applicant who is in the UK for 9 years? If I can apply, do I need to meet any criterias or show documents for being a Tier 1 Entrepreneur Extension dependent.

2. I have child born in the UK, can I also include her in my application for ILR?

3. In case ILR after 5 years Tier 1 is not successful, can my husband who is the Tier 1 Entrepreneur main applicant switch to spouse visa after my ILR application is approved, or can he even switch to spouse visa before March 2020 (expiry date of the Tier 1 visa)?

4. In case my husband can switch to spouse visa, will he be able to apply for 10 years ILR as he will complete his 10 years next year in September 2020.

Looking forward for your swift response. Thanks.

1. Can I apply for long residence ILR after 24 September 2019 even though my husband is the Tier 1 Entrepreneur main applicant who is in the UK for 9 years? If I can apply, do I need to meet any criterias or show documents for being a Tier 1 Entrepreneur Extension dependent.

Yes you can apply for long residence ILR if you meet all the requirements. No nothing required other than your Tier 1 Dependent BRP.

2. I have child born in the UK, can I also include her in my application for ILR?

No. ILR LR does not permit dependents to apply with you. If you are granted ILR, then you can register the child as British on form MN1. The child does not need ILR.

3. In case ILR after 5 years Tier 1 is not successful, can my husband who is the Tier 1 Entrepreneur main applicant switch to spouse visa after my ILR application is approved, or can he even switch to spouse visa before March 2020 (expiry date of the Tier 1 visa)?

Yes, once you have ILR he can switch if he meets the requirements.

4. In case my husband can switch to spouse visa, will he be able to apply for 10 years ILR as he will complete his 10 years next year in September 2020.

Yes, if he meets the requirements.

Thank you very much for your swift response, truly grateful.

In regard to my 4th question, as you mentioned he can apply for 10 years ILR if he meets the requirements, could you pls explain the requirements.

I read in one of your forums, after switching to FLR (M) the points based 5 years will be set to zero so I was concerned if his 10 years in the UK will be counted to apply for ILR next year.

And also could you please clarify if the form to apply for spouse visa would be FLR (M) in case my husband wish to switch to spouse visa.

Thank you again.

All visas count for 10 years ILR.

Switching to FLR(M) only resets the 5 year ILR route.

Yes, FLR(M) is the form, online only and he must meet the requirements, English and financial.

Thank you very much for your help. Much appreciated.