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ILR for Tier 1 Entrepreneur Dependant

Posted: Mon Sep 23, 2019 9:41 pm
by mkhan83
Hi respected senior member. Tier11417, Aman90, Zimba and Marcnath
I am asking on behalf of my friend who is also tier 1 entrepreneur visa. His visa history and his dependent visa history is as follows
Granted tier 1 entrepreneur in June 2014
Applied Extension in June 2017
Interviewed in May 2018
Successfully got extension after interview in May 2019. (Only one interview)
Got visa till May 2021
His dependent is completing her 5 years as dependent in February 2020.
Main applicant has already completed his 5 years on Tier 1 in June 2019 but he is planning to apply under 10 YEARS LONG RESIDENCE as he will be eligible for this LR in September 2020
My Questions are
Can his Dependant apply for ILR alone in February 2020 under tier 1 dependent route
Is it necessary that first Main Applicant must have ILR then she can apply?
Her five years starts from date of visa issue or the date of entry?
Many thanks
Your responses will be appreciated

Re: ILR for Tier 1 Entrepreneur Dependant

Posted: Mon Sep 23, 2019 9:49 pm
by CR001
Can his Dependant apply for ILR alone in February 2020 under tier 1 dependent route
No. A PBS dependent cannot apply for ilr independently based on 5 years before a tier 1 main visa holder. The rules don't permit this.
Is it necessary that first Main Applicant must have ILR then she can apply?
Yes. They either apply together via the tier 1 route or she applies after him. If he applies for ilr based on long residence, she cannot get ilr as a tier 1 dependent. She has to switch to FLR M and meet the English and financial requirements.

Re: ILR for Tier 1 Entrepreneur Dependant

Posted: Mon Sep 23, 2019 10:47 pm
by aman90
mkhan83 wrote: ↑
Mon Sep 23, 2019 9:41 pm

Following up on CR001..

Got visa till May 2021
His dependent is completing her 5 years dependent in February 2020.

How is the dependants visa shorter than main applicant?

Main applicant has already completed his 5 years on Tier 1 in June 2019 but he is planning to apply under 10 YEARS LONG RESIDENCE as he will be eligible for this LR in September 2020

Strange that main applicant wants to wait so long.

Re: ILR for Tier 1 Entrepreneur Dependant

Posted: Mon Sep 23, 2019 10:48 pm
by CULLINAN
Also, as the dependent can not apply for ILR on PBS route if the main applicant goes for ILR on LR basis, dependent’s ILR clock will reset to zero and will have to wait another 5 years for ILR in that case.

Re: ILR for Tier 1 Entrepreneur Dependant

Posted: Tue Sep 24, 2019 12:25 am
by mkhan83
Thanks for responding my questions
Special thanks to CR001 and I do appreciate for full clarification. I fully understood your points. Thanks mate :wink:
Thanks Tier11417 and aman90 for your responses as well