Tier-1(E) To ILR in 3Y-4M

[SamWalter]

Hi There,

May I please request for help on the topic as under:

1. I am applying for the ILR under accelerated mode from T1(E) after completing 3 year & 3 months and employing 10+ employees.

2. What will be the status of my dependents, will they be getting an ILR or extension?

3.What is the typical timelines for getting the ILR after the application is submitted.

4. Any recommendation on a good solicitor please.

Look forward hearing.

Regards,

[CR001]

I will answer to two questions I can.

2. What will be the status of my dependents, will they be getting an ILR or extension?

Your dependent does not qualify for ILR at the same time as you as far as I understand. 5 years residence is required.

4. Any recommendation on a good solicitor please.

Members are not permitted to post names or details of solicitors on the forum.

[SamWalter]

Many Thanks for the response.

I always thought that the VISA / Residency status of the Dependents are always at par with that of Main Applicant.

Also, if you can help me know if there is any same day service for ILR application from T1(E).

Regards

[marcnath]

Many Thanks for the response.

I always thought that the VISA / Residency status of the Dependents are always at par with that of Main Applicant.

Also, if you can help me know if there is any same day service for ILR application from T1(E).

Regards

There is no same day/premium service for T1E

[CR001]

I always thought that the VISA / Residency status of the Dependents are always at par with that of Main Applicant.

Immigration Rules Part 8 - Points Based Dependents clearly states the requirement for 5 years residence.

See 319E(d)(ii)(b) - (click)

Also, if you can help me know if there is any same day service for ILR application from T1(E).

As far as I am aware, premium service is not available for Tier 1 Ent to ILR.

https://www.gov.uk/ukvi-premium-service ... he-service

[jafersadeq]

Your dependent does not qualify for ILR at the same time as you as far as I understand. 5 years residence is required.

Dear CR001,

The 5 years rule is for the partner only, it is not for the children.

Is that correct

[CR001]

Your dependent does not qualify for ILR at the same time as you as far as I understand. 5 years residence is required.

Dear CR001,

The 5 years rule is for the partner only, it is not for the children.

Is that correct

5 years for children born abroad, they follow the same path as the 'less privileged' parent.

A child born in the UK could apply at the same time as main PBS visa holder IF there is no intention to register the Child as British, as far as I understand.

See 319J in link below.

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

p.s. please ask your questions in your own topic.

[jafersadeq]

5 years for children born abroad, they follow the same path as the 'less privileged' parent.

A child born in the UK could apply at the same time as main PBS visa holder IF there is no intention to register the Child as British, as far as I understand.

See 319J in link below.

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

Please double check that information, because you did not refer to any specific rule.
Nothing about the 5 years in the rules of PBS children. Why did not they mention it?
Why did not they specify their absence?


quote=CR001 post_id=1588309 time=1516739309 user_id=70994]
p.s. please ask your questions in your own topic.
[/quote]

The OP asked "2. What will be the status of my dependents, will they be getting an ILR or extension" , so I tried to comment with regards to his question.

[CR001]

5 years for children born abroad, they follow the same path as the 'less privileged' parent.

A child born in the UK could apply at the same time as main PBS visa holder IF there is no intention to register the Child as British, as far as I understand.

See 319J in link below.

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

Please double check that information, because you did not refer to any specific rule.
Nothing about the 5 years in the rules of PBS children. Why did not they mention it?
Why did not they specify their absence?

p.s. please ask your questions in your own topic.

The OP asked "2. What will be the status of my dependents, will they be getting an ILR or extension" , so I tried to comment with regards to his question.

319J(c) & 319J(e)(iv)

[SamWalter]

Dear Friends,

Many Thanks for the help & guidance extended.

It is highly appreciated & valued.

Best Regards,

[Raja G]

The dependent will also be able to apply for ILR. Which one visa you got 50K or 200K?
you or ur dependant can apply ILR same time but for nationality you must spend 5 years (excluding specific period) in from that date of first arrivsl in uk.

[CR001]

The dependent will also be able to apply for ILR. Which one visa you got 50K or 200K?
you or ur dependant can apply ILR same time but for nationality you must spend 5 years (excluding specific period) in from that date of first arrivsl in uk.

PBS Dependents required 5 years residence as the immigration rules state, 319E and 319J.

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

[marcnath]

The dependent will also be able to apply for ILR. Which one visa you got 50K or 200K?
you or ur dependant can apply ILR same time but for nationality you must spend 5 years (excluding specific period) in from that date of first arrivsl in uk.

PBS Dependents required 5 years residence as the immigration rules state, 319E and 319J.

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

319E specifies the requirements for partners to apply for ILR and specifies the 5 year stay.

319J specifies the requirements for children and there is no period of stay in UK required - only that both parents have to be ILR holders or applying for ILR at the same time and the child has to have the relevant visa.

[CR001]

The dependent will also be able to apply for ILR. Which one visa you got 50K or 200K?
you or ur dependant can apply ILR same time but for nationality you must spend 5 years (excluding specific period) in from that date of first arrivsl in uk.

PBS Dependents required 5 years residence as the immigration rules state, 319E and 319J.

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

319E specifies the requirements for partners to apply for ILR and specifies the 5 year stay.

319J specifies the requirements for children and there is no period of stay in UK required - only that both parents have to be ILR holders or applying for ILR at the same time and the child has to have the relevant visa.

The child will follow the less privileged parent (so 5 years) if not a pre July 2012 visa holder. I did not say that children have a mandatory 5 year residence requirement.

[zimba]

I also want to emphasis again that the accelerated route apply ONLY to the main applicant

[SamWalter]

Hello There,

I am scrolling through pages on Tier 1 Entrepreneur Processing Time, but could not find anyone who has applied for ILR after completion of initial 3 years & 4 Months on the basis of 10+ emloyees in 2017 or 2018.

May I please request for some inputs on how much time does it take to get the ILR.

My Current timelines are as under:

Application Sent to HO - 12th March 2018
Biometrics Done - 20th March 2018
No Communication Since Than

Look forward hearing

[CR001]

Topics Merged (click)

Please read regarding ILR question in the Tier 1 Entrepreneur sub forum (click)

Kindly also refrain from posting questions in the TIMELINE ONLY topics.

ILR via Tier 1 Ent can take a few months.

[SamWalter]

Dear Friends,

To give you a background, I ve applied for ILR after completing 3 Years & 4 Months on T1E visa on employing 10 employees.
Timelines:
Application: 12th of March, 2018
Biomeric: 20th of March, 2018
No Information since than.

May I please request for inputs on the following:
1. What is the typical timescale for issuance of ILR in an accelerated case.
2. I ve not yet received any communication with regard to Complex case etc., I ve seen that mostly people receive it within 30-45 days.
3. Since my business involve extensive traveling outside UK, what will be the best way to expedite the process.

Look forward hearing.

Kind Regards,

[zimba]

1. What is the typical timescale for issuance of ILR in an accelerated case.

Postal ILR timeframe is around 6 months officially, most cases granted around 3 months time
Someone got Tier 1E Accelerated ILR in very short period: indefinite-leave-to-remain/ilr-postal-t ... l#p1571462

2. I ve not yet received any communication with regard to Complex case etc., I ve seen that mostly people receive it within 30-45 days.

Why should you get such letter ?!

3. Since my business involve extensive traveling outside UK, what will be the best way to expedite the process.

You cannot expedite an application. You could have sent a covering letter with your application requesting this

[SamWalter]

Many Thanks for the response.

With regard to the Complex letter within 30-45 days, I should have clarified, my investment (£200K) is spread in five companies in two towns of SE England. All of them trading, however 10 employees claimed in one company only.

[SamWalter]

I am a victim of corporate fraud. The other director (A British National) have defrauded the company & ran away with Company VAT & PAYE money. (Around £52K)Matter has been reported to the Police & under active investigation. There is a clear evidence of money transfer to his savings account.

While my application for ILR was submitted in March, 2018, and this came to light around the same time.

At the moment company is not trading and receiving continuous reminders from HMRC, who have been informed about the whole case but have proceeded with the winding up of the company.
My question:
A. What is my best course of action?

B. How will this affect my ILR application?

C. Will it be advisable to resign from the company?

D. Any other thing I should do in the given circumstances.

[zimba]

PLEASE keep all your post in ONE PLACE

Business conflicts are not relevant to Tier 1E rules or immigration law so please seek advice from specialist lawyers in business law.
If you claimed your directorship in your ILR application, you should not resign until ILR is decided

[SamWalter]

Many Thanks, Could you please help me with this:

"How will this affect my ILR application?"

[marcnath]

Many Thanks, Could you please help me with this:

"How will this affect my ILR application?"

Until you are actually charged and have a judgement entered against you (no reason why it should happen) there should be no impact on your ILR application.

[SamWalter]

Many thanks for the response, very reassuring.

Kindest