Tier 1 Entrepreneur - Dependent Visa Application

[pangwee]

Hi Admins,

I would like to apply for Tier 1 Entrepreneur for myself and my 2 children (age 15 & 18). Both of them are in School in UK under student visas. I think I have no problem to include my 15 year old but not sure about my 18 year old. I am a bit confused with the language of section 115 and 117 (marked yellow). 115 seems to say that a 18 year old can apply with a parent but 117 is inconsistent.

I thought being a student should automatically qualify as 'Dependent'?

Please advise.

Su

Children of PBS Migrants
115. In order to apply for leave to remain as the child of a PBS migrant, you must be under the age of
18 on the date of application. If you are aged 18 or over, you must have, or have last been
granted, leave as the family member of a PBS migrant or someone applying at the same time for
leave as a PBS migrant.
116. You will not be considered to be a child family member of a PBS migrant where it is considered
that you:
• are married or in a civil partnership
• have formed an independent family unit; or
• are living an independent life.
117. Children aged 18 or over who have not previously been granted leave as the family member of
the PBS migrant cannot be granted leave as the family member of a PBS migrant.

[zimba]

The immigration rules part 8 make this clear under paragraph 319H (c) for PBS children:

The applicant must be under the age of 18 on the date the application is made, or if over 18 and applying for leave to remain, must have, or have last been granted, leave as the child of a Relevant Points Based System Migrant or as the child of the parent who had leave under another category of these Rules and who has since been granted, or, is at the same time being granted, leave to remain as a Relevant Points Based System Migrant.

So if your son was granted visa as a child under any other category (before turning 18) he can be granted leave under PBS dependant if you as the main applicant switched (or you are switching together) to a PBS route and he is now 18+.

So if your son holds a Tier 4 visa, then that means he cannot be granted a PBS dependat visa after turning 18.
Given that PBS dependants can freely study in the UK, it makes no sense to put children who are below 18 years under Tier 4 route as that will jeopardize their chances of remaining in the UK after turning 18.

[pangwee]

Hi,

Both my son (age 16) and daughter (18) are under Tier 4 student visas now. I am a new applicant for tier 1 visa.

Are you saying I can’t switch BOTH of them to come under new tier 1 visa when I apply?

Thanks.

[pangwee]

Sorry I didn’t quite finish my reply.

Or do you actually mean that I can switch my son because he is under 18 but not my daughter (18+) to Tier 1 dependent now?

Thank again.

[zimba]

Please confirm that when you say they are under Tier 4 visa, you mean that they are NOT here as Tier 4 dependants but they have their own Tier 4 visas, right ?

[pangwee]

Yes. They are here under their own tier 4 visas as international student.

[zimba]

Yes. They are here under their own tier 4 visas as international student.

Ok in that case your son can switch to PBS dependant as he is below 18 however you daughter cannot as she is over 18.
She can only remain in the UK on her own visa