Tier1 (E) Main Applicant Settled on Long Residence Route While dependant Extension in Process

[Legend1]

Hi Dear Experts,
Hope you all keeping well. I came to UK in 2010 as a student. I was granted Tier1 (E) visa in 2019 and later My wife joined me here as Tier 1 Dependent in 2019.
In 2020 I have completed 10 years and lodged the ILR LR application. The Long residence application was refused with appeal right. I lodged the appeal while I was in process of LT/UT for Long residence Application the Tier 1 visa expiring in April 2022. So applied for Tier 1 Extension for myself and my Wife as tier 1 Dependent.
Meanwhile the Upper tribunal hearing done in 2023 January ( long residence ) and I finally Won the Appeal in Upper Tribunal June 2023.

I didn’t withdraw our Tier 1 (E) until now I thought my wife will get the extension on her own.
Last week I have received a full IHS refund for both applicants paid for Tier 1 extension application.

Now I’m not sure what to do, I was searching out the topics on this forums and found out about some
updated Policy guidance version 12 published on 5th October 2023.

‘‘ Dependent family members in work routes Version 12.0 ’’
The paragraph which states on Page 16 :
‘ If the lead applicant has obtained settlement through any route, covered by this guidance, a dependent can apply for permission to stay or settlement if they qualify, as a dependant on the economic route, provided they held permission as the lead applicant’s dependent before the lead applicant settled.’
I m not sure whether this can be any benefit to my wife Tier 1 Extension application in our case ? or it’s only for skill-worker ?
I still haven’t received any email regarding the outcomes of the tier 1 extension application , not sure what to do ?

Any assistance will be highly appreciated.

Thanks

[Legend1]

Any response from moderator will be highly appreciated.

[zimba]

The guide you quoted does NOT cover dependants of Tier 1E route. You can see this clearly in that guide.

Dependant family members of Tier 1 migrants are covered under a separate guide: https://assets.publishing.service.gov.u ... gov-uk.pdf

That guide also tells you the following:

Where the term ‘lead applicant’ is used in this guidance it refers to the person who is applying for, holds permission to stay, or has settled on the basis of holding permission as a Tier 1 (Entrepreneur) or Tier 1 (Investor) migrant.

Other dependent routes can benefit from what you quoted because it is allowed under the respective immigration rules and hence that guide mentioned this. In the case of Tier 1E, it is not possible and if you settle under the long residence, your spouse must switch to the family route using FLR(M) and start their settlement period from scratch.

[Legend1]

Noted with thanks,

One more question I have now already filled application, is this application will now be considered out of time ?

[zimba]

Noted with thanks,

One more question I have now already filled application, is this application will now be considered out of time ?

If the previous application is refused. Actually it does not matter it will be out of time

[Legend1]

Hi Dear, many thanks for your time and response.
I need further your kind assistance for the following evidences asked as part of the application.

Application: FLR (FP) on (Parent route ) for my wife. We have two British Children.

1- Evidence to support my claim it would be difficult for me to establish a private life outside the UK
( I’m settled and we have children living with us here in UK… what appropriate evidence can we provide.? )
2- Evidence proving Mrs Huma Shaukat's exceptional situation such as a doctor's note or death notice for a close family member
( no such conditions confused what evidence we can add ?)
3- Documents supporting my other reasons to stay in the UK ?

4- Evidence to support the answers you gave in the 'Financial wellbeing' section. If you:
are destitute or at risk of becoming destitute very soon
are concerned about your child’s welfare because of your very low income have exceptional financial circumstances
Provide a document describing your financial circumstances and include any other evidence of your financial circumstances - for example, annotated bank statements.
If your accommodation is inadequate, provide evidence - for example, a letter from your accommodation provider or local authority confirming that it is overcrowded or breaches public health regulations.
If your accommodation is at risk, provide evidence - for example, an eviction notice.
If your monthly household expenses are more than your household income, provide evidence for the last 6 months that shows:
a breakdown of the monthly financial incomings and outgoings for your household - for example, annotated bank statements for all accounts held by anyone in your household
statements for any other bank, savings or pension accounts for everyone in your household
If you regularly receive financial support, provide evidence. For example, annotated bank statements or a letter from the Department of Work and Pensions (DWP), your local authority, charities or family and friends.
Any letters from charities must include the registered charity number.
If you are unable to work because of a disability or caring responsibility, provide evidence. For example, medical or benefit letters or proof of child maintenance payments - such as a letter from the Department of Work and Pensions (DWP).
If you cannot provide evidence for the answers you gave in the financial wellbeing section, include a document to explain why

Note the 4th question were answered in Finance section as “NO” when we filled the application
Thanks in advance .

[zimba]

Why FLR(FP) ? That is for the 10 year family route. Why not FLR(M) ?

[Legend1]

Why FLR(FP) ? That is for the 10 year family route. Why not FLR(M) ?

I was not able to meet the salary requirements, that's why.

[zimba]

You should apply then under the partner route rather than a parent route as you have ILR

[Legend1]

The application is already submitted. On FLR (FP) Parents route. Unfortunately.

[zimba]

The application is already submitted. On FLR (FP) Parents route. Unfortunately.

They will get back to you and will probably tell you it will be considered under the partner route. There is minimal evidence needed as the parent route is a whole different route with its requirements