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Dependants Of Tier 1 Graduate Entrepreneur

If you are a husband/wife or civil partner, an unmarried or same sex partner , or a child aged under 18 years, you fall into the category of the dependants.

In a situation where by a child is older than 18 years, he/she will be recognised as a dependant if he/she is currently in the country as a dependant.

If you as a Tier 1 Graduate Entrepreneur Visa holder have dependants who intend to join you in the United Kingdom, they are permitted to make an application for a Visa in this regard to the UKVI. They will usually be issued visa that will elapse the same day as that held by you the Tier 1 Graduate Visa Holder.

Entry Clearance

In order to be considered for entry as your Spouse, civil partner, unmarried partner, same sex partner or family member, you (the Tier 1 Graduate Entrepreneur) as well as the dependant will each be required to be 18 years of age and over on the date in which they are to enter the country.

On the other hand, for your child to be considered for entry he/she is required to be less than 18 years of age on the date in which the application was made.

Switching

Recently there have been a lot of changes to the Immigration Rules some of which includes that enacted on the 1st/Oct/2013 on the ability of individuals to switch into the Points Based System (PBS) of the Tier 1 Graduate Entrepreneur from inside the country. The individual will not be permitted to switch if:

  • He/she was firstly granted visitor’s leave.
  • He/she temporarily admitted or released.

For a child to make an application for leave as a child of a Points Based System (PBS) migrant, he/she is expected to be less than 18 years of age on the application date. However, in a situation where by the child is above 18 years of age, it is required that he/she holds or has held leave as a PBS migrant’s family member, or a person making a leave application simultaneously as the Points Based System (PBS) Migrant.

Extension

If you seek an extension of your Tier 1 Graduate Entrepreneur PBS dependant visa, you may be permitted to make an application along with the Main Tier 1 Graduate Entrepreneur visa holder (when he either seeks for extension or Indefinite Leave of Remain).

Funds For Maintenance

For Family members of the Points Based System (PBS) to be qualified for entry they have to meet the requirement of financial capability. They will have to meet their maintenance need without seeking for aid from public funds. In order to meet this requirement they are required to make proofs that support their claim available before making the application; that they have sufficient fund for maintenance that could last for a minimum of 90 days.

In some cases where the Tier 1 Graduate Entrepreneur might be outside the country on a temporary basis not up to a year, it is expected that every family member would provide for themselves or for children (By the second parent in the country) £1800 available for meeting maintenance needs as well as the initial amount required as evidence of financial capability.

If the Tier 1 Graduate Entrepreneur migrant will spend more than a year outside the country, each of the dependants remaining in the country would be required to make available for support and maintenance £600.

Refusal

The PBS Dependant applicant can Lodge an appeal to the First Tribunal if his/her application is rejected. If he/she is not given the right to appeal, he/she can challenge the decision through Judicial Review in the Upper Tribunal.

 

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