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Dependant of a Tier 1 Entrepreneur visa

The Tier 1 Entrepreneur visa category applies not only to the main applicant but also to his dependants. A dependant is any person who relates to the main application in the following ways: -

  • The spouse or civil-partner; or
  • Partner (including same-sex)
  • Children below the age of 18

Be informed that children who are aged 18+ can still be deemed as dependants if they became dependants in the United Kingdom.

Entry clearance as a Dependant of a Tier 1 Entrepreneur Migrant

Dependents of a Tier 1 entrepreneur migrant will be able to apply for entry clearance as a dependant provided that the main applicant is over the age of 18 and is either currently holding a valid leave as a Tier 1 entrepreneur or has made an entry clearance application as a Tier 1 entrepreneur.

The Home Office will normally grant leave in line with the expiry date of the main applicant.

It is important to note that for entry clearance applications, dependants must be under 18 as at the date of the submission of the initial PBS application.

Applying in the country - Dependant

The immigration rules have now be relaxed to allow individuals to switch into dependants of a Tier 1 entrepreneur migrant from inside the UK. Exceptions to this rule include if: -

  • Your last visa to the UK was as visit visa; or
  • You are on temporary admission or temporary release

The above exception is a presumptive indication that anyone who has no adverse immigration history and is not on a visit visa or with temporary admission in the UK can apply to switch into a dependant of a Tier 1 Entrepreneur migrant.

Please note that the in the case of child dependants, they must under the age of 18 on the date of the application. And where the child dependant applicant is currently above the age of 18, they must have been granted, leave as the dependant of a PBS migrant or someone applying at the same time for leave as a PBS migrant.

Tier 1 Entrepreneur Dependant Visa Extension

If you are already in the UK on visa as a PBS dependant of a Tier 1 Entrepreneur Migrant, you can seek extension of stay when the Tier 1 Entrepreneur Migrant is either seeking extension of stay or applying for settlement. Certain PBS dependants of Tier 1 Entrepreneur Migrants cannot apply for ILR at the same time as the sponsor due to not meeting the residential requirements and therefore they have to apply for extension of stay when the Tier 1 Entrepreneur Migrant is applying for ILR as a Tier 1 Entrepreneur Migrant.

Indefinite leave to remain as a dependant of a Tier 1 Entrepreneur migrant

If you were last granted leave as a dependant of a Tier 1 Entrepreneur before 9th July 2012 , you may be able to apply for settlement (indefinite leave to remain / ILR) as a Dependent of a Tier 1 Entrepreneur migrant provided that you have lived for at least 2 years as a dependant of the main applicant and the main applicant is either applying for an ILR or has been granted indefinite leave to remain.

An applicant who has been granted PBS dependant visa on the basis of been a dependent a Tier 1 Entrepreneur Migrant under the rules in place from 9 July 2012 can apply for settlement under the same route if they have lived continuously on the United Kingdom for five years as a dependant of Tier 1 Entrepreneur visa. It is important that the main applicant (sponsor) is either applying for ILR at the same time or has already been granted ILR under the route.

Visa Refusal of a Tier 1 Entrepreneur Dependant Visa application

If your application as a Tier 1 Entrepreneur Dependant is refused, you can challenge the refusal of your application by way of an appeal to the First Tribunal. If you have not been granted right of appeal against the refusal of your PBS dependant application, the refusal can then be challenged by way of Judicial Review in the Upper Tribunal.

Related Links

 

Entry Clearance as a Tier 1 Entrepreneur migrant
Switching into the Tier 1 Entrepreneur route
Dependant of a Tier 1 Entrepreneur
Tier 1 Entrepreneur Visa Extension
ILR - Tier 1 Entrepreneur
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