Tier 1 Entrepreneur Dependants can come to the UK under the Dependent Visa and dependents include:
your husband, wife or civil partner; or
your unmarried or same-sex partner; or
your child aged under 18 years old.
Your Tier 1 Entrepreneur Dependant dependent children can be over 18 years old if they are in the UK now as dependants. If you are the partner or dependent child under 18 of a migrant who is in or coming to the UK under Tier 1 Entrepreneur category, you can apply for a visa to join them in the UK. The Home Office, UKBA will grant leave in line with the expiry date of the Tier 1 Entrepreneur Migrant's visa.
In order to be granted entry clearance as a spouse, civil partner, unmarried or same-sex partner, the family member and the main applicant must be aged 18 or over on the date, he/she is due to arrive in the United Kingdom.
In order to be granted entry clearance as a child of Tier 1 Entrepreneur Migrant, the child must be under the age of 18 on the date of entry clearance application.
Following changes in the Immigration Rules implemented from 1 October 2013, it is now possible to switch into Tier 1 Entrepreneur Dependants of Tier 1 Entrepreneur Migrant from inside the UK unless:
you were last granted leave to enter or remain as a visitor; or
you are on temporary admission or temporary release.
From the above, it is clear that anyone who is not in the UK on a visitor visa or an overstayer with Temporary Admission in the UK can switch into PBS Dependant of Tier 1 Entrepreneur Migrant from inside the UK. In order to apply for leave to remain as the child of a PBS migrant, the child must be under the age of 18 on the date of application. Where the child is aged 18 or over he/she 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.
We can provide same day visa service for the PBS Dependant visa application whereby the PBS Dependant visa application will be decided in one day.
If you are already in the UK on a visa as a PBS dependant of a Tier 1 Entrepreneur Migrant, you can seek an extension of stay when the Tier 1 Entrepreneur Migrant is either seeking an extension of stay or applying for Indefinite Leave to Remain (ILR). Certain PBS dependants of Tier 1 Entrepreneur Migrants cannot apply for ILR at the same time as the main applicant due to not meeting the residency requirements and therefore they have to apply for an extension of stay when the Tier 1 Entrepreneur Migrant is applying for ILR as a Tier 1 Entrepreneur Migrant.
A person who was granted PBS dependant visa as a dependant of a Tier 1 Entrepreneur Migrant under the rules in place before 9 July 2012 can apply for ILR as a PBS dependant of Tier 1 Entrepreneur Migrant if he has lived in the UK for two years on PBS dependant visa and the main applicant is either applying for ILR at the same time or has already been granted ILR as a Tier 1 Entrepreneur Migrant.
A person who was granted PBS dependant visa as a dependant of a Tier 1 Entrepreneur Migrant under the rules in place from 9 July 2012 can apply for ILR as a PBS dependant of Tier 1 Entrepreneur Migrant if he has lived in the UK for five years on PBS dependant visa and the main applicant is either applying for ILR at the same time or has already been granted ILR as a Tier 1 Entrepreneur Migrant.
One of the requirements for family members of Points Based System Migrants is that he/she must be able to support themselves without recourse to public funds. This requirement is satisfied by showing funds for maintenance for last 90 days before the date of the application.
We are registered with the Home Office Public Enquiry Office (PEO), Lunar House, Croydon to provide same day visa service for PBS Dependent applications. Our immigration lawyers can prepare and submit your PBS Dependant visa application to the Home Office, PEO and get quick decision on the application. As PBS Dependent application is a biometric category, you will have to attend the Home Office, Lunar House, Croydon with our legal representative on the day we will submit your application. Our legal representative will accompany you to the Home Office, PEO, Croydon and will assist you with the whole process of the application submission, biometrics enrollment and all the follow-up work until a decision on the application is made by the Home Office.
If your application for PBS Dependant is refused, you can challenge the refusal of your application by way of an administrative review.
If the application succeeds, the partner will be given entry clearance, or permission to stay, subject to the following conditions:
he/she must have no recourse to public funds, which means he/she will be unable to claim most benefits paid by the state;
he/she must register with the police if paragraph 326 of the Immigration rules require him/her to do so;
he/she must not work as a doctor in training unless he/she is in the United Kingdom and his/her last grant of entry clearance or leave to remain (permission to stay) was as the spouse, civil partner, unmarried, or same-sex partner of a migrant given permission to stay under parts 3, 5 or 6 of the immigration rules; or
as the partner of an entrepreneur (provided that permission was not subject to a condition prohibiting employment as a doctor in training).
You can also apply for a child to stay or come into the United Kingdom if you are applying under the entrepreneur category (Tier 1 Entrepreneur) of the points-based system to work in business in the United Kingdom. In order to be given entry clearance or permission to stay, a child must meet the conditions set out in the immigration rules at paragraph 319H of part 8, of the Immigration Rules HC395.
If the child is successful, he/she will be given entry clearance or permission to stay subject to the following conditions:
he/she must have no recourse to public funds, which means he/she will be unable to claim most benefits paid by the state; and
he/she must register with the police if paragraph 326 of the Immigration rules require him/her to do so.
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