Legal enquiry
Full Name:
Telephone No:
Email:
Your enquiry:
Attachment:
ICS Legal - Immigration advisory services
request call back
ICS Legal is a OISC Regulated organisation F201300789, we are not affiliated with any government organisation, including the UKBA.Use our Contact Form for a free assessment.Please speak to us for more information on 0207 237 3388.
Full Name:
Telephone No:
Email:
Call back time:
Call back date:
ICS Legal - UK immigration advisory services
Immigration Lawyers | Immigration & Visa Specialists | Monday to Friday 9am to 6pm | info@icslegal.com
020 7237 3388
Advanced Search
Index >> Working Visas in the UK >> Entrepreneurs >> Tier 1 Entrepreneur Dependants Visa >&g back button

Most visited:

Entrepreneurs

Tier 1 Entrepreneur Dependants | Dependants Visa

The Tier 1 Entrepreneur visa permits you to bring your dependants to the UK under the Dependent Visa or if they are already in the UK on a valid visa, they may be allowed to extend their visa on that basis. In line with the published rules, a dependant 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 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 will grant leave in line with the expiry date of the Tier 1 Entrepreneur Migrant's visa.

To check whether you meet the requirements of a Tier 1 Entrepreneur's dependant visa, simply complete our free assessment, and we will let you know whether you meet the requirements. Click here to complete this

Entry Clearance as PBS Dependant of a Tier 1 Entrepreneur Migrant

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.

Switching into a PBS Dependant Visa as a Dependent of Tier 1 Entrepreneur Migrant

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.

Extension of stay as a Tier 1 Entrepreneur Dependant of Tier 1 Entrepreneur Migrant

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.

ILR as Tier 1 Entrepreneur Dependant of 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.

Funds For Maintenance

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.

Priority Visa Service For PBS Dependent Of Tier 1 Entrepreneur Migrant

Aplications for dependants can be done through the fast track process and will allow you to get a decision quicker than the standard visa service. You may also be able to retain your original documents as part of the visa service. Call us on 0207 237 3388 to discuss the various visa services that are available. 

Refusal Of PBS Dependant Visa Application

If your application for PBS Dependant is refused, you can challenge the refusal of your application by way of an administrative review. If your AR is refused, then we can seek to challenge the decision through a judicial review process. Please call us on 0207 237 3388 or email us your refusal notice to info@icslegal.com

Conditions of your stay as the dependent partner:

If the application succeeds, as a dependant you 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). 

How to apply for your children under the PBS Dependant route

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. 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. 

Evidences related to the children parents parental relationship, evidence of residency and maintenance is needed to be met, for the dependant visa to be granted. 

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.

 

UK Visas & Immigration Services | ICS Legal

LINKS

FOLLOW US

Developed and Managed by Tech ICS © 2006 - 2019 Copyrights ICS LEGAL IMMIGRATION SPECIALISTS LTD | All rights reserved | UK immigration advice | Marriage Visa | British Citizenship | Tier 1 HSMP | www.icslegal.com