Immigrationboards.com

Hi ,
(I have read the FAQ notes for ILR but thought my situation could be different and hence this post)

My situation
entry visa Feb2009
entry visa type Tier 2 ICT
entry to UK Mar2009
wife on dependant visa and entered together in Mar2009

In Jan2011 upgrade to Tier1 General and wife Tier1 General Dependant
In Feb 2013 got extension on Tier1 general for myself and wife Tier1 General Dependant and currently on this visa , valid upto 2016.

Felt I should have applied for my ILR in Feb itself however was tied up with other stuff. silly me again.

Now I planning to file my ILR and collecting all required docs. My wife does not have UK pass and hence need to sit for english and life in UK test.

Is it ok to apply just for myself the ILR and then apply for my wife when she qualifies the required test? .
If so can my wife continue to stay on Tier1 General dependant till she gets her ILR applied.

As per the note given by vinny , my wife does qualify for ILR however the note does not mentions what happens to the current visa and do i need to apply for a different visa for my wife to continue to stay while she ishere. Also read a note that from 6th April 2014 rules has changed and hence wish to clarify my situation through this post.

The reason I am rushing for just my ILR is because just a baby last month and wish to get the baby travel document sorted by applying for her naturalisation once i have a successful ILR.

this is a question to which i believe there is ultimately no answer

the geniuses who wrote the laws assumed that everyone who can qualify for ilr, will apply for it

dependants that initially entered post-2012 can obviously stay on as dependants, but people who are pre-2012 dependants not so clear.

i had the same dilemma regarding my 18+ daughter, she would have been supposed to apply at the same time with me, and qualified, but I didn't want for her to apply at the same time because my ILR case was very complicated, didn't want to risk her application fee (we had 2 more years on tier1 so there was no need)

but I had her apply within 28 days after my ILR, just to be safe. No one said anything about it.

but frankly I guess it is easy for them to claim in case of a pre-2012 dependant, that once the main migrant achieves ILR, their status is no longer valid.