ILR - Dependent

[manomats]

Greatful if you could answer my question regarding ILR Dependent Visa:
I am due to aply for ILR in 04 Aug'11.
I entered UK on 01 Sep 2006 on Work Permit. My wife and Daughter (Both US Citizens) joined me as Work pemit dependents in Jul 2008. They went back to USA in Jul 2010 to take care of some family commitments.

Meanwhile, I switched to Tier 1( General) visa in Jan 2011 while my family was away in USA.
Do I have to apply for family's dependent visa under Tier1 status again ?

My wife and daughter re-joined me in Apr 2011. They can be here legally until Oct 2011 ( considering the WP dependent visa status is not valid now) since they do not require a Visa to stay in this country for 6 months.


Since i am going for my ILR in Aug 2011, can i apply for my dependent's ILR as well ?

Your valuable guidance please?????

-Mano

[vinny]

If they were admitted as visitors, then they would have to return to the USA and apply for entry clearance as your dependants.

[manomats]

Thanks Vinny,
They had their entry clearance /Work Permit dependent visa on their passport in since 2008.

However, I switched to Tier 1 (General) visa in Jan 11, while my family was away in USA and they came back in Apr 2011.

Immigration did not ask my family any questions at the airport , not sure what assumptions they(Immigration) made while admitting them, as WP dependent or as a visitor.
I am a bit confused now, should I wait until i get my ILR visa or should we all be applying together ?
they were in this country for more than 2 years and I have got cohabitation proofs as well.

-Manoj

[vinny]

When does their work permit dependant entry clearance expire?
Did they tell the Immigration Officer that they had entry clearances?
When they were last admitted, were there any restrictions on employment?

[manomats]

well, my family's dependent visa expires on 01 Aug '11 as per work permit dependent visa. And the immigration officer saw that on their passport, i presume. there were no restrictions on their passport regarding employment. however, my wife is not working now.

Also, i was wondering whether i should apply for ILR on 01 Aug ?
My Tier 1 visa expires only on 13 Jan 2013, how ever i am entitiled to apply for ILR on 03 Aug 11 (28 days before my qualifiying period 01 sep 11)
???

[vinny]

I think that they should immediately switch to Tier 1 (General) dependants, before their leave expires. Subsequently, they may be included with your ILR application. You should wait until after they are granted leave as Tier 1 (General) dependants before all applying for ILR.