Teir 2 dependent to ILR dependent switch

[pkvin]

Hi....

I am eligible to switch from tier 2 to ILR now. I have an appointment this month to submit my application. I am afraid what will happen to my dependents who are here on tier 2 dependent visa ( which is valid until Nov 2014) once I get ILR. I am not sure whether to apply for ILR for them due to the reason given below.

My wife came to UK in Nov 2009. But she left UK to give birth to our daughter in Dec 2012 and came back only Nov 2013. From 2009 to until now she had UK visa as dependent. All the time her visa was extended before her visa could expire.

Please let me know your views on these:
(1) Whether my wife's application for ILR will be rejected due to her absence of 11 months.
(2) If she is not eligible to apply for ILR now then how long ( 2 years or 5 years) should she wait before she can apply.
(3) Whether my dependents have to switch category soon after me getting ILR now or wait until the end of current leave? They have valid tier 2 dependent visa until Nov 2014.
(4) Which application ( FLR(m)?? or PBS dependent) to fill for their extension considering that they will apply for ILR after qualifying period. Please let me know if you have any references for this.

Thanks in advance

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants. Provided that you are not applying for ILR under Long residence, I think that your wife and daughter may apply for ILR with you, or after you, before her leave expires.

[pkvin]

Hi Vinny...Thank you for guiding me. I am applying for ILR under 5 year route. I have gone through the link you send me before and I found it useful with relevant information regarding dependants of PBS migrants. I don't understand how they calculate qualifying period when there are long absences in between the stay as dependants or if a person apply from outside UK before their current leave expire. I am bit worried these situations will reset qualifying period.I read from other posts that some people managed to get ILR with long absences by showing some medical evidence.

Please advise me how they calculate the qualifying period in my wife's case since she has a long absence and applied from India before her leave expired. Here is her immigration detail:
she first entered UK as work permit dependent from India (Nov 2009- Nov 2011); then extended her stay in UK as tier 2 dependent (Aug 2011-Nov 2013). However, she left UK in Dec 2012 and came back Nov 2013. Before her leave could expire in Nov 2013 she applied for tier 2 dependent visa along with my daughter from India for another year and came to UK. In all these years she had continuous dependent visa ( her leave did not expire).

Thank you in advance for your time and expert opinion.

Best Regards,

[vinny]

After Dec 2012, when did her leave expire?
When did she apply for a PBS dependant visa?
When was she granted a PBS dependant visa?

[pkvin]

Hi.....thanks for responding..

After Dec 2012, when did her leave expire?
Her visa was valid until Nov 03, 2013

When did she apply for a PBS dependant visa?
She applied on Oct 08, 2013

When was she granted a PBS dependant visa?
she was granted visa from Oct 28, 2013 valid until Nov 11 2014

Best Regards

[vinny]

Your wife had continuous leave as your dependant since prior to 9th July 2012.
She has spent at least 2 years in the UK.
She may also have to show subsisting marriage.

I think that she satisfies the requirements for ILR.

[pkvin]

Hi Vinny...thank you for helpful and timely guidance. I will submit their applications after mine is done this weekend ( hopefully ).

Do you think 11 month absence can be sorted out if I show subsisting marriage?
Is it okie that I apply only before her current leave expire i.e Nov 15th 2014 as PBS dependent?

Thanks for the help.