Dependant ILR with new Entry clearance b/w qualifying period

[varghesejim]

Hello,

I will be eligible for ILR by this June and planning to apply with my wife and kid using the Set(O) form. There is a complication in our application though.

My wife joined me on September 2009 and after living here for 2.5 years she went back to home on March 2012 for delivery of our child. We did not get a change to renew her visa because of some reasons. As per the rules existed at that time it was 2 years for the dependent to get ILR , so her visa expiring shouldn't have any consequences. However UKBA changed the rule shortly to make the qualifying period to 5 years. My wife applied for a new Entry clearance with the child in December 2012 and came back to UK on March 2103. As per the new entry clearance rules the qualifying period is 5 years.

Given that she was eligible as per her first entry clearance and we had to travel because of medical reasons, we are going ahead and applying for ILR for all of us including my wife.

Questions:

1) As we are all applying on the same application(Set(O)), will a rejection for my wife's ILR affect me and our son's ILR applications?

2)If ILR gets rejected, should we appeal given that she was originally eligible?

3)In case of all doors closed, should we apply for my wife's Tier1 dependant or ILR dependant? In other words, will ILR dependant visa application reset the ILR clock?

Will appreciate your suggestions. Thanks in advance.

[varghesejim]

Senior members, please help.

[betterlatethannever]

Can you please update how did you proceed? As my case is exactly same as yours.

[raj1234]

HI,

My case is also similar any help would be great.

Siva