Dependent visa validity after spouse ILR on long term basis.

[sancha]

All,
I will appreciate for your reply on following question with some reference as I tried but not able to solve this question and not found any references.
When a person get ILR on 10 year basis then - Can his dependants stay on their current T-4 dependant visa for next one year when they will be eligible for their ILR on their own basis of 10 year legal stay? All dependants (2 kids 12 & 18 and spouse) have existing tier 4 dependant visa validity more then 2 years and no one have plan to travel until next year.
Thanks

[vinny]

I think so.

[sancha]

Thanks Vinny,
Do we have any HO rules/guidance in support of this please?
Without any supporting HO reference it would be a big risk as at time of dependant's ILR, HO can say that dependant's Tier - 4 visa is not valid due to change of main applicant's status (ILR) a year ago.

[vinny]

It is trying to verify the negative, as there appears to be nothing in the policy nor rules to state that dependants "must" switch category, after the main applicant obtains ILR. Moreover, there appears to be nothing that states a dependant's leave is to be curtailed under 323, after the main applicant obtains ILR. 323(vi) is not applicable.

Note that if 319D(b) and 319A are still satisfied, then 323(ii) is also not applicable.

This is especially true for dependants when the main applicant is granted ILR under PBS.

However, when the main applicant is granted ILR under Long residence, then there is a danger of curtailment. The PBS dependants cannot apply for further/indefinite leave to remain under Part 8, except children satisfying a277,A280(b), 299. But I don't see any reasons why they cannot remain until expiry of leave, when their leave isn't curtailed nor are they subject to removal, with reference to 4(1).

Moreover, for Long Residence dependants, don't travel.