Tier 2 for myself, tier 1 for wife, now applying for ilr

[docviv1]

hi guys,
Me and my wife came to UK on 31/08/2010. I was on a tier 2 visa which was granted on 17/08/2010, while my wife was on a tier 1 visa which was granted in July 2010. We had our first child here in 2011, who is on a dependent visa on me.
We both got extensions for 3 years each on tier 1 and 2 visas. Our current leave to remain is nov 15 for my wife and mar16 for myself.
I would like some guidance with following points:
1) I believe, my wife is can make an application for ilr now?
2) Can me and our daughter apply at the same time as her dependants? Do I stand a risk of being rejected because I've not been in this country for 5 years and also don't qualify that 90 days window period?
3) is it better for us apply individually I.e me on tier 2 ilr and my wife tier 1--> ilr?
4) can we apply for a passport for our daughter at the same time, as she was born here?
Your help in this matter will be much appreciated.
Thanks a lot in advance.

[CR001]

hi guys,
Me and my wife came to UK on 31/08/2010. I was on a tier 2 visa which was granted on 17/08/2010, while my wife was on a tier 1 visa which was granted in July 2010. We had our first child here in 2011, who is on a dependent visa on me.
We both got extensions for 3 years each on tier 1 and 2 visas. Our current leave to remain is nov 15 for my wife and mar16 for myself.
I would like some guidance with following points:
1) I believe, my wife is can make an application for ilr now? Yes
2) Can me and our daughter apply at the same time as her dependants? Do I stand a risk of being rejected because I've not been in this country for 5 years and also don't qualify that 90 days window period? No, you will need to wait till you meet the 5 year residence requirement. You would only be able to apply with your wife if you were a dependent on her Tier 1 visa. With your own Tier 2, you and your daughter are not her dependents for visa/ILR purposes and if you apply anyway, you will be refused and lose your fees.
3) is it better for us apply individually I.e me on tier 2 ilr and my wife tier 1--> ilr? Yes, there is no other way.
4) can we apply for a passport for our daughter at the same time, as she was born here? You do not need to apply for ILR for your daughter if she was born here. Also, she needs to be British before she can apply for a passport. You will need to register her once you or your wife have ILR on form MN1 under section 1(3) of the nationality act, which is an entitlement to register, the cost of this application is £749. Once the registration certificate is received, then you can apply for her British passport.
Your help in this matter will be much appreciated.
Thanks a lot in advance.

[docviv1]

Thanks a lot for such a lovely piece of advice. In response to following point:

"2) Can me and our daughter apply at the same time as her dependants? Do I stand a risk of being rejected because I've not been in this country for 5 years and also don't qualify that 90 days window period? No, you will need to wait till you meet the 5 year residence requirement. You would only be able to apply with your wife if you were a dependent on her Tier 1 visa. With your own Tier 2, you and your daughter are not her dependents for visa/ILR purposes and if you apply anyway, you will be refused and lose your fees."

Is there anywhere it's clearly written that I can't switch from a tier 2 to tier 1 dependent? When you look at the eligibility criteria for a tier 1 dependent, the following comes:

"Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012
your relationship is genuine
you intend to carry on living together
you’re not using public funds"

Based on these conditions, I fulfil all criteria to apply as tier 1 dependent despite being on tier2? Do I?
Thanks.

[CR001]

You didn't ask about switching to Tier 1 Dep, you asked about applying as dependent at same time as your spouse applying for ILR. The way I understood your question, is that you wanted to apply for ILR at the same time.

If you switch to Tier 1 Dependent or FLR(M), it will reset your ILR clock to zero and you will have to wait a further 5 years before applying for ILR.

You qualify for ILR 28 days before 17 August based on Tier 2 General so I don't understand why you want to switch to any dependent status. You need to clarify your question for a reasonable response.

[docviv1]

Sorry for using the terminology vaguely.
I meant getting an ILR for myself (currently on tier 2) as dependent on my wife who is currently on tier 1 and applying for ILR. ( both applying at same time)
The eligibility criteria as mentioned above are for someone who intends to apply for ILR as a dependent on someone who currently holds tier 1, and making an application for ILR.
Do I sound any clearer?

[vinny]

CR001 is correct.

You may switch from Tier 2 to Tier 1 dependant. However, you won't qualify for ILR with your wife under 319E as 319E(d)(ii)[(b) and (c)] requires that the applicant must be have been granted leave as the partner during the entire specified period of 5 years.

[docviv1]

Thanks CR001 and Vinny so much for guiding me through. I won't have have ever found anything against applying as a dependent at the same time. You guys saved me.
Just one more advice regarding English language please.
Both me and my wife have done over bachelors in medicine in India. After coming here, we also did memberships of royal college. My wife has previously been granted points for masters degree in India when granted leave for the first time. (Tier 1).
Now this time in the form, there is no option of ticking the box: " previously granted points for some degree etc". Also, her degree doesn't appear in points calculator any longer either. ( nor do mine). Our memberships also are not enrolled on PBS calculator. Does that mean we have to give English language test despite previously been considered fit and having officially worked here in NHS for 5 years?