Can dependent keep their current BRP while I switch to ILR?

[rafizy]

Hi,

I currently hold a Tier 1 (General) visa that expires in 2015, and my wife and child are on a Tier 1 dependent visa with the same expiry date. However, prior to switching to Tier 1, I was on a WP visa for more than 2 years and therefore I will be actually eligible to apply for ILR based on 5 years residency this summer. I'm trying to understand if I can apply for ILR only for myself at this stage. Will my wife and child be able to retain their current Tier 1 dependent visas, or do they automatically become invalid once the main applicant is no longer a Tier visa holder (i.e. once I switched over to ILR)? I know that technically they can elect to remain as PBS dependents even when I switch to ILR (for example, if they don't qualify for ILR) but do they actually need to take out a new BRP (given the change in my circumstances) at the time or can they just keep their old BRPs and continue to travel with them as long as they don't expire?

Also, when I submit my ILR application together with my passport + BRP, will anyone question why I didn't submit my dependents' passports and BRPs as well? The plan is that they will actually be out of the UK at that time and will renter the UK with their old BRPs, following which my wife may apply for ILR on her own, and my child will register as a British citizen (given he was born in the UK and I will have been settled).

Many thanks!

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants.

[rafizy]

Thanks, Vinny. I saw that before. However, it still wasn't clear to me if the dependents can keep their old BRPs or if they still need to apply for new ones once I switch mine.

[ILRdept]

@rafi, i am also in your same case. You can keep your dependant visas as it is until they get expired. Also they can apply ILR as soon as they are eligible.

No worries.