ILR eligibility of dependents

[britisher]

Hi,

Firstly, my sincere apologies if this question sounds like a repetition to a millionth time. I did try and go through the FAQs. Many of them were "Kind of" similar scenarios. However, my situation is not exactly identical. There is a subtle difference in it which I suspect could be key differentiating factor.

My question is purely on ILR eligibility of my wife particularly around the new rules in force since 09-Jul-12.

Here are the details:

Oct 2010: My Wife got her first UK Visa as dependent of Tier 1. Expiry date: Jan 2013.
Apr 2011: She left to India to have baby.
Oct 2011: I got my ILR.
20 Jul 2012: Wife had to apply for spouse visa (i.e. again "Entry clearance" though she had visa that expires Jan 2013) to get Visa for our baby. This is because baby would be given visa only if both Husband and Wife are on same type of visa.
Oct 2012: Wife and Child got the Visa and came down to UK.

Now my question is:

Will my wife be eligible for applying ILR based on rules prior to 9 Jul 2012 since she already had dependent visa prior to 9 Jul 2012.

OR

Will she NOT be eligible due to her Entry Clearance as spouse Visa obtained for the second time after 09 Jul 2012? Please note that she left UK and them came back in. Would her previous status get discounted due to her second visa resulting her not eligible for applying ILR under old rules (i.e prior to 09 Jul 12)?

Please help.

[Damanisshallo]

Oct 2010: My Wife got her first UK Visa as dependent of Tier 1. Expiry date: Jan 2013.
Apr 2011: She left to India to have baby.
Oct 2011: I got my ILR.
20 Jul 2012:

Will she NOT be eligible due to her Entry Clearance as spouse Visa obtained for the second time after 09 Jul 2012? Please note that she left UK and them came back in. Would her previous status get discounted due to her second visa resulting her not eligible for applying ILR under old rules (i.e prior to 09 Jul 12)?

Basic rule of the thumb - A new visa always supersedes the old visa.

In your case, if you applied for ILR and were granted then the ILR invalidated your Teir1 general. This could be the reason why they asked your wife to apply for Entry Clearance. Now refer to this page

[britisher]

Hi Damanisshallo,

Thank you very much for your views. The response makes complete sense. My wife's first visa(Tier 1 General dependent) was completely valid till its end date (Jan 2013) even though my visa status moved to the next level (i.e. ILR obtained on Oct 2011).

She had to apply for new Visa because of my child. If a child needs to be issued visa as dependent then visa of both parents should be consistent. If it wasn't for the child, wife could have very well traveled into the country on her first visa itself with all confidence from UKBA.

I am trying to see if there is any slightest of hope that she can get ILR based on her first Entry Clearance. The reason is obvious, I would prefer to save ££££ cost it takes to renew and the additional years of wait to endure.

Thanks in advance.