ILR and spouse staying on Tier 1 Dependant

[imtiyazm]

Hi Guru's, I have a certain situation here where I am requesting help. My details as below

30 Apr 2009 to 12 May 2011 - Tier 2 (Intra Company Transfer)
12 May 2011 to 30 March 2013- Tier 1 General
30 March 2013 to 12 May 2016- Tier 1 General Extension

My wife came to the UK as below

26 Jan 2011 to 23 July 2011 - TIer 2 dependant
23 July 2011 to 29 Jan 2012 - Away to India for over 6 months
29 Jan 2012 to 30 March 2013- Tier 1 General
30 March 2013 to 12 May 2016 - Tier 1 General extension

However I will be eligible for ILR in May 2014 and I guess my wife will also be eligible for ILR with me.
But, Can I apply ILR for myself and keep my wife and son on Tier 1 General Dependant until next year(2015).
This is so that I can save some money on ILR.. Please let me know if the question isn't clear.

[vinny]

Possible.

[imtiyazm]

Thanks for your quick response, much appreciated.

Sorry 1 last question, this means if I get my ILR(and provided I am granted ILR), if I travel outside the UK my family's visa status is as below

myself - ILR
wife- Tier 1 dependant
son- Tier 1 dependant

Will me and my family be able to come back to the UK? or will be questioned for my wife's and son's visa status?

[vinny]

Should be okay.

[imtiyazm]

Many Thanks Vinny, you have been helpful.

One last question, next year i.e.. 2015(provided I get British Citizenship after my 1 year on ILR) and my wife and son are still on Tier 1(it expires for them in May 2016).
can I then apply my wife and son directly to naturalisation i.e.. without ILR. Is this acceptable?

[vinny]

No. Wife requires ILR prior to naturalisation.
Son's ILR is also expected, unless he was born in the UK.

[imtiyazm]

ok fair enough, so I was completely wrong then.. I will apply ILR for all of us now to keep the process simple.
Really speaking it has been a great advice, much appreciated.

[fwd079]

Hello experts.

A silent reader here for past few years and must admit its the most helpful site in reaching my little daughter's and my ILR. Thanks

My little girl was born outside but got ILR with me on 10 Oct 2013, I forgot and then claimed benefits for her on my name starting last month March 2014 with three months back pay. I don't think this child benefit information matters but stating it here regardless. As again this site helped a lot.

My situation:

My wife got Tier 1 PBS-Dependant visa in Feb 19, 2012, she got an in-country Tier-1 PBS-Dependant extension of three years valid till 17th Oct 2016. She will have completed her 3 years in March 2015. She only trip abroad is in future in January 2015 and after her arrival back here in March 2015, I am thinking of applying for her visa (before or after my British nationality while she is away).

So a (lengthy) question please:

Q. Should I apply for her ILR-dependant visa in 2015 or should I get my British Citizenship first? If Citizenship first then how can I save time on her route to Citizenship?

Any help is greatly appreciated.

Regards.

[Amber]

She only needs to a be a PBS dep for 2 years not 3, so should be able to settle now. B1 English and LIUK required.

[fwd079]

She only needs to a be a PBS dep for 2 years not 3, so should be able to settle now. B1 English and LIUK required.

Many thanks Amber,

Due to financial difficulty I cannot apply her visa straight away as she wants to go see her parents first.
Her LIUK is done (at extension time) and B1 English requirement will be done later this year.

So this will make her ILR and next year a citizen (all things going according to plan). Which I believe is the quickest route. Many thanks again for prompt and helpful guidance.

Regards.

[fwd079]

She only needs to a be a PBS dep for 2 years not 3, so should be able to settle now. B1 English and LIUK required.

Many thanks Amber,

Due to financial difficulty I cannot apply her visa straight away as she wants to go see her parents first.
Her LIUK is done (at extension time) and B1 English requirement will be done later this year.

So this will make her ILR and next year a citizen (all things going according to plan). Which I believe is the quickest route. Many thanks again for prompt and helpful guidance.

Regards.

Hi again,

Sorry to bother again, now its time for me to apply for Naturalisation, as told above my wife will apply for ILR later, my 3 years old daughter had ILR with me, so can I include her in my citizenship application? How risky is that?

Many thanks again for guidance.

Regards.

[fwd079]

UPDATE:

Hi,

Just an update on it, I spoke to a friend of mine who had identical situation with son born outside UK and wife on dependant visa, he applied for his BC and his son's at same time and both got citizenship.
On this information I'd risk the case now, its due in 10th Oct 2014, so will paste updates accordingly for benefits of readers.

Any guidance in this will always be appreciated.

Regards.