Tricky situation - Please suggest.

[gujalls]

Hi,

Myself and my family are currently under Tier-1 visa and eligible for ILR from this July.
We three have Tier-1 Visa valid till Oct 2016 and eligible for ILR from July 2014.
Son born here. Wife has been with me all these years from 2009.

Due to some specialist treatment required for my 2 1/2 yr old son, my wife and son has gone back to India in Feb 2014. With the current situation the suggested is for them to be in India at least 6 months.

Situation:1
Should I bring back my wife & kid by May 2014 (within 3 months) and wait till July; apply for ILR and then send them back to India. But I don't want to go in route since a break in my son's treatment could cause issues.

Situation:2
Should I bring my family on July; apply for ILR in July and send them back quickly. I'm not sure if there is any restriction for dependent to be more than 90-180 days coz I could not find a place in the application asking for dependent out of country details.

Situation 3:
Since we have visa till 2016. I can alone apply for ILR and then get the naturalization next year 2015. After which I can bring my family and then apply for their ILR or dependent extension. Don't know if this is allowed.

If Situation 3 is allowed/possible, then I will go with this one or followed by Situation 2 and then Situation 1.

Please suggest which will be the rightful decision to make inorder for settlement here in UK.

Thanks for your suggestions and responses.

[newbie_t]

Personally I think Situation 2 is better, there is no such 90-180 days restriction for dependents for ILR (but for citizenship there is, as they are not dependents anymore)

[mightypower]

Whats stopping you in applying 3?

As long as they have valid PBS Dependent visa doesnt matter if you have switched to ILR or stayed on PBS.

[gujalls]

Thanks for your response.
Glad to know that there is no time restriction for ILR dependents.

So, if I go for option 3 then my dependents will still be able to apply for ILR ??
And the case worker will not force us to take the dependents under Tier-1 extension rather than giving ILR due to long absence??

[mightypower]

Dependants does not have any rules for absence but the absence should be for important reasons... as you are stating its for medical reasons they should be not having any issues.