Post
by geriatrix » Tue Jan 12, 2010 3:58 pm
How long has you wife stayed in UK with you as a dependent? (Assuming you were on Tier 1 / HSMP before ILR) If she has spent 2 years as your dependent then she would be eligible to apply for ILR. In that case she could return to UK on her current dependent visa and then apply for ILR from within UK.
If it's not been three years yet, she can return to UK on her current dependent visa. This said, I am not sure if there is a legal requirement for your wife to change / switch her status from dependent of HSMP/Tier 1 to that of spouse of a permanent resident or if she can continue to stay in UK as a dependent of Tier 1/HSMP until the time she becomes eligible to apply for ILR.
With regards to your child, he/she will need entry clearance to enter UK as a child of permanent resident. One your wife gets her ILR, I believe your child will then immediately become eligible for permanent residency.
regards
Last edited by
geriatrix on Wed Sep 26, 2012 7:18 pm, edited 1 time in total.