HELP: Extension of visa for spouse of Tier - 1

[vp2008]

I have quite a peculiar situation with respect to my spouse's and child's visa. Any guidance and help will be hugely appreciated .

I had traveled to UK with my spouse and child on a work permit in Nov 2004 and returned in Oct 2005 owing to my family situation.
Then I was deputised to UK again in Nov 2006 on a work permit. My spouse and child had a dependant visa stamped, but did not travel with me.

I returned to India and got HSMP approval, changed my job and re-entered UK in Feb 2007. My spouse could not apply for an entry cleanrce along with me becuase her passport had gone for renewal. Later when she tried applying entry clearance my spouse inquired and told by UK consulate in Mumbai - India, that she can travel on existing entry clearance. So they (spouse & child) traveled to UK in April 2007. I had travelled with them for this journey and there were no problems at passport clerance at airport.

Now entry clearance of my spouse and child expires in Nov 2008, while my entry clerance expires in Feb 2009. When I contacted visa enquiries section of Borders and Immigration Agency (BIA) about how to get my spouse & child visa extended to coincide with my visa, the person there says it cannot be done while in the UK and they have to return to India.

When I go to BIA website, it does have a form (tier-1 dependants form)for PBS dependant (seperate from main applicant). My question to forum members and experts is, can I apply using the form and get my spouse and child's visa extended till Feb 2009? After which I will include them in my PBS Tier - 1 (General) visa extension application anyway?
If I can use this form to apply, how early can I apply, considering their (spouse & child) visa expires only in Nov 2008.
Most importantly what is the status of my spouse and child right now?

Many thanks in advance.

[vinny]

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