Dependant ILR - Wife & Child with less than 2 yr UK stay

Currently I am on Tier 1 visa issued on feb 09.My first residency visa was HSMP visa on feb 05 for 1 year ,then i applied and successfully got it extended from feb 06 - feb 09.My status changed when I applied for next extention in Dec 08.

Now i want to apply for ILR.I went through your website ,according to it I come under ' Judcial Review '.

My question is in regards to dependants:

1. My wife came to UK as HSMP Dependant in year sep 2005 and got HSMP extension with me from Feb 06 - Feb 09.She later went to india Feb 07 and returned UK April 08 .She applied for extension with me in Dec 08 and got the Tier Dependant Visa from Dec 08 - feb 12.Later on she went to india again on feb 2009 and came to UK sep 2010.

With this pattern ,Is it OK for me to include her in my ILR Application as a dependant under judical review (stating her intial visa was issued under 05 HSMP Dependant category ).

Could you please guide me in this regard.

2. My Daughter was born in India on August 2007 then came to UK on April 08 under 'Visa HSMP Child' type ,later went to india on Nov 08.Now she is UK ,came on Sep 10 under 'Visa tier 1 (general) child'.

With this pattern is it OK for me to include her in my ILR Application as dependant .

Could you please guide me in this regards as well.

It would be great support if you could guide on these 2 issues.

Hoping for a soon reply.

Both child and wife should be okay.

However, see also Got my ILR BUT Wife ILR refused - HSMP JR PEO @CROYDON.

Thanks Vinny , I am going for the interview tomorrow .
Can I use the Argument that my wife & Daugther been an HSMP Dependant once in their Immigration status.

As per judicial review document for HSMP, your dependents automatically get the same status as you ie ILR.
However some people have had refusal, it is advisable to carry a copy of the HSMP document, to show to case worker , if required. I can tell you from personal experience that some case workers are not aware of all the contents of this document.
All the best.

I had an appointment at Croydon PEO on Wednesday 01/12/2010 at 11.15 , I arrived there just 15 minutes before ahead of time along with my wife & child.( snow was a foot deep outside )
• Pre –Security queue wait time: 30 min
• Security checking: 5 min
• Entered in 1st counter: 30 minutes. (document verification took time)
• Cash counter to get confirmation of payment clearance (1st floor): 10 minutes.
• Waiting in the waiting area: 15 min
• Interview: start at 12.00 - took 2 hrs ( not many question except Child details )- Long document & detail verification
• Passport took: 1 hr recess for stamping ,Went back at 15.10.

> Received the passport with stamping

Summary:
It has been a straight forward process. Obviously quite happy with outcome.

I would like to thank for the support and information i received from forum member in regards to my preparation .

You havent said if your dependents got ILR at the same time but I am assuming that they did.
best regards

Yes