Tier 1 and Indefinite leave to remain

I was given entry clearance under HSMP on 14/03/07 and I came to UK on 25/04/07 and my visa expired on 14/03/09. However, my 2 dependants came to the UK before me on 05/04/07. Recently, we renewed our visa to Tier 1 with new expiry date of 14/03/2012 and valid from 14/04/09.

Please can someone tell me
(1) if I will be eligible for ILR before the expiry of the current visa.
(2) it seems that my dependants will be eligible before me but can they apply for ILR on their own?
(3) Going by the 28 days rule, I am having a shortfall of 14 days, does this mean that I have to do another Tier 1 extension for 14 days before I will be eligible for ILR. If I do, I may be eligible for ILR before the new Tier 1 extension is decided.

Experts, please help me.

Based on current legislation it does look like you will be a couple of weeks short. You maybe be able to get away with it if the HO staff excercise some discretion.
Your dependents are only eligible for ILR when you are eligible. They have to apply with you or after you. You took a big risk by allowing them to travel b4 you.

Thanks. But I am wondering if it is possible to get away with another Tier 1 extension as the last one was a very big stress. If I am going to make another extension, will I be eligible since I applied under the old rule (no Masters Degree)? Moreso, do you think that I may have a chance by using postal application instead of PEO as my qualifying period will be reached before the decision is taken.

freedom wrote:Thanks. But I am wondering if it is possible to get away with another Tier 1 extension as the last one was a very big stress. If I am going to make another extension, will I be eligible since I applied under the old rule (no Masters Degree)? Moreso, do you think that I may have a chance by using postal application instead of PEO as my qualifying period will be reached before the decision is taken.

This is now in the future (3years time) so a lot can change between now and then, however i would advise you to read the numerous posts here which have been affected by the Judiciary review following the changes for extension requirements.

With regards to PEO, who knows maybe in 3years time there wont be such a thing or all applications will be made this way. Personnaly i would use PEO and in case things go wrong i will have time to use plan B

Thanks. I do hope that future changes will not have adverse effect.

freedom wrote:I was given entry clearance under HSMP on 14/03/07 and I came to UK on 25/04/07 and my visa expired on 14/03/09. However, my 2 dependants came to the UK before me on 05/04/07. Recently, we renewed our visa to Tier 1 with new expiry date of 14/03/2012 and valid from 14/04/09.

Please can someone tell me
(1) if I will be eligible for ILR before the expiry of the current visa.
(2) it seems that my dependants will be eligible before me but can they apply for ILR on their own?
(3) Going by the 28 days rule, I am having a shortfall of 14 days, does this mean that I have to do another Tier 1 extension for 14 days before I will be eligible for ILR. If I do, I may be eligible for ILR before the new Tier 1 extension is decided.

Experts, please help me.

You mean your dependents entered UK before you did?

Yes