Tier1 dependent form filling question

[jimmymcad]

Hi experts,

My friend's wife is on student visa, and he is applying for tier1, switching to tier1 from IGS.

He is applying with his wife and a kid.(dependants)

While filling the dependant form,

Under Immigration History - D1, did the dependant obtain entry clearance or a visa before entering the UK,
There is a checkbox to fill.

There is a note beneath,

In order to qualify for further leave to remain in the UK as a dependant of a person under the point based system, the individual must have either travelled to the UK with entry clearance, as a dependant of the main applicant; or have been last granted leave to remain as a dependant of the main applicant in a qualifying category. If the dependant does not meet either of these criteria, it is likely that his/her application will be refused.

My question is:
1. Should he tick on the chcekbox as his wife here on studentvisa which meant she has obtained the entry clearance?
2. The note beneath mean for FLR, it has nothing to do with if switching for the first time to tier1. Please confirm

many thanks in advance.

[geriatrix]

The note beneath mean for FLR, it has nothing to do with if switching for the first time to tier1

The note offers crucial information that both you and your friend have failed to understand.

My friend's wife is on student visa, and he is applying for tier1, switching to tier1 from IGS.

If your friend's wife is in UK on student visa, then the note is most relevant for your friend (and his wife) as it re-iterates that your friend's wife is not eligible to switch to Tier 1 dependent visa from within UK. See Switching in to dependent route

Is the child in UK on a student dependent visa or IGS dependent visa?? If the former, he (child) will also not be able to change to Tier 1 dependent status from within UK.

It is important to read the guidelines *carefully* and understand their meaning, before getting to the form filling stage.

regards