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Hello,

I am currently working in the UK under Tier 1 General migrant VISA.
VISA Is valid till June 2012.
I have lived in uk since Aug 2003 on several different VISA's.

I am eligible for ILR in June 2012 through Tier 1 general migrant visa.I am currently eligible for ILR as I have lived in UK for more than5 years with Tier 1,HSMP and work permit combined.

My wife came as my dependent in march 2010 and has visa valid till June 2012.She went to India in Nov 2010 for delivery of our baby and will be returning in June 2011(a total of 7 months)

If I apply for ILR now will my wife and son be automatically eligible for ILR or will they have to be in UK for a certain period of time.

Thanks for your advice.

Regards,
Adi

drradarsh wrote:My wife came as my dependent in march 2010

If this was her "first" entry in UK, then (under current rules) she will be eligible for settlement only in March 2012 (319E(d)).

Your child, however will be eligible for settlement if he/she returns to UK before you apply for settlement and is included in your settlement application as a dependant (319J).

Thank you sushdmehta for the kind reply.
Yes march 2010 was the first time she entered UK,so it looks like she will be eligible only in March 2012,but will it make a difference that during this period she has been away from UK for a period of 7 months.
The reason for her being India was the birth of our baby....

Regards,
Adi

drradarsh wrote:Thank you sushdmehta for the kind reply.
Yes march 2010 was the first time she entered UK,so it looks like she will be eligible only in March 2012,but will it make a difference that during this period she has been away from UK for a period of 7 months.
The reason for her being India was the birth of our baby....

Regards,
Adi

hi , the current Set (O) application form doesnot ask about dependant's out of UK details. I applied with my dependant who finished 2 years in UK and in between she was away from UK for around 8 months. I hope your dependants case should not be a problem.

Thank you so very much for that advice