ILR for Tier 1 Dependant (For my son who born outside of uk)

[ismee]

Hi there,
I am planning to apply for an ILR in april 2012 for myself. I had hsmp +tier 1 general visa for the last 5- years. My wife and my son, who was born outside of uk and is 2-yrs old now, joined me here as dependants on 19th july 2010. My wife visa was endorsed in april 2010 but she couldn't leave the country because of the delay in my sons visa till mid of july that year.We are expecting to have another baby in feb 2012 which is just two months before my extension. My questions are following.
1-Can my wife and son apply for ILR along with me although they haven't spent 2-years exactly in the UK. Although i can provide the documents for the proof of same address for the whole two years.
2- If not then what do i need to do to extend their visa as it is expiring at the same time as mine.
3-If i have to apply for the further extension for my wife then whether my son will be put as dependant on her application or mine.
4- what will happen with my new coming baby's visa etc.

I will really appreciate any suggestions in this regard.

Thanks.

[geriatrix]

When did you apply for HSMP approval?

[ismee]

Applied in Feb 07,
Got stamped in April 07.

Thanks.

[geriatrix]

If you wish to apply for settlement in April 2012, then:
1. No.
2. Your wife should switch to FLR(M) before her leave expires and include your child in her application.
3. As above.
4. Depends on where the child will be born. If in the UK, the child will not need a visa to remain in the UK.

Alternatively, you may wish to defer your settlement application until your wife qualifies for settlement (July 2012) .... if your current leave doesn't expire before then.

[ismee]

Thanks a lot for your reply sushdmehta.
thats very helpfull.
Just another question.
My visa is expiring on 4/4/12 after 5 yrs of hsmp and tier 1. What options have i got in case if i want to apply for indefinite along with my wife and kids in july. like what category shall i switch to etc.
what would you recommend in this situation.

thanks.

[geriatrix]

My visa is expiring on 4/4/12 after 5 yrs of hsmp and tier 1.

In such case, you should apply for settlement before the leave expires.

[ismee]

Thanks a lot for your help.