Tier 1 General ILR application without including dependents

[Viks14]

Hi,

I hold a Tier 1 General visa (valid until Nov 2017) and I am currently eligible for ILR. My wife and Daughter hold Tier 1 General Dependent visa (valid until Nov 2017) and they are also eligible to apply for ILR along with me. However due to wife's medical reasons they are currently in India and will not be returning to the UK until June 2016. Please could you help me with the following queries as it will help us to take the right decisions.

1. Can I apply for my ILR independently now and apply for their ILR when they are back in June 2016?

2. If I obtain my ILR, Does my wife and daughter's current leave as Tier 1 general dependent stay valid? i.e. can they enter/remain in the country until November 2017 on their current leave?

3. When I apply for their ILR separately, do they check for number of days of absences from the UK for my wife?
(My wife's dependent visa was granted in November 2010 and she has been staying with me in the UK since April 2011. I have cohabitation documents for more than 2 years. She was away for 8 months in 2015 for delivery and she will be away for the next 6 months now due to medical reasons. I have medical records from both NHS & Indian hospitals if that helps to support her reason for absence from the country).

Appreciate a quick response

Many Thanks
Vikram

[CR001]

1. Yes

2. Yes and yes

3. There is no absence limit as such for dependents but you will have to prove subsisting marriage (whatsapp, skype, call logs, visit to them etc) plus the cohab docs for the two years immediately before they apply for ILR. Medical letters are good. Suggest she apply next year once she has a bit of residence behind her in the UK rather than come back after a long absence and risk refusal.

[Viks14]

Thanks alot for your quick response. Much appreciated.