Applying for ILR separately

[samriti2u]

Hi,
I am on Tier-1 (expiring 26 Jan2013) and my husband is on Tier-1 dependent (expiring 26 Jan2013). I am going to apply for ILR in next few days but my case involves immigration officers discretion.Due to uncertainty in the outcome of my application I am thinking to apply alone as main applicant and not include my husband in my application. Can we apply separately for ILR? Will my husbands Tier-1 (dependent) leave remain valid after I get ILR? and can he later apply for ILR separately ? I'll simply be doing this to save on application fee just in case my application gets refused. Please advise.

[geriatrix]

Q13

[samriti2u]

Thanks Sushdmehta !

My husband is already eligible to apply with me but my question is whether his existing Tier-1 dependent leave remain valid once I (main applicant) get ILR separately ?
I would like to apply separately due to costs / IMHO discretion involved.

unfortunately, Q13 doesn't answer my query.

[geriatrix]

Not applying at the same time because ineligible = not applying at the same time for some other reason. The course of action depends on "not applying at the same time", which may be due to any reason.

Therefore, Q13 does answer your query!

[samriti2u]

Thanks for clarification Sushdmehta !

Will my husbands existing leave as Tier-1 dependent expire as soon as I get ILR or Will it remain valid until 26Jan 2013 if I get ILR in Sep 2012 ?

[geriatrix]

I believe he will remain legal unless his leave is curtailed (323) or expires or she's subject to removal. However, if he travels, then he may be refused entry because his circumstances (321A(1)) or purpose (320(5)) have changed.