WP Dep partner going on own Employer sponsored category

[wpilr_nov12]

I am presented with a tricky situation -

I am on WP and will be applying for ILR on/after second week of Nov (leave expires 6/12/2012), with one dependent (partner), and all criteria are met.

As a precaution, my partner is looking into if she can get into employer sponsored scheme (I am unsure of which Tier label it is), and her HR and Mgt have tentatively agreed to it, and willing to process in August.

My questions are:

(1) Does she have to IMMEDIATELY change her leave to being independent status as appropriate for the Tier, and myself to her dependent?

(2) If ILR is refused, and my partner has the appropriate employer sponsorship equivalent to a WP, will we be OK status-wise if she (and me ad dependent) applies in-country by post for a new Leave before current leave expires? Or does this have to be done from outside of UK?

(3) If you have got the gist of my situation, but if I am overlooking something, or not framing the questions right, would you enlighten me please?

We want to keep this option open just in case ILR is not approved in Nov, with current leave expiring 6 Dec.



Thanks

[geriatrix]

1. No. When she wants to change from dependant to principal migrant is her choice. But do note that an application must be submitted within 3 months of the CoS being issued / assigned.
2. Neither of you can change your immigration status (from dependant to principal migrant or vice versa) through an in-country application. Therefore, your wife will need a "restricted CoS" to apply for entry clearance as a Tier 2 migrant.

[wpilr_nov12]

Thanks for the reply.

That helps a lot.