ILR for tier 1 dependant

[pat208]

Hello all..I am a new member on the forum..Have been reading the forum for a while now and I would like to say that this forum is a great help for people like me..Now my query is

I am on tier 1 general visa (main applicant). My current leave expires is April 2013. I will be completing 10 years in the uk next month and would like to apply for ILR under 10 year residence category. I have two dependants my wife and my son who was born here in the uk in Nopvember 2011. My wifes dependant visa is also expiring with me in April 2013. Back in Feb 2012 due to some family reasons my wife had to travel to India by then we hadnot applied a dependant visa for our son although we did have his indian passport made..As this travel came unexpectedly and was urgent we didnot have time to apply visa for our son and my wife travelled with my son to india...She was only supposed to be there for 1 month and come back but then due to some personal and medical reasons she had to stay there longer and she is still there with my son..During this time i visited them twice..My wife joined me in the uk shortly after our marriage in october 2009 when i was on psw visa and she got her psw dependant visa from india..Later on I switched category in to tier 1 general visa and she got her tier 1 gen dependant visa...Now my question is can she apply for ILR with me next month from here in the uk? If yes does she have to be in the uk to apply for ilr or she could do that from india? Is this gap of about six months going to be a problem for her ilr application? Basically what is the best option for us?

Thanks for ur time..Will appreciate ur help.

[ak145m]

mate as far as i know, you should apply for ILR specially as they still have time left on their visa, once you get settlement , you can apply for british passport for your child and your wife will have to apply on flr m visa.