Does dependent visa gets invalid if main applicant get ILR?

[sreepada]

Hi,

I am currently holding a Tier 2 ICT (valid till Mar 2014) and am planning to apply for ILR by 2nd week of Feb 2013.

My wife is currently in UK on a Tier 2 dependent visa which is valid till Mar 2014 . She has been here for more than 2 years and hence eligible to apply for ILR along with me. She is currently pregnant and our first baby is due in March 13.

We live in Leeds and dont have a home office close by (other than sheffield where the appointments are too few) and I dont want her to travel in her ninth month for the PR.

So I am planning to apply for ILR for just for me.

My query is, if I get an ILR in Feb '13, does that nullify my wife's dependant visa (Tier 2 dependent she is currently on). I remember seeing some where that, as my wife's visa is based on the validity of my current Tier 2, as soon as I get ILR, the Tier 2 dependent visa would lose its validity.

Is that right? Or can my wife remain on the dependent visa until 2014 which is when it is due to expire.

Thanks in advance for the forum members, for any suggestions you are able to provide.

[wpilr_nov12]

http://www.immigrationboards.com/viewtopic.php?t=79378

Q12 onwards might be a useful read in your case.

[sreepada]

Hi wpilr_nov12,

Thanks for the reference. I did have a look at it before I raised this query. The below lines seem to suggest that, the dependent's visa would still be valid even if the WP migrant moves to ILR status. Is my understanding right. IN such a case I will apply for ILR while leaving my Wife on WP dependent visa until it expires.

Apologies, if it is me , not being able to understand. But just want to be sure than assuming.

If for any reason dependant has not applied for settlement at the same time as WP migrant but has valid WP dependant leave, the dependants may apply for settlement directly (i.e. - without switching to FLR(M)) after the WP migrant has received settled status (under any route) (196D). Such an application must be made before their WP dependant leave expires.

[kiranchinnu]

Hi wpilr_nov12,

Thanks for the reference. I did have a look at it before I raised this query. The below lines seem to suggest that, the dependent's visa would still be valid even if the WP migrant moves to ILR status. Is my understanding right. IN such a case I will apply for ILR while leaving my Wife on WP dependent visa until it expires.

Apologies, if it is me , not being able to understand. But just want to be sure than assuming.

If for any reason dependant has not applied for settlement at the same time as WP migrant but has valid WP dependant leave, the dependants may apply for settlement directly (i.e. - without switching to FLR(M)) after the WP migrant has received settled status (under any route) (196D). Such an application must be made before their WP dependant leave expires.

@sreepad your right .