Urgent Help pls: Switching from Tier2 to Tier1 Gen Dependant

[chetansharmabhopal]

Hello Immigration Board

Here is my situation,

I am in UK on Tier 1 General, 1st granted on 25th August 2009 so eligible for ILR in August 2014.

My wife is currently on Tier2 ICT granted on 1st of March 2009 also eligible for ILR but couldn’t apply as no employer confirmation letter due to her company policies. My son born in the UK in 2012 is also dependent on my wife’s visa. Her visa is due to expire on 25th July ’14 and company refused to extend any further.

I plan to move them on my dependent before her visa expiry, which I understand can be applied from within the UK as of 1st Oct ’13. And plan to apply together for ILR later in month of August ‘14

I have few concerning unanswered questions as below.
1. Which application form to be used for switching visa status between Tier2 ICT to Tier1 G dependent?
https://www.gov.uk/government/uploads/s ... _04-14.pdf- is this the right form?
2. Do I need to apply for my son now as dependent or can I apply for him directly during my ILR?

Any help will be great!!

Thanks
Chetan

[CR001]

Your wife cannot apply for ILR with you if she switches to T1 dependent. She will have to complete 5 years as she has not been in a dependent category based on your visa before. She can also switch to FLR(M) - spouse of person settled - once your are granted ILR.

Your son can skip ILR as he was born in the UK and once you are granted ILR, can apply for citizenship on MN1 under section 1(3) which is an entitlement to register as British.