Dependents dilemma for ILR applicant

[saleemd]

Dear Members,

Need an advice.

I have applied for the ILR in April this year and still waiting for a decision. My wife and daughter's ( born in the UK) visa expires with me on the 28th October 2017, they are the on Tier 1 General Dependent Visa.

If I don't get a decision by the 28th October what should i do ?? apply for the dependent visa for both of them or send them back home and re-apply from abroad once i get my ILR.
Also if my visa gets rejected before the 28th October, can i still apply for there dependent visa??

If i do send them back will my wife lose the 5 year ILR status as she has spent 4 years in the UK.

Please advise what legal options i have?

Many Thanks

[CR001]

How long have they been in the UK (date of entry as PBS Dependents)??

Also if my visa gets rejected before the 28th October, can i still apply for there dependent visa??

No you can't, they won't qualify for a PBS dependent visa because you won't have PBS status if your visa expires and you cannot extend your visa.

[saleemd]

Thanks CR001, you're always very helpful.

My wife got the visa on 02.02.2013 but came to London in August, my daughter born in UK was given a visa in March 2016 up till 28 October 2017.

So if i get a rejection , i would have to send them back or apply right now for the dependent visa as my ILR application is still under review?? if i send them back will my wife have to do the 5 year all over again if i get my ILR. please confirm

thanks

[CR001]

If you apply now, you have to state that your decision on ILR is still pending and to consider theirs once your ILR is decided. Your dependents application will be put on hold.

If your ILR fails, their dependent visa extension will also fail.

[saleemd]

OK got it thanks, much appreciated.