Tier 1 -> ILR, what happen to my dependant?

[jessica_halida]

Hello,

I've a little bit of a doubt here and wondering whether any board members or seniors can help me.
I am on Tier 1 General visa, and on May 2012 I'll be eligible for my ILR. I have one dependant (my son, who born in UK) on my current Tier 1. My husband is on his own Tier 1 (PSW) visa until end of 2012.

My question :
1. My son will be eligible for British Citizenship when I got my ILR approved. Am I right?
2. If I apply a dependent visa for my husband, when I get my ILR, can he continue on holding on his dependant visa or he had to apply for spouse visa?

Thank you!
Jessica

[geriatrix]

1. Yes.
2. Maybe, maybe not.

[jessica_halida]

Thanks Sush,
That's indeed very helpful. Since on my position my husband is still holding Tier 1 PSW, probably it is saver for me just to leave it as it is and apply a spouse visa for him when I get my ILR (I am trying to avoid paying for visa twice, one for Tier 1 dependant and one for spouse visa).
I hope the rule will become more certain in a few months.

[Greenie]

how long have you and your husband been living together in the UK as a married couple/in a relationship akin to marriage?

[geriatrix]

how long have you and your husband been living together in the UK as a married couple/in a relationship akin to marriage?

The husband holds a Tier 1 (PSW) leave but is working abroad.

[jessica_halida]

My husband was actually working abroad from Sept 2010.
He was in UK since Sept 2005, under Student visa and then Tier 1 PSW. He was working here for university on PSW before his current job.
So to summarise :
Sept 2005 - Feb 2010 (Student Visa)
Feb 2010 - Feb 2012 (Tier 1 PSW) - left the country and back every 3 months basis since Sept 2010.

We were married on Aug 2003.
Will this facts help me to decide anything differently?

Thank you,
Jessica