Immigration question:

• I am working in the UK since 7/7/2009 with a Tier 2 Visa to start with. My wife accompanied me since then. We changed together to Tier 1 visa(and wife as dependent) on 23/3/2010. • My wife went to India for a course of 5 months from 2/12/2010 till 11/05/2011 before coming back to the UK. • She went to India again on 24/08/2012 for maternity reasons. While in India, her Tier 1 Visa expired on 23/03/2013. I was in UK at that time and was able to extend my Tier 1 visa till 19/04/2015. We couldnot extend the visas together without a break as my wife was in India. • Our daughter was born on 6/5/2013. • Only then we could renew the Tier1 dependent visa for my wife and got a new visa for my daughter while in India. The surname of my wife was also changed (to spouse surname) and this required the renewal of the Indian passport. This was all done together by June 2013. • They have come over to the UK only now in August 2014 to join me. I would appreciate if you can clear my queries below. o I am now due for the ILR from 7/7/2014 onwards. I was wondering if there is anyway my wife and daughter can also apply for the settlement along with me. Would you please advice me regarding this. The Points against my wife's eligibility would be a) Absence from the UK for 5 months from first arrival to the UK from 7/07/2009 till 23/08/2012. In between we had minor travel outside the UK (not more than 3 weeks) b) The absence of my wife for nearly 2 years from the UK (23/08/2012 till 4/08/2014.) but after living in the UK for more than 2.5 years. c) The break in the continuous leave from 23/03/2013 till 20/06/2013 (3 months ) as her visa expired while she was in India. Hence not unlawful. Regardless, she has fullfilled the requirements for the PBS dependents to apply for the ILR when initial leave was granted before 9/07/2012. My worries would be the above points may counter her eligibility in any way. o If this would not be possible, what are the alternatives for them. Would you advice me to go ahead and apply for the ILR or wait until the expiry of our visas? If so would the validity of the dependent visas be affected? Can they travel in and out of UK till 19th April 2015 when their Tier 1 visa expires. o How long they would have to wait till ILR application is possible. Would they have to wait for another 5 years with FLR applications? o If my wife is not eligible, would my daughter be eligible now for ILR as my wife is lawfully living in the UK till April 2015? My daughter only travelled to the UK for the first time by 4/08/2014. Please advice if my wife and daughter can apply for ILR with me as I see the rule 319(d)(i) is completely with my wife.

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