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So, the other day i had a game were it was me playing orks vs my buddies tyrinids. mid way throught the game i manager to get Zogwarts curse off on his flying hive tyrant.... while flying. does he turn into a squig before or after falling from the sky?

The curse cannot affect Hive Tyrants as they are not ICs.

I took a look at the two codex's and can confirm it is not valid target choice. Which is sad as I would of liked to see many humorous things occurring in our little grim-dark universe. It would of been even more hilarious if he passed the grounding test, which he would take for being hit.

I do have to ask, are there any Independent Characters within the Tyrinids army?

There are two. The Tyranid Prime, and the Parasite of Mortrex.