My wife's ILR - initially was dependent on my Tier 4 and now on my Tier 2

[musab860]

Hi All,
Firstly, I do appreciate your help and guidance for this topic.

My wife first arrived to the UK on 01/05/2014 after been granted Dependent visa (on my Tier 4 visa) on 25/02/2014. We both live together in the UK since May 2014. Later, I switched to Tier 2 visa and she was granted her Dependent visa on my Tier 2 visa on 21/05/2017. Therefore, she spent more than 3 years as dependent on my Tier 4 student visa.

On September 2020 I will complete 10 years living legally in the UK on different visas. So I am applying for my ILR. By then my wife will have 3 years stay as Dependent on my Tier 4 visa, and another 3 years stay as Dependent on my Tier 2 visa.

I am not sure how and when my wife can get her ILR. Specifically:
- Does her 3 years stay as Dependent on my tier 4 visa count towards her application to ILR?
- Considering her 3 years stay on my Tier 2 visa (by the time I get my ILR), does this mean she only needs another 2 years (to complete 5 years as Dependent on Tier 2) stay as Dependent on another Tier 2 visa (which I will have very soon but before applying to my ILR)? or should she apply for a Spouse visa (there's a risk this could reset her clock and start fresh for another 5 years route).

I look forward to your advice.

[CR001]

If you apply for ilr based on 10 years long residence, she cannot apply for ILR as a PBS dependent, the rules do not permit it. She has to apply for a spouse visa on FLR M and meet the English and financial requirements. This will reset her 5 year ilr clock.