ILR spouse dependent eligibility query

[a1s2s3]

Hello,

I was wondering if anyone could help me with this query.

Timeline

July 2017 - both me and my wife had own respective tier 2 visa for a year and entered country together and lived together(married years prior to that)

July 2018 - I renewed Tier 2 and wife became my dependent and has been dependent since then (total 4 years now).

I am eligible for and applying for ILR soon. Is my wife eligible for application as my dependent ILR as she has also spent 5 years on a tier 2 visa (independent + then dependent) ? Or does she need to have spent 5 years as my dependent.

Eligibility criteria on the gov website states:

-they have permission to be in the UK as your partner (as a ‘dependant’ on your visa)
-they’ve lived in the UK with you as your dependant for at least 5 continuous years

Thanks

[CR001]

Is my wife eligible for application as my dependent ILR as she has also spent 5 years on a tier 2 visa (independent + then dependent) ?

No she is not.

Or does she need to have spent 5 years as my dependent.

Yes.

Eligibility criteria on the gov website states:

-they have permission to be in the UK as your partner (as a ‘dependant’ on your visa)
-they’ve lived in the UK with you as your dependant for at least 5 continuous years

Yes, it clearly states 'lived in the UK as your dependent for 5 continuous years'. This refers to their immigration status as dependents, not simply being your dependent generally.

[a1s2s3]

Thanks for the reply, in that case our current visa is valid till July 2023, she is my dependent. But I am due to change my jobs soon, so I will no longer be working for the sponsor for current tier 2 visa. Does this affect her status? And does she need to apply for any other visa?

[CR001]

Does this affect her status? And does she need to apply for any other visa?

No and no.