Can my wife apply for ILR with me?

[ajayajay]

Our case is a bit complex, our visa status change too much as below:
12/2008 My wife: Tier 2 (G); Me: Tier 2 (G) dependent;
09/2009 My wife: Tier 2 (G); Me: Tier 2 (G);
01/2010 My wife: Tier 1; Me: Tier 2 (G);
11/2012 My wife: Tier (G) dependent; Me: Tier 2 (G) till now.

I am going to apply for ILR on 09/2014, can my wife apply for ILR with me? [and my wife left uK from 11/2011-07/2012 with valid Tier 1 visa due to baby's illness].

I checked the Home Office website, it is said that:
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Can your dependants apply for settlement?
At present, your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement. Your children can apply for settlement when you and your partner have either.
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I am not sure if my wife can apply for ILR with me based on the above rules? Hope anyone can give some clues. Many thanks.

[Amber]

If your spouse became a PBS dep after July 2012, she'll have to stay as a PBS dep until she completes 5 years I'm afraid. Was your child born in the UK?

[ajayajay]

If your spouse became a PBS dep after July 2012, she'll have to stay as a PBS dep until she completes 5 years I'm afraid. Was your child born in the UK?

Thanks for your reply. But based on my understanding, it said that At present, your partner must have lived with you in the UK for a minimum of 5 years or 2 years, which means there are two options, if we go for the first option, is it will be OK? Since my wife and I got married before we moved to UK in 2008, and we have been in UK for more 5 years when we apply for ILR in next August.

Yes, Our child was born in UK.

[vinny]

Unfortunately, Amber is correct. if she initially applied to be your dependant on/after 9th July 2012, then 319E(d)(ii) is also applicable.

Your UK born child will be entitled to register for British citizenship after a parent is granted ILR.

[ajayajay]

thanks Vinny. My wife and I read the rules that you listed for 319E(d)(ii), but we can not find any specific information that my wife must be my dependent for continuous 5 years before she can apply for ILR. We both (married) came to UK in 2008 and I was an dependent. In Nov. 2012, my wife initially become my dependent. But we have been in UK for more than 5 years in Next August. As for 319E(d)(ii): Where is the specific information that my wife can not apply for ILR with me? Thanks for answering.

(a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e), and

(c) have spent the remainder of the 5 year period, where applicable, with leave as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.

[MPH80]

So your wife meets B - but not C.

Hence she needs 5 years of meeting B in order to qualify.