ILR - Partner on Independent Tier 2 General

I have been on a tier 2 general visa for 4.5 years (5 year visa set to expire in Feb 2022). I understand the general process for my application to ILR for myself. My question is partly logistics, partly 'what makes the most sense'. For the first 3 years my wife was a dependent of mine and then her office provided her with her own Tier 2 general visa (good for 3 years).

As she is on her own Tier 2 General visa does it make sense for her to just continue with that until it expires and then she applies for her own ILR? Or does it make sense for her to become a dependent of mine now (before I apply) and we apply at the same time (or is this even possible)?

Also, we are expecting a child (end of January 2022) so assuming I apply to ILR end of Jan/early feb (I understand this can be 28 days before your current visa expires) its quite possible that my child may not be born (though hopeuflly would be imminent). Or would that make more sense to just have my wife apply for ILR when she can and the child is a dependent on that application?

I would likely make use of any priority/expedited application process via my work as I cant be without my passport for an extended period due to work travel. Not sure it makes a different, just putting that out there as info.

Thank you

As she is on her own Tier 2 General visa does it make sense for her to just continue with that until it expires and then she applies for her own ILR? Or does it make sense for her to become a dependent of mine now (before I apply) and we apply at the same time (or is this even possible)?

She won't qualify for ILR. She would need 5 consecutive years as a dependent visa holder to apply for ILR. Everytime she changes visa category, her 5 year ILR clock rests to zero. She should continue on her current visa for the shortest route to ILR.

Also, we are expecting a child (end of January 2022) so assuming I apply to ILR end of Jan/early feb (I understand this can be 28 days before your current visa expires) its quite possible that my child may not be born (though hopeuflly would be imminent). Or would that make more sense to just have my wife apply for ILR when she can and the child is a dependent on that application?

A UK born child does NOT need a visa. Once either parent has ILR, the child can be registered as British.

I would likely make use of any priority/expedited application process via my work as I cant be without my passport for an extended period due to work travel. Not sure it makes a different, just putting that out there as info.

No original documents are sent to UKVI anymore. Everything is uploaded digitally. You also cannot travel while you have an application pending with UKVI.

Thanks for the response, very helpful.

So to confirm, it would seem that the easiest/most time effecient process would be to have her office renew her Tier 2 General visa for another 2 years so that she has 5 years on a 'single visa type' and then apply on her own. However, if they dont she would move to a dependent on my ILR and then wait 5 years under that status before applying on her own for ILR? None of her time as a dependent on my Tier 2 General Visa counts towards settled status in any way?

Understood on the no traveling during application, why I noted I would make use of an expedited application to avoid any issue there.

Thanks!

Tier 2 Dependent visa time only counts combined with other visas for ILR based on 10 years long residence.

For ILR based on 5 years residence, you cannot combine different visa categories to make up 5 years.

Understood, thank you for the clarification.


To confirm what would/could happen with regard to her current visa are the two scenarios below correct?

1) The easiest/most time effecient process would be to have her office renew her Tier 2 General visa for another 2 years so that she has 5 years on a 'single visa type' and then apply on her own.

2) If they dont she would move to a dependent on my ILR status (assuming granted) and then wait 5 years before applying on her own for ILR?

1. Correct.

2. Correct.