Tier2 ICT dependent with PBS dependent Leave to Remain visa to ILR

I came to UK in Jan 2010 on Tier 2 ICT and got my ILR in Feb 2016, and then British passport in July 2017. My wife got her first UK visa stamped as my dependent in Jan 2015 and entered UK for the first time on 22nd April 2015. Her recent BRP says PBS dependent Leave to Remain. Her visa is going to expire soon and she is in UK for more than 5 years. I want to know if she is on 5 years or 10 years track for her ILR. I heard from someone that Tier 2 ICT depends can no longer apply for ILR after 5 years as Home Office have provided a new definition of PBS dependants on 1 December 2020 for the provision in questions, to include Tier 1 (Investor) and Tier 1 (Entrepreneur) i.e. specifically does not include Tier 2 ICT, Is this correct, if so then is my wife on 10 years ILR track?

Since 6 April 2011 the ICT route doesn't lead to settlement. There are some noises at present that this may change in the future but that is not relevant to your wife's current situation.

Your T2 ICT visa was granted before April 2011, that is why you could get ILR and subsequently citizenship.

Your wife came to the UK as your dependant in 2015 after the rule change.

There are no provisions in the immigration rules regarding ILR for ICT route dependants, so I expect she is not eligible for ILR at present.

Neither are there provisions for extending her PBS dependant visa granted as an ICT dependant , as there are for Skilled Worker dependants with the main applicant having obtained ILR.

It seems to me that the only way to extend her leave is to apply for a family visa FLR(M). After 10 years stay in the UK (including her time as an ICT dependant) she will then be eligible for ILR.

Note that ICT dependents were allowed to have ILR on 5 years route

Yes, I agree. Prior to the rules being ‘simplified’, I believe PBS partners applying for ILR were considered together under Part 8, 319E. Then, they could have applied for ILR if the PBS migrant had been granted ILR under the PBS route and not under Long residence. Unfortunately, after the changes in the rules, they seem to have forgotten about Tier 2 (ICT) dependants’ route to ILR.

Perhaps just apply for ILR? Similar cases were successful. If refused because of absence of ILR path, then ask your MP to raise this issue with the Home Secretary because I think there is legitimate expectation for ILR (Unfair retroactivity of the rules).

Do let us know what happens.

is there any other quicker way to get ILR like by changing the visa category to skilled worker dependent or British citizen dependent or would that reset the counter?

No. There’s no provision to change to a skilled worker dependant. Switching category under Appendix FM would lead to a reset.