ILR for a tier 2 dependent visa with issuance date deferent from main Tier 2 general visa holder

Hi,

I was on a tier 4 Visa and my wife was dependent on me for 4 years.

After that, I get a 5 years tier 2 visa issued on 17/08/2015 to 31/08/2020. I applied to my wife who was on tier 4 dependent visa as dependent on my Tier 2 on 28th of september. She gets the Visa issued on 17/11/2015 to 31/08/2020.

I know that I will be able to apply for ILR on 21/07/2020. However, I am not quite sure about my wife case.

Some people said as she has been dependent and living with you for 5 years , she can apply with you under form O.

Other said because the issuance date of her tier 2 dependent is on November which means that she has not completed 5 years as a dependent tier 2 visa . She cannot apply for ILR with you and she may need extension.

Can you kindly let me know what I should do in my wife case?

Your wife already has 5 years under PBS dependant however she cannot get ILR unless you get ILR. So you two apply together for ILR

Hi,

Many thanks for your reply.

Can you explain more?

1. Do I need to apply for my ILR before her or with her?

2. Is the condition only that she has been living in the UK with me for 5 years? Which in my case she will be living with me for 8 years and 9 months dependent on my Visas (tier 4 and 2).

3) Or the 5 years will be counted from the issuance date of her tier 2 dependent Visa? In this case what I should do?

4) Finally, should I apply for my wife using ILF using form set (M) or (O)?

Best,
Dryaso

1. You can apply at the same time.

2. Held a PBS dependent visa for 5 years.

3. See #2

4. Set(O) for PBS Dependents. You cannot use SET(M). If you apply together, you simply add her to YOUR form.

Many thanks for your help.