ILR 10 Years for Spouse - dependent on Tier 4 question

Hi Everyone!

Wanted to clarify some ILR and dependent questions.

- Husband qualifies for ILR via long residence 10 years in September 2020.
- Husband is currently on Tier 2 General. (Husband came to UK with Tier 4)
- Married in 2016. Wife on PBS dependent (under Husband Tier 4) from Oct 16 to Aug 17;
- Wife left UK and worked at home country due to finances.
- Wife rejoined Spouse in Sep 2018 (a year after PBS expired), but on Tier 4 visa (masters for 2 years).

Q1- If Husband is applying for ILR LR in september 2020, can Wife apply alongside to switch from Tier 4 to a PBS dependent? (Wife Tier 4 expires in September).
Q2 - Would Wife apply under Tier 2 family eligibility criteria? including savings requirements?
Q3 - Is it correct to assume Wife can only apply initially for a 3 year PBS dependent visa? and then if given will extend for another 2 before being eligible for ILR herself?
Q4 - Would Wife still need to show police certificates from all countries in past ten years even if she applies for PBS Dep within the UK?

Many thanks to those helping out!
Cheers!

Q1. No.

vinny wrote: ↑

Sun Jan 19, 2020 12:29 pm

Q1. No.

Thanks!

The family visas page say:

https://www.gov.uk/uk-family-visa

When you cannot get a family visa
In some circumstances you cannot apply for, or switch to, a family visa.

Your family member has a work visa or student visa
You cannot apply for a family visa if your family member is in the UK temporarily on a work visa or student visa.

You can apply to stay with them as a dependant instead.

___

What does it mean the Wife can stay as a dependent then, is that not Tier 2 PBS dependent?
or Would the Wife have to leave the country once her Tier 4 expires and then apply from outside the UK as family/spouse of a settled person if/once husbands ILR is successful?

Or alternatively;

Husbands current Tier 2 General expires in September 2021. He applies for ILR in September 2020.
Would it be better for Wife to switch to a Tier 2 PBS Dependent once her studies are over in June? So she will get Tier 2 PBS dependent until Sep 2021, and then apply again to extend it in 2021?

Wife may switch to PBS dependant now. If husband continues under Tier 2 (General) and applies under for ILR under Tier 2 (General) when eligible, then wife may continue under PBS dependant and applies for ILR under PBS dependant when eligible. However, if husband applies for ILR under Long residence, then wife must switch to partner of settled person before expiry of leave or before traveling unless she is eligible for ILR under Long residence. After switching, her qualifying period for SET(M) will be reset.

Thank you very much!