Tier 2 dependent ilr application help please

Hi.

I would be extremely grateful for some urgent help please!!
I have recently been granted ilr as a PBS (Tier 2, 5 years route.)
I am going to apply for ilr for my wife as well.
Her immigration status:
Tier 2 dependent - Nov 2010 till July 2012
Tier 2 Visa - July 2012 till August 2014
Tier 2 dependent - August 2014 till Sep 2017.

My questions:
1) Can she apply for ilr now?
2) If the probation period is 5 years, is it mentioned anywhere that it should be continuous 5 years as Tier 2 dependent visa? As far as I have gone through the rules, it says continuous relationship for 5 years and last period of leave as Tier 2 dependent. Am I right?
3) Does the 2 year period where she had her own Tier 2 Visa affect her ilr application now as my dependent?
4) Can I include the previous period Nov 2010 till July 2012 as a Tier 2 Dependent, as part of the probationary period?

Please help. Thanks.

She doesn't qualify for ILR.

Her immigration status:
Tier 2 dependent - Nov 2010 till July 2012 She would have qualified and only needed 2 years residence if she had stayed on this visa.
Tier 2 Visa - July 2012 till August 2014 This reset her ILR qualifying clock to zero
Tier 2 dependent - August 2014 till Sep 2017. and this reset her ILR qualifying clock to zero again and put her on a new 5 year path to ILR. She will only qualify in 2019 for ILR

My questions:
1) Can she apply for ilr now? No

2) If the probation period is 5 years, is it mentioned anywhere that it should be continuous 5 years as Tier 2 dependent visa? As far as I have gone through the rules, it says continuous relationship for 5 years and last period of leave as Tier 2 dependent. Am I right? You are mistaken. It is not the relationship duration but the 5 years in a specific visa category that counts. She needs either 5 years as PBS Dependent (from August 2014) or years as Tier 2 main applicant. You can ONLY combine the different visa categories for ILR based on 10 years long residence.

3) Does the 2 year period where she had her own Tier 2 Visa affect her ilr application now as my dependent? She doesn't qualify for ILR. She needs to wait till 2019.

4) Can I include the previous period Nov 2010 till July 2012 as a Tier 2 Dependent, as part of the probationary period? No, because her clock was reset when she applied as Tier 2 main applicant.

Thank you very much for a clear and prompt reply.

On what date in July 2012 did she apply for her entry clearance? Was it before or after 9th July?

Not sure about exact date of application. Possibly on 9th or 10th July 2012.
She was issued Tier 2 visa from 18th July 2012.
Can you explain what difference it would make now please?

Thanks.

Applying for entry clearance may have broken her continuous leave.

However, she may be under the 2-year settlement route, under 319E, if she had applied for entry clearance prior to 9th July 2012.

vinny wrote:Applying for entry clearance may have broken her continuous leave.

However, she may be under the 2-year settlement route, under 319E, if she had applied for entry clearance prior to 9th July 2012.

Vinny, if the OPs spouse applied in July 2012 for her own Tier 2 G visa as OP has said and not as a dependent, does this not reset the clock?

Oops. Yes. You are right.

I had misread and wrongly assumed that she applied for a PBS dependant entry clearance in July 2012.

Applying for her own Tier 2 entry clearance would indeed break her continuous leave as a dependant.

Phew, thought I had missed something in the rules.

So she will qualify for ILR in 2019 based on her second PBS Dependent visa issued in August 2014.

Apologies!

No problem. Thank you.