Tier 2 dependent ilr application help please

[gasman81]

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.

[CR001]

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.

[gasman81]

Thank you very much for a clear and prompt reply.

[vinny]

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

[gasman81]

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.

[vinny]

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.

[CR001]

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?

[vinny]

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.

[CR001]

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.

[vinny]

Apologies!

[gasman81]

No problem. Thank you.