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Hello,

I was wondering if anyone could help me with this query.

Timeline

July 2017 - both me and my wife had own respective tier 2 visa for a year and entered country together and lived together(married years prior to that)

July 2018 - I renewed Tier 2 and wife became my dependent and has been dependent since then (total 4 years now).

I am eligible for and applying for ILR soon. Is my wife eligible for application as my dependent ILR as she has also spent 5 years on a tier 2 visa (independent + then dependent) ? Or does she need to have spent 5 years as my dependent.

Eligibility criteria on the gov website states:

-they have permission to be in the UK as your partner (as a ‘dependant’ on your visa)
-they’ve lived in the UK with you as your dependant for at least 5 continuous years

Thanks

Is my wife eligible for application as my dependent ILR as she has also spent 5 years on a tier 2 visa (independent + then dependent) ?

No she is not.

Or does she need to have spent 5 years as my dependent.

Yes.

Eligibility criteria on the gov website states:

-they have permission to be in the UK as your partner (as a ‘dependant’ on your visa)
-they’ve lived in the UK with you as your dependant for at least 5 continuous years

Yes, it clearly states 'lived in the UK as your dependent for 5 continuous years'. This refers to their immigration status as dependents, not simply being your dependent generally.

Thanks for the reply, in that case our current visa is valid till July 2023, she is my dependent. But I am due to change my jobs soon, so I will no longer be working for the sponsor for current tier 2 visa. Does this affect her status? And does she need to apply for any other visa?

Does this affect her status? And does she need to apply for any other visa?

No and no.