ILR Dependent Partner Now British, can I apply BC?

[pchac]

Hi, Can anyone help me with the following-
I was on ICT Tier 2 visa from 02/04/11 to 07/03/14.
and from 07/03/2014 to till date on ILR Dependent(Spouse/partner leave to remain visa) with Visa expiry date being 07/03/16. My husband got his citizenship just couple of days back.
Am I eligible to get BC, Can I apply for it? If not, then do I need to apply for FLR(M)? and by when will I be eligible to get the BC?
Regards,
PChac

[pchac]

Hello, just reading the posts and looks like if you have ILR dependent then 5 years residence is not must. Here is my case and any help and suggestion will be greatly appreciated.
02/04/2011 to 07/03/2014 - Tier 2 ICT Visa
from 07/03/2014 till date on ILR dependent (spouse/partner leave to remain) which is valid until 07/03/2016.
Can I apply for ILR now followed by BC?

[geriatrix]

Hello, just reading the posts and looks like if you have ILR dependent then 5 years residence is not must. Here is my case and any help and suggestion will be greatly appreciated.
02/04/2011 to 07/03/2014 - Tier 2 ICT Visa
from 07/03/2014 till date on ILR dependent (spouse/partner leave to remain) which is valid until 07/03/2016.
Can I apply for ILR now followed by BC?

No, wait till 03/2019.

[pchac]

Thanks SushDMehta.
Is it because I got ILR dependent after July 2012 and so I have to go via the 5-year route? Even if my husband got BC?
So as my Visa is getting expired on 7/03/2016, I need to apply for the FLR(M)?
Regards,
PChac

[secret.simon]

Is it because I got ILR dependent after July 2012 and so I have to go via the 5-year route?

Yes. When you apply for FLR(M) as the spouse of a settled person, your clock is reset to zero and you need to complete five years on FLR(M) to qualify for ILR.

Even if my husband got BC?

Yes. All that a British citizen spouse means in this case is that after getting ILR, you can apply for citizenship immediately and not wait for one year.

[CR001]

Are you sure about your visa validity dates?

You say you were on Tier 2 ICT. Were you a dependent Tier 2 ICT or was it your own Tier2 ICT visa?

You cannot apply for BC if you do not hold ILR.

[pchac]

Yes I was on Tier 2 ICT until 07/03/2014.
On 07/03/2014 I got Spouse/Partner leave to remain will is valid for 2 years. The form i submitted was FLR(M).

[CR001]

Your spouse visa should have been issued for 30 months. There is no 24 month (actually a 27 month) spouse visa since 2012.

You still need ILR before you can apply for citizenship.