Dependants from PBS tier 2 to ILR

[leshiy87]

Hi

I am new to this forum, hopefully posting in the right section.

I have the following situation: I am applying for ILR next week from tier 2 PBS. I have 2 dependants: 1 year old son who was born in the uk and wife who joined me as tier 2 dependant 4.5 years ago.

My steps are the following:

1. Get ILR only for myself
2. Once i get it my son is eligible for citizenship as UK born child of a settled person.
3. Wait for 6 months for my wife to apply for ILR once she reaches 5 years on T2 dependent.

My biggest question I guess is about my wife. My impression is that it is okay for her to stay under T2 dependant for 6 months while I am already ILR person. Is that correct? Or do i need to switch her as dependant on my ILR before applying for her own?

Thanks

[CR001]

1. Get ILR only for myself
2. Once i get it my son is eligible for citizenship as UK born child of a settled person.
3. Wait for 6 months for my wife to apply for ILR once she reaches 5 years on T2 dependent.

Correct. What was your wife initial visa issue date??

My biggest question I guess is about my wife. My impression is that it is okay for her to stay under T2 dependant for 6 months while I am already ILR person. Is that correct? Or do i need to switch her as dependant on my ILR before applying for her own?

She can stay on her current visa. The rules allow it, see link below. If you switch her visa to ILR dependent, it will reset her clock to zero for ILR.

immigration-for-family-members/dependan ... 14832.html

[leshiy87]

1. Get ILR only for myself
2. Once i get it my son is eligible for citizenship as UK born child of a settled person.
3. Wait for 6 months for my wife to apply for ILR once she reaches 5 years on T2 dependent.

Correct. What was your wife initial visa issue date??

My biggest question I guess is about my wife. My impression is that it is okay for her to stay under T2 dependant for 6 months while I am already ILR person. Is that correct? Or do i need to switch her as dependant on my ILR before applying for her own?

She can stay on her current visa. The rules allow it, see link below. If you switch her visa to ILR dependent, it will reset her clock to zero for ILR.

immigration-for-family-members/dependan ... 14832.html

Thanks a lot for quick reply! Her first visa started 5th June 2014, however, her first entry on visa was 19th June. My understanding is that she can start applying 28 days before 5th June 2019 => 8th of may 2019.