I have been in contact with a number of immigration lawyers in the past couple of months but have not had satisfactory answer to my query, hence coming here for guidance. Thank you in advance to whoever takes time out to answer my query.
They clearly don't know the rules, which are very clear.
https://www.gov.uk/guidance/immigration ... ly-members
319C. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain as the Partner of a Relevant Points Based System Migrant or Appendix W Worker, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.
Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(i) has valid leave to enter or remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the applicant has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker: or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules; or
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant or Appendix W Worker and where the applicant is applying for further leave to remain, or has been refused indefinite leave to remain solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant or Appendix W Worker, or
(2) as the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules.
When her current dependent visa expires in August 2020, she will have to extend it till at least March 2021 in order to complete her five year term. Since I am going to get my ILR this year (hopefully), when she does apply for an extension in August 2020, how does she do it?
She applies for a Tier 2 Dependent extension on the PBS Dependent form. It will be a 3 year extension. You need to show evidence of cohabitation for the last two years and £630 maintenance funds held for 90 days.
https://www.gov.uk/tier-2-general/family-members
https://visas-immigration.service.gov.u ... nt-partner
Would it still be an extension under Tier 2 dependent?
Yes.
But how would that be since I (the main applicant) will not be on Tier 2 visa anymore?
The immigration rules specifically permit it.
immigration-for-family-members/dependan ... 14832.html
Furthermore, my employer acquired the sponsorship licence purely for me and it expires in February 2020. Would I need anything from my employer when I extend my wife's visa next year? Obviously if this is needed then I would need to ask them to renew the licence.
No. Your dependents are dependent on YOU and not your sponsor. Your sponsor is irrelevant once you get ILR and they apply for an extension.
