Tier 2 Switching ILR QUERY

[ahussa]

hello

i am posting this query for someone.

The guy has been in the UK since 2008. He has recently extended his stay in the UK until dec 2013 under the new rules Tier 2 category. Children are dependents on his visa. Wife has been here since 2009 on a 3 year tier 2 visa, but she is not dependent on husband visa. Her visa expires on Dec 2013.

Now the guy does obviously qualify for Indefinate Leave To Remain in Dec 2013.

However, would the wife have to go back and apply for entry clearance as his dependent, and if so would she be able to apply for ILR? Or if that is not the case, what would be the alternative?

Can someone please advise, i have had a look at the immigration rules para 319, however not making sense. reference to rules or guidance would be appreciated.

Thanks