Small Clarification for ILR

[sman123]

Hi Friends,

I am currently on Tier 2 General visa, eligible for ILR this coming august. My wife is on a Tier 2 Dependent Visa and she is only here for 2 years. So she has 3 more years to go before she becomes eligible for ILR.

The question is -- My wife is currently in India and planning to come back this September. I am in UK and will be staying in UK while applying for ILR. Now if I apply for ILR without her in August, will she need to re-apply for ILR dependent visa before coming to UK? If so, will it be considered as a break in her visa and she needs to wait for another 5 years for ILR? If this is the case, my visa is valid till 2017, do you guys advise me to wait till my wife comes back so that we can apply together.

My preference is to apply for ILR as soon as eligible in August, as it is always nice to have. I am really confused and couldn't find answers in ukba docs at the moment. Any advice is hugely appreciated.

Thanks

[CR001]

When does her PBS dependent visa expire?

[sman123]

She has PBS dependent visa till August 2017

[CR001]

If you are applying for ILR based on Tier 2 General and 5 years residence, then your wife can continue to stay on her PBS Dependent visa and renew it until she meets the requirements for ILR.

She DOES NOT have to switch to spouse settlement visa unless you apply for ILR based on 10 years long residence.