Switching to spouse visa from Tier 2 dependant

[sarizvi2k]

I am on tier 2 visa valid till nov 2017.my wife has the same visa and was came on psw dependent in may 2011.she completed 5 years in may 2016 while her 5 years on tier 2 will complete in april 2017. My 10 years are completing in august 2016 and i am planning to apply for ILR on long residency. As the rules are changing quickly i dont want to wait till april and want to apply for my ILR IN AUGUST 2016.i spoke to solicitors and they all have diff opinions.one said to keep her on Tier 2 and apply for ILR When she completes 5 year on tier 2 and i can move to ILR IN Aug 2016.please if some can help

Thanks

[CR001]

Is your wife on a tier 3 dependent visa? Not sure from your post if dependent or if she has her own tier 2.

If she is your dependents he will have no other option but to switch to FLR (M) if you are granted ILR based on long residence.

This will reset her clock to zero for ILR and she will need 2 X 2.5 year visa on FLR (M) before she qualifies for ILR. She will lose her time already spent in the UK as your PBS dependent.