Tier 2 General to ILR (for dependent)

[Bandu]

Hello All,

I am currently working in UK on a Tier 2 General visa, recently got the extension as well and will be eligible for ILR by Mid 2018.
My wife is having a separate Tier 2 General visa and due for an extension next year. She will be eligible for ILR by early 2019.
I am considering the option of making her (along with our 2 year old son) my dependent as her organisation is not committing to offer her an extension.
My questions are as below:
1. She got her Tier 2 General one year after me (before that we both were Tier 4 Post Study Work). If she becomes my dependent now, what would happen to her visa status when I apply for ILR in 2018?
Will she be eligible for ILR (as dependent) along with me? I ask this because, in 2018, when I apply for ILR, she would have not completed 5 years in UK under Tier 2 General and dependent.
2. If she become my dependent, can she continue to work (she is an engineer) and/or do contract jobs if necessary?

[CR001]

1. She got her Tier 2 General one year after me (before that we both were Tier 4 Post Study Work). If she becomes my dependent now, what would happen to her visa status when I apply for ILR in 2018? If you get ILR based on Tier 2 G and 5 years residence, she can continue to extend her Tier 2 Dependent visa until she qualifies for ILR.

Will she be eligible for ILR (as dependent) along with me? I ask this because, in 2018, when I apply for ILR, she would have not completed 5 years in UK under Tier 2 General and dependent No she wont' qualify with you for ILR if she changes to Tier 2 Dependent. She needs 5 years as PBS dep to qualify for ILR..

2. If she become my dependent, can she continue to work (she is an engineer) and/or do contract jobs if necessary?

Yes, she will be free to work for any employer.

How long has she been in the UK?

[Bandu]

Thank you CR001,

She came to the UK in 2010 on a student Visa and then got a Tier 1 Post Study Work Visa. Now she is with Tier 2 General since Feb 2014. If she gets extension from her current Employer, she would be eligible for ILR in Feb/Mar 2019. I am eligible for ILR in Mid 2018. So, we have a gap of about 10 months to apply individually for ILR.

In the meantime, If she becomes my dependent, and then I apply for ILR, what would happen to her Visa Status for that 10 month period? Will she still be classed as Tier 2 Visa dependent or ILR dependent, or do I have to wait another 10 months before we all apply together? Can you please advise?

[CR001]

She will still be a PBS dependent and can continue on that visa status, but ONLY if you apply for ILR based on Tier 2 G with 5 years residence.

She cannot apply for ILR with you. She will have to wait either 5 years as PBS Dep or if she qualifies for ILR based on 10 years long residence in 2020

[Bandu]

Now I am confused again... From your message I understood that she has to be in dependent visa for 5 years before becoming eligible for ILR.
Can we not use 3 years of her as Tier 2 General and 2 years as Dependent to meet the 5 years eligibility?

[vinny]

Can we not use 3 years of her as Tier 2 General and 2 years as Dependent to meet the 5 years eligibility?

No (319E(d)(ii)).