Eligible for ILR but dependent is not

[navin87]

Hi Guys,

I couldn't find answer for my scenario and hence new thread.

I'm on Tier 2 General from Feb 2012 and eligible for ILR in Feb 2017. My partner came to UK in Dec 2012 as Tier 2 General Dependent.
Our visa's expire at same time - March 2017 band i'm eligible for ILR and she is not (8 months short).

So, can we both apply at same time on same day service - ILR for me and Tier 2 Dependent Extension for her?

If No, should i apply ILR first and then Tier 2 dependent extension for her?
Or should we extend her Dependent visa before i apply for ILR?

Any help would be much appreciated.

[CR001]

On what date did she APPLY for her original dependent visa?

If it was after 9th July 2012, then she needs 5 years residence and will have to apply for a PBS extension, she cannot apply for ILR with you.

[navin87]

Thanks for your quick response CR001, much appreciated.

She applied dependent after Jul 2012. She can't apply ILR with me as she hasn't completed 5 years.
but can she apply Tier 2 Dependent extension with me when i appear for ILR on Same day service?

[CR001]

but can she apply Tier 2 Dependent extension with me when i appear for ILR on Same day service?

Yes. A separate appointment to yours, i.e. don't select ILR applicant +1. She will also have to pay the immigration health surcharge before she can apply.