FLR for PBS Spouse and Healthcare surcharge

[slizovskiy]

Dear Forum members, I am totally frustrated and feeling like I lost a good amount of £££.
I have got ILR after 5 years in Tier 2, and soon after that I applied for 3-year extension for my wife under Tier 2 dependent route, and not under Family Visa route, since it was written in the guidance https://www.gov.uk/remain-in-uk-family/exceptions
that Partners of former PBS visa holders "may have to apply as a ‘dependant’ (partner) in their original visa category.". I hoped she will be eligible to apply for ILR after a total 5 years in the UK. But now I read that she can't and I must have applied in FLR route.
Shall I submit a new FLR application for my wife? Can this be a 2-year route (so that she will be eligible for ILR application immediately)?
Shall I pay a new full healthcare surcharge if I have already paid a 3 year surcharge a year ago for Tier 2 Dependent visa prolongation?

Thank you,
Sergey

[CR001]

But now I read that she can't and I must have applied in FLR route.

Really?? Where did you read or hear that???

[slizovskiy]

Well, probably I missed the point. She can apply in 5 years.. So, I did the right application.

[CR001]

As you got ILR based on 5 years Tier 2 General, she is allowed to continue as a PBS dependent until she qualifies for ILR.

It is only PBS dep of partners who apply for ILR based on 10 years long residence that must switch to FLR(M).