ILR after switching from Tier 2 (Main) to PBS Dependant

[Farrah]

Hi,
My spouse and I both had separate Tier 2 General visas until 2015 when they came unto mine as a dependant. I qualify for ILR this year (2017). Will my spouse also qualify at the same time on the basis that we have been living together for 5 years - 3 years on own Tier 2 Sponsored visa and 2 years as a dependant on my visa?
Best regards,
Farrah

[zimba]

No. To be eligible for ILR as a PBS dependant, you need to spend at least 5 years as a PBS dependant.
The time spent on Tier 2 general visa by your current dependants can only be counted towards a 10 year lawful residence under SET(LR) but not under PBS route

[Farrah]

Thank you for your prompt response. I have a follow-on question if you don't mind... There will be about 1-2 months gap between the expiration of current visa and eligibility under 10-year lawful residence for dependants. What options do we have for covering this gap?

Also, am I right to assume that children born in the UK can straightaway apply for citizenship/naturalisation once I get my ILR?

[CR001]

Thank you for your prompt response. I have a follow-on question if you don't mind... There will be about 1-2 months gap between the expiration of current visa and eligibility under 10-year lawful residence for dependants. What options do we have for covering this gap?

Also, am I right to assume that children born in the UK can straightaway apply for citizenship/naturalisation once I get my ILR?

On what basis are you applying for ILR, 10 years long residence or 5 years PBS Route?

If they are short for ILR LR, they will have to apply for an extension of their current visas.

Yes UK born children can be registered as British once EITHER parent is granted ILR.

[Farrah]

I will be applying for ILR via the 5 year route on my Tier 2. I'm considering the 10 year route for dependants because they will attain 10 years long residence with other previous visas earlier than 5 years as PBS dependant.

Am I right to assume that anyone who has legally being in the UK for 10 years can apply via the long residence route regardless of their previous visa type?

If they need to extend their current visas to complete the 10 years, will it still be as PBS dependant even though I will have received my ILR by then?

[CR001]

Am I right to assume that anyone who has legally being in the UK for 10 years can apply via the long residence route regardless of their previous visa type?

Correct and as long as they are within the absence limit of 540 days and don't have ANY single absence of 180 days or more

If they need to extend their current visas to complete the 10 years, will it still be as PBS dependant even though I will have received my ILR by then?

Yes, it will be a 3 year PBS dependent extension.

[Farrah]

Thank you for your responses. They have been very helpful.