5 years continuous period for dependant

[davidbeckham]

Dears

Here is my situation

I came to UK with my wife in March 2010

I was on Tier 4 > PSW > Tier 2

I got Tier 2 on July 2012, so in July 2017 I am eligible for ILR

My wife lived with me since I first come to UK and was my dependent on Tier 4 and PSW

My wife got Tier 2 dependent on February 2013

I am planning to apply for ILR in September 2017

The question is

Can I apply in September taking into account my wife did not finish 5 years as Tier 2 dependent? She will finish them by February 2018, but we have been living together for almost 8 years.

Thanks

[zimba]

She simply needs two years for ILR as she arrived on PBS dependant visa before 2012. You both can apply together when you are eligible

[davidbeckham]

She simply needs two years for ILR as she arrived on PBS dependant visa before 2012. You both can apply together when you are eligible

Thanks for the reply, but as you can see in my post that she got Tier 2 dependent visa in Feb 2013, so I believe she's required to wait 5 years ! Please correct me if I am wrong

Thanks

[zimba]

Tier 4 and PSW dependants are considered PBS dependant visa holders too. Was she a PBS dependant visa holder during Tier 4 and PSW period as well ?
You only need 5 years as PBS dependant to get ILR if you became a PBS dependant visa holder after 2012 rule changes, otherwise it is 2 years.

[davidbeckham]

Thanks a lot for your reply, yes she was my PBS dependent on Tier 4 and PSW since 2010

But it there a rule I can refer to in case the case worker ask me!

Thanks a lot

[zimba]

Case workers don't ask you about the rules, they know them
The relevant rule is under paragraph 319E of Immigration Rules part 8: family members