I can apply for ILR, but not sure about wife's visa

[ravijay1990]

I’m now eligible to apply for ILR 10-year route, but not sure what is best for my wife.
I’m currently on tire 2 work visa and my wife is on tier 2 dependent visa.

My visa history
2007 October - first came to UK as a student
2010 – switched to post study work visa
2012 – changed to Tier 4 general student dependent
2014 – switched to Tier 2 work visa (runs till the end of 2019)

My wife's visa history
2010 – joined me as a PSW dependent
2012 – changed to student visa (I became tier 4(G) student dependent)
2015 – switched to tier 2 dependent (runs till the end of 2019)

A) If I choose to apply for ILR, 10-year route (2007-2017)
A.1 What is the best visa category that my wife can switch to (she’s been living in the UK for 7 years since 2010) ?
A.2 When can she switch? can she continue her current visa (tier 2 dependent, expires on end of 2019) ?
A.2 When can she apply for ILR? What are the financial requirements?
A.3 If I apply for ILR, 10-year route, does my wife's clock re-set to 0, can't she then apply for ILR, 10-year route after 3 years (by considering the fact that she is been here for 7 years now) ?

B) I could apply for ILR, 5-year route after 2 more years (I am currently on Tire 2 visa and wife is on Tire 2 dependent visa) but I prefer 10-year route.

Would you be able to clarify these for me ?

Thank you.

[CR001]

A) If I choose to apply for ILR, 10-year route (2007-2017)
A.1 What is the best visa category that my wife can switch to (she’s been living in the UK for 7 years since 2010) ?

She should switch to FLR(M) yes, especially if there are any planned or possbily emergency travel plans.

A.2 When can she switch? can she continue her current visa (tier 2 dependent, expires on end of 2019) ?

As per #A.1

A.2 When can she apply for ILR? What are the financial requirements?

After 5 years on FLR(M) - 2 x 2.5 year visas or 10 years long residence is she reaches that sooner, which she will. She will not be able to apply for ILR based on 5 years PBS dependent visa.

A.3 If I apply for ILR, 10-year route, does my wife's clock re-set to 0, can't she then apply for ILR, 10-year route after 3 years (by considering the fact that she is been here for 7 years now) ?

Yes, but only for ILR based on 5 years residence. If she meets the requirements for ILR LR, then she can apply for that when she qualifies.

B) I could apply for ILR, 5-year route after 2 more years (I am currently on Tire 2 visa and wife is on Tire 2 dependent visa) but I prefer 10-year route.

Your choice. She can't apply for ILR based on Tier 2 Dependent with you anyway as she doesn't have 5 years dependent visas to qualify.

[ravijay1990]

Thank you very much for the quick & very informative explanation.

Please let me ask bit more clarity about couple of things.

She should switch to FLR(M) yes, especially if there are any planned or possbily emergency travel plans.

Does this mean if I apply for ILR, 10-year route and granted visa, my wife must switch to FLR(M) ASAP. If she doesn't and stay on her current tier 2 dependent visa for some time (6 months), is in not inline with the law ?
Do you think she'll not be permitted to enter back if she leave the county for a holiday ?

Thank you.

[CR001]

Does this mean if I apply for ILR, 10-year route and granted visa, my wife must switch to FLR(M) ASAP. If she doesn't and stay on her current tier 2 dependent visa for some time (6 months), is in not inline with the law ?
Do you think she'll not be permitted to enter back if she leave the county for a holiday ?

1. She can wait for a bit. No law that says she must change immediately.

2. Risky. We have had members post that they were refused entry in circumstances such as yours.

The rules changed in April 2014 regarding dependents of PBS migrants applying for ILR based on long residence. See link below.

immigration-for-family-members/dependan ... 43881.html

[ravijay1990]

Thank you again for your advice. Such a helpful service this is.