Co-Habitation Rule

[virus.vinay]

Hello!

My wife got a PBS dependent visa in Oct 2013, before that she had a Tier 2 work permit. Post extension it is valid till Apr 2018.
I was in process of getting another PBS Dependent Extension until i came across this excerpt from the guidance document:
You can qualify for indefinite leave to remain if you meet the following conditions:
a. As a dependent partner:
• You must be the spouse or civil partner, unmarried or same-sex partner, and have
been granted leave as such, of a person who:
o has indefinite leave to remain as a Relevant Points Based System Migrant; or
o is, at the same time being granted indefinite leave to remain as a Relevant
Points Based System Migrant, or
o has become a British Citizen where prior to that they held indefinite leave to
remain as a Relevant Points Based System Migrant.
• You and your partner must have been living together in the UK in a marriage or civil
partnership, or in a relationship similar to marriage or civil partnership, for at least 5
years
• You must demonstrate sufficient knowledge of the English language and sufficient
knowledge about life in the United Kingdom

Now we have lived together as a married couple for 5 years but for some of it she was a Tier 2 work Permit holder and for some of it she was a PBS dependent. No where in the above does it mention that all the 5 years should be as a PBS dependent.

Can someone please let me know what would be the right thing to do?

Kind Regards,
Vinay

[CR001]

She cannot combine PBS Dependent and Tier 2 main visa holder time. She needs 5 years in EITHER category.