What happens to dependant's visa when main applicant applies for ILR (5 year Tier 2 General PBS route)?

[andyyang]

Hello team,

Much appreciate if anyone can help advise on the below questions

My Tier 2 (General) visa was issued on 01/11/2013, extended in 2016 to expire on Sep 2019.
My wife Tier 2 (General) Dependant visa was issued on Mar 2014, extended in 2016 to expire on Sep 2019.

I am about to apply ILR in Oct 2018 (any date 28 days prior to 1/11/2018) using Premium Service in hope for ILR to be granted by Oct 2018, but my wife won't be eligible to apply until Mar 2019 to meet her 5 years. For some reason, I have to apply first rather than waiting and apply with my wife together. My questions are

1) what happens to my wife's dependant visa if I got ILR in Oct 2018? Would her stay in the UK still be legal until her current visa expire date Sep 2019?
2) If she wants to get ILR as early as possible, what her route will be? Can it still be PBS dependent to ILR? Or she has to switch to other category and count qualifying period from scratch?
3) In case her dependent visa will still be valid and she just needs to wait for Mar 2019 to apply ILR, can she travel outside the UK? Would she still be allowed to re-enter?

Thanks in advance for your advice!

Kind regards,
Andy

[CR001]

1. She continues on her existing visa.

2. Yes, PBS dependent route on form SET O.

3. Yes she can travel.

[andyyang]

@CR001 I owe you a big thank you for your prompt reply. That's a big relief.

[andyyang]

@CR001 Dear, could you please kindly direct me to the Home office web page where the requirements relevant to my three queries are discussed? I randomly browsed a few sites. The advices seem to vary a lot. Some said my wife holding dependent visa mustn't travel outside the UK before she submit ILR application. Some others say her dependant visa will be curtailed once I got my ILR as main applicant. Since it is so important to us and I am new to this site, would much appreciate if you could help provide a bit more details of Home office requirement, or any other material that help me understand it better.

I tried to call Home office asking what happened to my wife's dependant visa after I got ILR. They said they are not answering the kind of question, which I found is really surprising. They issued the visa. How come they refused to answer this very straightforward question directly about the visa validity.

Anyway, I sincerely hope you can extend your help by double confirming I can fully reply on your previous answers for my next step planning.

Thanks in advance!
Andy

[CR001]

There is no restriction for your spouse to travel.

See link below for PBS dependents. The rules allow her to Continue on her existing visa as normal.

immigration-for-family-members/dependan ... 14832.html

[andyyang]

Thanks once again