tier 2 dependant cohabitation

[pm107]

This is a question regarding the 5 year qualification period for a Tier 2 dependant.

The PBS dependant guidance says

"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"

This is confusing because it's not immediately evident if this 5 year period has to be calculated in accordance with the continuous period calculation guidance or if it mandates a 5 year cohabitation in the UK.

In this particular case, my wife (PBS dependant) entered the UK in March 2014 while I entered the UK in November 2013. However both my wife's and my visa was stamped in mid-October 2013. Her absences were within the 180 day period (whether rolling or year-year). My questions are:

1. Is my wife eligible to apply for ILR along with me?
2. If the answer to (1) is yes, can we use the same form?
2. Is it ok to apply for an ILR later, even if she qualifies now.
3. If she applies later, would her tier 2 dependant visa be valid until the expiry date (this is October 2019). I had one switch of employer in 2014. Can she travel in/out of the UK after I get my ILR?

[cyclina1]

This is a question regarding the 5 year qualification period for a Tier 2 dependant.

The PBS dependant guidance says

"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"

This is confusing because it's not immediately evident if this 5 year period has to be calculated in accordance with the continuous period calculation guidance or if it mandates a 5 year cohabitation in the UK.

In this particular case, my wife (PBS dependant) entered the UK in March 2014 while I entered the UK in November 2013. However both my wife's and my visa was stamped in mid-October 2013. Her absences were within the 180 day period (whether rolling or year-year). My questions are:

1. Is my wife eligible to apply for ILR along with me? Yes.
2. If the answer to (1) is yes, can we use the same form? yes. SET(o)
2. Is it ok to apply for an ILR later, even if she qualifies now. Yes. If you decide to use Premium service this is also recommended, because just in case someting silly happen your application get refused, you only lose your own application fee.
3. If she applies later, would her tier 2 dependant visa be valid until the expiry date (this is October 2019). I had one switch of employer in 2014. Can she travel in/out of the UK after I get my ILR? Yes.

[pm107]

Thanks for that. Any reference to the home office documents? The guidance for continuous residence and the one for dependants of PBS visa holders aren't coherent when it comes to the 5 year continuous period.