ILR for PBS dependant

[bush9k]

Hi, appreciate if someone can help me with below questions.

I recently have been granted ILR on my 10 years long residency route.
I was on Tier 2 General Visa and my wife was granted PBS dependent on November 2014.

My wife’s current leave expires on December 2019 and she will be completing her 5 years in UK on December 2019.

My questions are,

1. Can she apply for ILR on December 2019 as a PBS dependent while I was granted ILR on 10 years long residency ?

2. Or if she has to switch to partner of a settled person category and apply for limited leave then does she require to stay another 5 years to apply for ILR?

Many thanks

[CR001]

1. No she cannot.

2. She must switch to FLR M spouse visa which will reset her 5 year clock for ILR and will be a new 5 year route of 3 x 2.5 year visas before ILR based on 5 years residence (or 10 years LR if she reaches that first). She needs English A1 and the financial requirement must be met.

[bush9k]

Many thanks for prompt reply.

Do you know where it mentions that the clock reset? I’m sorry I was trying find the exact document or website this is mentioned.

[CR001]

Many thanks for prompt reply.

Do you know where it mentions that the clock reset? I’m sorry I was trying find the exact document or website this is mentioned.

The rules changed in April 2014, see link below.

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