Eligiblity to apply for ILR as PBS Dependent partner

[tabima]

Hi all, I am new to this forum and would really appreciate your advice to understand if my wife is eligible to apply for ILR. Our case is as follows,

I (on Tier 2 ICT ) and my wife (as PBS dependent) came to UK in Aug 2010. I later switched to Tier2 general in 2013 and just got my ILR after completing 5 years on Tier 2 general. My wife applied and switched to a separate Tier 2 general in 2015 (This switch was required for her to start working in UK) and she is currently on Tier 2 general visa.

Although she is not currently having continuous leave as PBS dependant, she was a PBS dependent from Aug 2010 to 2015 (under the rules in place before Jul 2012). Does this make her eligible to apply for ILR now?

Or does it mean the cycle of PBS dependent was broken in 2015 when she switched to Tier 2 general and now she needs to wait for 5 year completion in her current Tier 2 general visa or take up the 10 year route which will be completed by Aug 2020?

Many thanks in advance

[CR001]

My wife applied and switched to a separate Tier 2 general in 2015 (This switch was required for her to start working in UK) and she is currently on Tier 2 general visa.

Why?? She could have worked as a PBS Dependent visa holder.

Although she is not currently having continuous leave as PBS dependant, she was a PBS dependent from Aug 2010 to 2015 (under the rules in place before Jul 2012). Does this make her eligible to apply for ILR now?

No it does not. Her clock reset to zero when she applied for her own Tier 2 General main visa holder.

Or does it mean the cycle of PBS dependent was broken in 2015 when she switched to Tier 2 general and now she needs to wait for 5 year completion in her current Tier 2 general visa or take up the 10 year route which will be completed by Aug 2020?

She needs to wait 5 years on Tier 2 General visa and meet the ILR requirements as a Tier 2 migrant to apply for ILR or 10 years ILR if she reaches that first.

[tabima]

Thanks CR001. I guessed this would have been the case and just wanted to be sure.

Regarding your reply "Why?? She could have worked as a PBS Dependent visa holder". She works in NHS and the employer wanted her to go through Labour market test and get her own Tier 2 general in order to apply for job and she wouldn't have been able to work as PBS dependent.

Thanks for your reply.

[CR001]

Thanks CR001. I guessed this would have been the case and just wanted to be sure.

Regarding your reply "Why?? She could have worked as a PBS Dependent visa holder". She works in NHS and the employer wanted her to go through Labour market test and get her own Tier 2 general in order to apply for job and she wouldn't have been able to work as PBS dependent.

Thanks for your reply.

What job exactly was this?? The ONLY restrictions PBS Dependents have is they cannot work as a Dr or Dentist in training. If the job was not one of these two, then they did not disclose the full facts.

[tabima]

Thanks CR001. I guessed this would have been the case and just wanted to be sure.

Regarding your reply "Why?? She could have worked as a PBS Dependent visa holder". She works in NHS and the employer wanted her to go through Labour market test and get her own Tier 2 general in order to apply for job and she wouldn't have been able to work as PBS dependent.

Thanks for your reply.

What job exactly was this?? The ONLY restrictions PBS Dependents have is they cannot work as a Dr or Dentist in training. If the job was not one of these two, then they did not disclose the full facts.

Yes correct. She is a doctor and indeed the job was for applying Dr in Training.

[CR001]

She has to wait till she has 5 years on tier 2 General then before she can apply for ILR.

[tabima]

She has to wait till she has 5 years on tier 2 General then before she can apply for ILR.

Thanks