Applying for Indefinite leave to remain after one year on Tier 4 visa and four years on Tier 2 visa

[Mariano]

Hi,

I have been on a Tier 2 visa from the same employer since January 2015 and I become eligibile to apply for Indefinite leave to remain in December 2019. My wife arrived in the UK a few months before me (September 2014) for her postgraduate studies on a tier 4 visa. She converted to tier 2 dependent visa in November 2015 on completing her postgraduate course. Since my arrival in January 2015, we have been living together.

Can she apply for ILR as a tier 2 dependent at the same time as me on virtue of the fact that we have been living together in the UK for 5 years, or does the fact that the first year of her stay was on a tier 4 visa render her ineligible to apply for an ILR as a tier 2 dependent?

I found that the Home Office website was clear on what the criteria are for tier 2 visa candidate to apply for ILR, but for dependents all I could find was they need to be in the UK for 5 years and living together.

Many thanks for your advice in advance.

Kind regards
Mariano

[CR001]

Can she apply for ILR as a tier 2 dependent at the same time as me on virtue of the fact that we have been living together in the UK for 5 years,

No she cannot.

or does the fact that the first year of her stay was on a tier 4 visa render her ineligible to apply for an ILR as a tier 2 dependent?

Correct. She needs 5 years on PBS Dependent visa before she can apply for ILR.

I found that the Home Office website was clear on what the criteria are for tier 2 visa candidate to apply for ILR, but for dependents all I could find was they need to be in the UK for 5 years and living together.

And hold a qualifying visa as a dependent.

[Mariano]

Dear CR001,

Many thanks for your reply. That was very useful.

With warm regards
Mariano