PBS PARTNER - PSW dep and Tier 2 Dep

[Atulanki1983]

Hi,
My wife has got Tier 1 PSW partner vis in September 2013 and now she is on tier 2 PBS dependent visa.Can she apply for ILR in September 2018 as she will be completing her 5 years on ILR.
I will be applying my ILR on long term residence on July 2018 as I will be completing my 10 years.
Can you please advice on my wife visa can she apply for ILR in September

[CR001]

No your wife can't apply for ilr based on PBS dependent if you apply for ILR based on long residence. The rules don't allow it.

She will have to switch to FLR M spouse visa and meet all the requirements, financial and English etc. This will also reset her 5 year clock for ILR to zero and a new 5 year route to ILR, 2 x 2.5 year visas, before she can apply for ILR on form SET M (or 10 years ILR if she reaches that first).

[Atulanki1983]

Hi Thank you so much.

But my wife first came to UK on tier 1 Post Study Partner Visa in Sep 2013. Now she is on Tier 2 PBS Dependent so her tier 1 partner visa month won't be count????.for her ILR on the basis of 5 years.

I m on tier 2 General visa and i m going to apply for ILR this month in July 2018.

[CR001]

But my wife first came to UK on tier 1 Post Study Partner Visa in Sep 2013. Now she is on Tier 2 PBS Dependent so her tier 1 partner visa month won't be count????.for her ILR on the basis of 5 years.

No she cannot as you are applying for ILR based on long residence based on your first post. The rules for PBS Dependents of ILR Long Residence partners changed in April 2014, see link below. She has to switch to FLR(M) and a new 5 year residence.

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

[Atulanki1983]

Hi,
Thank you so much for clearing my doubt.
Then once i get my ILR on Long term residence then can my wife PBS dependent visa which is valid uptill July 2019.Can her visa then will be valid????once i get my status changed to ILR.

Second can she travel on PBS Dependent visa????

Currently my visa is on tier 2 general.I will be applying for ILR on Long term residence end of July 2018.

Thank you.
Atul

[CR001]

Once you have ILR, she should change to FLR m before travelling out of the UK.