Tier 2 Dependent Extension when main applicant gets ILR

[tarslan]

Hi,

I am Tier 2 Main Applicant.
We have been under Tier 2 - 3 Year visa. I have got my visa 10 months before my wife. However, as you can imagine, her BRP expiry date is same as mine. So she will have 10 months less on her ILR balance.

So our visa expires on February, and we are applying an extension with my employer. However, they don't want to sponsor me more than total 5 years as they say I can get my ILR after 5 years. So they issue 2 years COS to me.

However, if we get 2 years extension rather than 3 years, my wife will not make it for ILR at the same time with me. I will be able to apply for ILR in 2 years, but she will not be and her visa will expire again. What will we do in that case? I will probably have my ILR on my hand. I afraid if we apply for extension for her it will be ILR dependent extension not Tier 2 dependent one as she built up her ILR balance on it. I afraid it will reset her ILR balance as she would need to switch her visa type.

Am I completely wrong? Even though I will have ILR, can she still get tier 2 dependent visa extension? She is gonna need 10 months. Can we apply for 10 months extension or is it gonna be as least 3 years?

[CR001]

She will have to apply for another extension as a PBS dependent and it will be a 3 year extension if you have ilr or an ilr application pending.