ILR for wife - having different VISA

[subswai]

Hi,

I am currently in Tier 2 ICT long term VISA which I received on DEC 2009. So I will be eligible to apply ILR in DEC 2014.
I got married on 2011 January and my wife came to UK on April 2011 in my dependant VISA. However she switched to Tire 2 General VISA on August 2012. Her tier 2 general visa is valid till August 2015.

My question is can my wife is eligible to apply ILR with me? If not what is the way forward.

[Amber]

She should continue as a PBS applicant until such time as she is qualified for ILR. I believe she will have to earn £35000+ after 2016 to qualify for ILR. Alternatively, she may switch to PBS dep before you settle and she'll have to wait 5 years before being eligible for settlement.

[subswai]

Thanks for your response.

Can she switch to 'family of a settled person' once I get ILR?

She will not be able to continue as PBS applicant as her employer will not extend her VISA after 2015. If she wants to switch to PBS dependant before I apply ILR, she has to apply outside UK which is difficult for her.

What should she do?

[Amber]

She can switch to PBS dep from inside the UK (the rules changed October 2013).

She can also switch to FLR(M) after you are granted ILR, however, FLR(M) has a Financial and A1 English requirement.