ILR Dependant under new rules

[Ankita123]

Hi Gurus,

I have a query regarding my wife's dependant visa under new rules:

I came to UK in May 2009 on Tier2 Intra-Company transfer sponsored by my Employer.
My Employer got my visa extended last year changed the sub-category to Tier2 ICT Long Term Staff valid until May 2015.
I got married in Dec 2012 and my wife came to UK in Dec 2012 on Tier2 ICT Long Term Staff Dependant visa sponsored by my employer valid until May 2015.
I have completed 5 years in UK and eligible to apply for ILR (pre April 2010 rules apply on me).
But my wife came in Dec 2012 so new rules for dependant apply on her and she needs to complete 5yrs in UK before applying for ILR. - is that correct ?

I checked with my Employer and they told me that they will cancel the sponsorship for both of us as soon as I get ILR and I need to apply for my wife's dependant visa along with my ILR application (which I was trying to avoid due to financial reason and also because her visa is valid until May 2015)

Following are my queries:
1. If I apply ILR only for myself for now and apply ILR dependant for my wife next year, what will be the effect of sponsorship cancellation on my wife's visa ?

2. If I apply my wife's visa as dependant in my ILR application now, then in how many years she can apply for her ILR ? and will the time already spent in UK counted for her ILR applicaion?

3. Please advise which is the best option from above 1 or 2.

Many Thanks in advance.

Regards

[Amber]

Your wife may continue as your PBS dep after you're granted ILR regardless of what your sponsor does, if she switches to FLR(M) the 5 years clock will reset.

[Ankita123]

Thanks for the reply Amber.

But FLR is Further Leave to Remain, which i think is like the extention of the leave to remain in UK. And this should not reset the 5yr clock ?

The trouble is that my wife has completed 18 months in UK, so:

--if the clock doesn't get reset then i will get her visa extention done next year so that she will complete two & half years and will get another 3 yr leave to remain making her eligible for ILR.

--if clock gets reset during her visa extention then i will get it done with my ILR application. (rather than wasting another year)

Also, please let me know that in this case - is there any way to save the one & half year she has already spent in UK to make it count in the 5 yr ILR time ?

Also, it might sound silly but what is PBS dependant ?? and in this case is there a difference between visa extention , ILR dependant , FLR and PBS dependant ???

And what will be the correct and best way of going forward for her visa (to utilise time already spent) ??

please help as i am not able to find clear answers elsewhere.

Many Thanks in advance.

Regards.

[Amber]

Not sure what you are on about entirely. However , your spouse is a PBS dep and should remain as such until eligible to settle. The extension application when necessary is here - https://www.gov.uk/government/uploads/s ... _04-14.pdf