Dependent ILR eligibility after main applicant

[ciro]

Dear all,
I am a new member and haven't posted anything before, so pardon me if you find my query stupid.

Back in 2015, I arrived in the UK as a Tier-2 (General) migrant and immediately applied for my wife's visa. Unfortunately, my wife's visa was rejected on first attempt with the entry clearance officer being 'unsatisfied' with our marriage and they thought it was a fake marriage (very offensive for me). However, on second attempt, her application was successful (mysteriously) with the same documentary evidence provided with the first application, except that they charged me twice the visa fees.

This application rejection and reapplication saga caused my wife to arrive three months later than I did due to which she'll not be able to complete her five years on the same date as I will to be eligible for ILR. Our visas expire in Feb. 2020 when I'll be eligible for ILR and am planning to apply for ILR (five-year residence route) but my wife won't be able to apply for ILR as she'd have to wait for another six weeks (at least). Obviously, she cannot stay for those six weeks without a visa.

What is the best way to ensure my wife stays those six weeks with a visa before going for ILR?

I was thinking to request a certificate of sponsorship (CoS) from my employer for visa and get my wife a Tier-2 dependent visa for another six months (or one year) without applying for a visa myself. Do you think it will work?

[CR001]

She can't apply for a tier 2 dependent without you before you apply for ilr. She also does not need a cos for an extension as she is dependent on you not your sponsor. The cos is only relevant to you extending your visa

A tier 2 dependent visa expenstion is granted for 3 years if the main PBS migrant has ilr. You can choose a lessor period.

[ciro]

Many thanks CR001 for clarification. Are you suggesting that I should apply for my ILR (upon becoming eligible) and, while my ILR application is under scrutiny (or is granted), I apply for my wife's Tier-2 dependent visa extension? Is it allowed for Tier-2 dependent visa to be extended even though the main applicant is not Tier-2 anymore (having applied for ILR)?

Sorry for my ignorance about all this, I tried to look for rules governing my situation but was unable to find anything relevant. If there is any link or document I can refer to, I'd really appreciate if you could please guide me to that.

Cheers once again.

[CR001]

What was the date her initial visa was issued?

Yes a tier 2 dependent can get an extension if the main PBS migrant has ilr via the PBS route. The rules allow this.

[ciro]

Thanks again. Given that you asked about date, I write all the relevant dates.

My visa granted: 25/01/2015
I entered the UK: 02/02/2015
My visa expires: 16/02/2020
I will be eligible for ILR on: 06/01/2020 (28 days before 02/02/2020) or 28/12/2019 (28 days before 25/01/2020)

My wife's visa granted: 24/04/2015
She entered the UK: 19/05/2015
Her visa expires: 16/02/2020 (same date as mine)
She will be eligible on: 21/04/2020 (28 days before 19/05/2020) or 27/03/2020 (28 days before 24/04/2020)

Period between my wife's visa expires and she becomes eligible for ILR: 17/02/2020 to 27/03/2020 (at least)

[CR001]

Start date for ilr is the start date of the initial visa and not the date of entry for both of you.

[ciro]

Start date for ilr is the start date of the initial visa and not the date of entry for both of you.

Thanks for the info. I should calculate the eligibility dates as 28 days before visa granted date for both of us.

I shall try to apply for my ILR once I become eligible (on 28/12/2019) and, whether I get a decision or not by 15/02/2020, I shall apply for my wife's Tier-2 dependent extension for six months (optimizing the costs).

I have only one more question. If her Tier-2 dependent extension is still under review and she becomes eligible for ILR, can she apply for ILR without waiting for a decision on her extension application?