FLR (M) or PBS Dependent

[johngt]

My wife came to UK in Oct 2011 on Tire 2 ICT.

At the time I had Tire 1 VISA and recently got my ILR approved. Just before my ILR approval I applied for Tire 1 extension and got that approved until 2014 September.

Now I would like to change my wife visa from Tire 2 ICT to my dependent.
My question is that, if I apply for FLR (M) from my wife would she need to wait for 5 years to get her independent ILR or can I apply for her visa as a PSB Dependent now even thought I have my ILR approved?

And if I am allowed to apply for her as a PSB dependent, would she be eligible for ILR after 2 years of here entry?

Any advice/insights will be very much appreciated.

[CR001]

I would say that as you are no longer a tier 1 migrant, you cannot apply for dependent tier 1 if she is on her own tier visa and has not been in the UK as your dependent.

Therefore she would have to apply for FLR(M) and possibly wait 5 years.

How long does she have left to qualify for ILR on her Tier 2 visa?

[johngt]

My wife will be resigning her work soon, hence her Tier 2 visa will not be valid after here resignation, so applying for ILR based on her stay as Tier 2 is out of question.

So sounds like applying for FLR(M) and waiting for 5 years to apply for ILR is the only option?

[deep5]

Hi johngt. We have a similar case,as my wife is also on her tier 2 ICT . Can you please advise whether your wife got her tier 2 ICT outside UK & if yes for your dependent stamping ,she need to travel to the country or she applied via any one of the UK PEO.Thanks