Dependent VISA - a little complicated

[Joecage]

Hi,
I become eligible for my ILR by December 2014, my wife has been working in the uk since 2010 november on an tire 2 (ICT) visa and is not on a dependent VISA. As you can understand, she is not eligible for ILR under her own VISA independently. We got married in may 2012 and have been living together ever since. Can she apply for her ILR as my dependent ?

[North Pole]

No- her current leave is tier 2 ict. She must have been under your dependant visa to be eligible. You will have to make a new application under PSB dependant visa and wait for 5 years.

[Frontier Mole]

@ North Pole

The OP will have ILR and a different set of rules apply. The dependent may have to apply under the previous Tier rules that applied to the OP.
However given the circumstances of the spouses leave since 2010 that may not be the case.

A couple of questions

Assuming Tier 2 general is the OP current leave - is that correct?
When did the ICT visa application take plcae was it before April 2010

[North Pole]

@ Mole

Read his above post properly, he said he would become eligible only by December, and for now not to waste time he could make application under tier 2 general dependant. First of all he hasn't got his ILR yet!!!

Only if he had approved his ILR then it's possible to convert that to family of settled person visa. By the time he applies for his ILR, then his wife will have a chance to extender under same category under for another 2.5 years in-country application.

Read the post properly and comment!!!

[Frontier Mole]

Ok lets look at this across the board

Can his spouse get ILR when he applies for it - No

If the spouse moves onto dependent PBS visa prior to his ILR application - her previous leave in the UK will count towards her five year probation. Assuming there has been continuous leave under tier 2 ict.

If she applies for leave as an ILR dependent without getting PBS dependent first she will have to wait five years for ILR in her own right.