Tier 2 (General) Dependant - Eligible for ILR ?

[samzy]

Need some help in taking a decision. Please Help

Currently I am on Tier 2 General Visa with the same sponsor from past 5 years and I am eligible to apply for an ILR at the end of November 2014.
And my partner is on Tier 2 general dependant visa (my dependant) she entered the UK on 25th August 2012 is she eligible to apply for ILR at the same time as mine? I know the rules has been changed on 9th July 2012 that dependant entering the country (UK) after these dates has to be 5 years in the UK to qualify for ILR.
I am wondering if she is not eligible for ILR in November 2014 under what dependant category she can apply along with me in November.

Can someone please suggest? I really appreciate your help

Thanks,
Sam

[tier1Reading]

This depends on which date the dependent applied for visa. Did the dependent applied before 9th July 2012 ? If so, she is eligible otherwise she has to go for FLR.

[samzy]

Thank you very much for your reply

No my partner applied after 9th of July (first week of August).

Can you please suggest if the FLR can be applied at the same time along with my ILR (same day appointment Premium service) or I have to go first get my ILR status and then apply for FLR for my partner?

Thanks a ton

Sampath

[tier1Reading]

Thank you very much for your reply

No my partner applied after 9th of July (first week of August).

Can you please suggest if the FLR can be applied at the same time along with my ILR (same day appointment Premium service) or I have to go first get my ILR status and then apply for FLR for my partner?

Thanks a ton

Sampath

Yes, I think you can... and have to ask the CaseWorker to consider dependent's FLR application after main applicant's ILR is granted.
Seniors can point you on right way to do this.

[samzy]

Thank you for the quick response. Cheers

[vinny]

She may apply as a PBS dependant.

[iworker]

You should definitely NOT apply FLRM as that will reset the counter. Your dependent should continue and apply for extension of PBS dependent before her current leave expires (this does not need to be at the same time as you apply for ILR if her leave is valid for some time). Once she has spent 5 years on PBS dependent, she can apply for ILR.

[samzy]

Thank you all for your suggestions, We have decided to go with the PBS dependant extension once I get my ILR status.

Cheers,
Sam