Partner's Visa Category and Time Spent ??? Plz Advise!!!

[MJameelBite]

Hello Forum Members,
I have been a silent member of this forum and getting useful help for quite some time. Thanks to everyone and specially to moderators who always chip-in very useful advise and help to the members and new comers. Today i want to ask a quick question regarding my spouse's visa switching. I would quickly summarize situation as follows !
I got my ILR 2 months ago via 10 year long residence. My spouse joined me in 2012 as dependent and i had psw visa that time. Then in 2014 i got tier 1 entrepreneur visa and she switched over to my dependent of that visa. And now i got ILR in august and she still has my dependent visa of entrepreneur category which will expire in april 2017. So she is here in UK for the last 3 years and 9 months as my dependent and needs needs 1 year and 3 months to qualify for ILR(Having spent 5 years here) !
Now my questions in this situation is
1- Does she "Really Really Needs" to switch visa as a dependent of a settled person now OR "Can she continue to stay on the her old visa of and entrepreneur dependent" ? Because is she stays on the old visa, she will complete her 5 years in february 2017 before visa expiry and can get ILR !!!
2- If she "Does Need To Change Her Visa as a Dependent of a Settled Person", Will the time spent till now be wasted and her ILR time clock sets to zero and she has to start it from scratch for another 5 years? Also please advise what forms need to be filled is she needs to apply for the dependent of a settled person??
Any help in this regard is greatly appreciated and a bundle of thanks to ones who provide information regarding my situation.
Stay Blessed.

[CR001]

1. She should really switch to FLR(M) as her visa is not really relevant since you applied for ILR via a different route than tier 1. If she travels out of the UK, she risks being refused entry on her current visa.

2. No, time already spent as your PBS Dep will not count or be added to the new 5 year residence requirement on FLR(M) to ILR. So yes, it will reset to zero. Form FLR(M) is the form she needs and she can apply within the UK.

[MJameelBite]

1. She should really switch to FLR(M) as her visa is not really relevant since you applied for ILR via a different route than tier 1. If she travels out of the UK, she risks being refused entry on her current visa.

2. No, time already spent as your PBS Dep will not count or be added to the new 5 year residence requirement on FLR(M) to ILR. So yes, it will reset to zero. Form FLR(M) is the form she needs and she can apply within the UK.

Many thanks for such a fast response CR001. One last point, is there any time limit to apply for her FLR(M) as i got my ILR for last couple of months and She is still dependent of my old visa We both are the the directors of our limited company and by combining " Salaries of both of us ", we cross the threshold of £18600 per annum ! Is that okay to show our combined salaries to meet the financial requirement for FLR(M) ??? My accountant will verify the earning via his statement and our salary slips !
Regards.

[CR001]

There is no set timeframe within which to apply but bear in mind the risk of travelling and re-entering the UK if she has not switched.

Yes, you can use combined earnings but only if you apply for her visa within the UK. If she applies from home country for entry clearance, only your income will be relevant.

[MJameelBite]

There is no set timeframe within which to apply but bear in mind the risk of travelling and re-entering the UK if she has not switched.

Yes, you can use combined earnings but only if you apply for her visa within the UK. If she applies from home country for entry clearance, only your income will be relevant.

Got it, many many thanks for the valuable advise. Its going to help me in abundance to carry out my work for her application process now. Stay blessed