Dependent Visa status changes if I am applying ILR

[krishna1]

Hello,

I am currently holding Tier2 Company dependent visa. My partner is dependent on me and have valid visa till Aug 2017 same as me. I will complete my 5 years of UK residence in Aug 2016 and planning to apply for ILR.

As my visa status will be changing from Tier2 General to ILR so do I have to apply visa for my Partner as well? She came to UK in Feb 2015 and her visa is valid till Aug 2017 so Can I apply her visa extension in 2017?

Thanks

[iworker]

once you have your ilr, you have 2 options, you can let your wife continue on her visa and then extend her PBS dependent visa close to when it is finishing and she will get 3 years extension. once she has been pbs dependent for 5 years, she can apply ilr.
or you can change her visa to flr (m) and her counter will reset and she will then have to stay 5 eyars on flr m , renewing her visa once as flr m is granted for 2.5 years each time. you will have to pay for ihs for both visas.
considering the time and duration of her visas, it will be better for her to continue on her pbs dependent.

[krishna1]

Thanks for the information.
So there is no obligation to apply for her visa along my ILR as my status will be changing from Tier2 General to indefinite leave?

[krishna1]

Also, if I apply my partners extension next year that time my status will be on ILR. How come she can apply for PBS dependent visa? Is it allowed?

[CR001]

Also, if I apply my partners extension next year that time my status will be on ILR. How come she can apply for PBS dependent visa? Is it allowed?

Yes, it is allowed as long as you apply based on 5 years residence and NOT 10 years long residence.

[krishna1]

Thanks for the response.
One last question here- Next year after my ILR when I apply my partners extension under PBS I will not have COS (certificate of sponsorship) anymore. My dependent extension application will be based on my ILR (5 years stay).

And you are saying this is still allowed to apply for dependent extension under PBS even I am on ILR status without COS.

[iworker]

i would have said simply yes to your last question, but i think i may have to write an affidavit to promise you that.
Best option for you is to look at pbs dependent guide and you can find this in it.

[CR001]

And you are saying this is still allowed to apply for dependent extension under PBS even I am on ILR status without COS.

YES!

[krishna1]

Thanks again. Apologies for repeating my self here. As you can understand visa application can become complicated case if not followed under clear guidelines so I was just trying to clear all doubts.
I have checked the UKBA dependent document as well which verify all comments. Appreciate your help here!! Great Help!