Clarification questions for Tier 2 PBS Dependant Visa

[tenseboy88]

Hi Guys,
I am a British Citizen and had some questions around Tier 2 Dependant visa. I would be grateful if someone could answer these.

Background:
My wife arrived in UK on 1st April 2016 on Tier 2 Dependant Visa. She successfully applied for extension in August 2018.

Questions:
1. Is my understanding correct that she can apply for ILR after 5 years i.e March 2021 (28 days before 1 April)?

2. After obtaining the ILR can she then instantaneously apply for British Citizenship? or does she also have to wait for 1 year before applying? I have read that for Dependants they can apply instantly.

3. Are the absence requirement for her as:
A) No more than 180 days in any 12 month rolling period.
B) No more than 450 days over preceding 5 years for ILR application.
C) No more than 90 days over last 12 month before Citizenship application.

Thank you in advance for answering these.

[tenseboy88]

Sorry another question.

What is this 3 year route for dependant to apply for British Citizenship? Now that I am a British Citizen, can I spouse apply for citizenship after her fulfilling 3 years on Tier 2 Dependant visa?

[CR001]

1. Is my understanding correct that she can apply for ILR after 5 years i.e March 2021 (28 days before 1 April)?

What date was the visa issued? You can apply no sooner than within 28 days before the 5th anniversary of the visa start date.

2. After obtaining the ILR can she then instantaneously apply for British Citizenship? or does she also have to wait for 1 year before applying? I have read that for Dependants they can apply instantly.

She can apply immediately if she meets the spouse of BC requirements based on 3 years residence.

3. Are the absence requirement for her as:
A) No more than 180 days in any 12 month rolling period.
B) No more than 450 days over preceding 5 years for ILR application.
C) No more than 90 days over last 12 month before Citizenship application.

You are confusing different rules and requirements. There is NO absence limit for PBS dependents if they have visas issued BEFORE 11th January 2018. Only absence after this date and for visas issued after this date count. There is NO 450 days absence limit preceding the date of ILR - This is relevant to citizenship based on 5 years residence, under section 6(1) of the nationality act. For spouse of BC based on 3 years residence, it is 270 days max in the 3 years. The 90 is for citizenship and applicable to both 5 year route and 3 year spouse of BC route.

Please ask your citizenship questions in the British Citizenship sub forum.