ILR Application - spouse with TIER 1

[RSetia]

Hi,
I am a Tier 2 holder (earlier work permit ) now eligible for ILR. My wife's lived with me in Uk all these 5 years. She was my Tier 2 dependent from 2006-2009 (3 yrs) and then she got her own Tier 1 in Apr 2009. Currently she is not a dependent for visa purposes.

Q. Can i apply for ILR with her as a dependent on my SET(O) application?

I have got contrary replies on the above from Immigration contact centre. 1 person told me that she can apply only if she is a dependent on the date of application. The other person told me that for Tier 1/2 the rules are different and she IS eligible to apply since she's lived with me for so long.

I need to know for sure so that i can decide either to:
A. Go ahead with the ILR application now OR
B. Get her status changed to dependent and then apply for ILR a couple of months later.

Need to be sure which option (A or B) is possible/guaranteed, because last thing i want is to lose the Tier1 status and then go into a loop of FLR(M) for 2 years.

Please advise.

Regards
G

[geriatrix]

Duplicate post