Dependant of ILR previously on 5 years Tier 2

[sysy01]

Background:

UKBA website says partner of a settled person previously on Tier 2 has to apply for depedent of Tier 2 instead of partner or settled person

http://www.ukba.homeoffice.gov.uk/visas ... you-apply/

Also in this post, but Greenie said UKBA is incorrect, so I need more clarification.
http://www.immigrationboards.com/viewtopic.php?t=121162


My questions:

1) If my wife apply for Tier 2 dependant in 2013 and I apply for ILR in 2014. What does she have to do?

2) In the link above UKBA says she needs to apply for Tier 2 dependant, since she already has one, does this mean she does not need to do anything if her leave is not expire yet?

OR

If Greenie is correct, does this mean she has to apply for Partner of settled person (me), how can she do this? can she do this without leaving the UK?

3) If UKBA is correct and she remains/applies for Tier 2 dependant after I get ILR, do I have to be employed all the time because technically she is a Tier 2 dependant?

OR

If Greenie is correct and she applies for partner of settled person, can she stay and work in the UK if I am not employed in the UK?


Sorry for the long post, I hope my questions are clear.

[Greenie]

Please do not misquote me. The circumstances of the poster in the thread you have linked to are different to yours. He already has ilr and his wife is currently outside the UK with no UK visa. Therefore she needs to apply as the spouse of a settled person.

In your case if your wife applies to join you before you are granted ilr she should continue to extend her leave as a PBS dependent until she is eligible for ilr.

[sysy01]

Please do not misquote me. The circumstances of the poster in the thread you have linked to are different to yours. He already has ilr and his wife is currently outside the UK with no UK visa. Therefore she needs to apply as the spouse of a settled person.

In your case if your wife applies to join you before you are granted ilr she should continue to extend her leave as a PBS dependent until she is eligible for ilr.

Sorry Greenie I misquoted you and thanks for the clarification.


While she is still PBS dependent after I am granted ILR, can she stay in the UK or work if I am not employed? Thank you

[sysy01]

does anyone have the answer to my question? thank you

[Greenie]

You don't need to be employed.