2 Year Requirement

[virus.vinay]

Hi there,

Am currently in the UK on a Tier 1 which expires in June, 2013 completing 4 years of continuous stay. I'll apply for a Tier 1 extension, hoping that I get one, I'll be eligible for an ILR in June 2014.

My wife is in the UK on a Tier 2 visa which expires in Jan 2014. We have been living together for 3 years. She has a gap of 3 months in Jan 2012 when she went back to get her visa renewed.

Now the questions are;
1) Can she go back, get a dependent on my Tier 1, come back to UK and still be eligible for an ILR dependent in June 2014 i.e. not a continuous stay of 2 years and a change in visa type as well.
2) Can she get an extension on her Tier 2 visa (which has a slim possibility) and then apply for an ILR dependent in June 2014 even though she would be on Tier 2 visa and not Tier 1 dependent

I would be grateful for some right direction cause all the web information is getting me confused.

Vinay

[vinny]

1. If she is your PBS dependant, then she may apply for an extension as a PBS dependant. 319E(d)(ii) now requires 5 years.
2. She may change to spouse status after you have been granted ILR. E-ILRP.1.3 now requires 5 years.

[virus.vinay]

Thanks for your reply Vinny.
She has never been my PBS dependent which means that the duration applicable to us is 5 years.

A few more questions. Please bear with me:-

1) We have started living together since Dec, 2010 but she moved to UK one year before though we were living in different cities. So should we consider the "living together after marriage" from Dec, 2010 or Dec,2009.
2) Should this 5 year stay be without a break i.e. like a few months away (cause she needs to travel later this year to get a PBS dependent)
3) Once I get my ILR would she become an ILR dependent?