Future ILR(LR) application

[die_hard]

Hi All senior members/moderators,

I have been following this forum for long time but have recently joined.

I have a question for you as you are senior and most experienced member on this forum.

I will be eligible for 10 years ILR (LR) next year, Sept 2014 (5 years - student, 2 years - PSW and 3 years - Tier 2 General). At the moment, I am on tier 2 general.

My wife joined me as PSW dependent in July 2011. I changed to Tier 2 general in Sept 2011 and my wife also changed as my dependent. She will be completing two years as my Tier 2 general dependent in Sept 2013, hence would be eligible to apply for FLR (M) (based on new rules) next year when I make my ILR application.

My questions is; as my wife is now working, if she goes on Tier 2 General on her own right after September 2013, will she still be eligible to apply for FLR(M) at the time when I apply for ILR next year ? She would have completed 2 years as my dependent in Sept 2013 and then apply for Tier 2 General on her own. So when at the time of me applying for ILR (LR) she wouldn't be my dependent but would have already finished 2 years as my dependent earlier.

I would be very thankful to you if you can address my this query.
Best regards

[vinny]

Already answered.

If your wife goes on Tier 2 (General), then her qualifying period for ILR in this category will be reset to 5 years.
Then, if she switches from Tier 2 (General) to FLR(M), then her qualifying period for ILR in this category will be reset to 5 years.

However, if she switches from Tier 2 (General) dependant to FLR(M), then she will be subject to the transitional provisions, and her qualifying period for ILR in this category will not be reset.