When does my partner's qualifying period for ILR start?

[TheApplicant]

Hi all!

I am a tier 2 HSMW and by late 2015, i will be eligible to apply for ILR.

My wife has been studying here since 2010 and her student visa will expire late 2014, when she will switch to a dependent visa on me. (we met here in the UK; have been living together since early 2012 and got married this past year.)

Now, my question is: when I apply for my ILR, can she apply as well? or should she wait for 5 years?

And if she should wait for 5 years: Does the 5 years period begin from the day she switches to the dependent visa on me? or did it begin from the day she entered the UK on a student visa?

[ryans]

Now, my question is: when I apply for my ILR, can she apply as well? or should she wait for 5 years?

She can apply as a PBS dependant when you apply for ILR but she will have to return to her country of origin to switch visa categories. She can apply for ILR once she completes 5 yrs under the new rules

And if she should wait for 5 years: Does the 5 years period begin from the day she switches to the dependent visa on me? or did it begin from the day she entered the UK on a student visa?

The 5 year period begins from the day your wife switches to the PBS dependant category.

[Amber]

A PBS dep switch can be made in-Country.

[TheApplicant]

Thanks to you both for your help!

As I said her student visa will expire late 2014. Does she have to wait until her student visa expire and then switch to dependent visa? Or can she switch anytime now?