ILR query with wife on a seperate VISA

[pja]

Hello

Thanks for all your expert and valued advice over the years.

I am currently on a TIER 2 General Visa and will qualify for ILR in September 2014. I have been married since May 2011 but my wife has been in the UK under Tier 1 General before and will qualify for ILR in end of 2015. She is not a dependent under my visa.

If i apply for the ILR and can i also include my wife as a separate applicant( non dependent ) or
Do i have to wait to receive my ILR and then my wife can apply using my ILR showing the relation.

secondly, as my current visa do not show my wife as a dependent, how will she qualify for ILR? I have read in this forum that the dependent should show 2 Years of marriage. Not sure if providing the marriage certificate will suffice for this.

Also please can you let me know what documents other are needed for showing that we are married and live together.

Any help / advice would be greatly appreciated.

Regards
PJA

[vinny]

No. If your wife is eligible for ILR under Tier 1 (General) at the end of 2015, then she should carry on that route.

[pja]

Thanks for your reply.

but i did go through some other posts in this forum and have also checked the guidelines. I am getting confused with the clause below

319E (d) which I quote verbatim from the official website below:

(d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules

under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years

319 E (d) does not state that the applicant has to be in the UK as the partner of PBS migrant with leave to remain as the partner of PBS migrant for a period of 2 years.

Please can you explain.

Regards
Arun Johny

[Amber]

If not a PBS dep before July 2012, you can't rely on transitional provisions, thus a 5 year route to settle if you switch, which will be restarted. Thus, follow what Vinny has typed.