Tier 1 Dependent or ILR

[virus.vinay]

Hello,

I need some advice about my wife's visa as am utterly confused at the moment.
Following is a timeline with events:

We have been living together since Dec-09, I was on Tier 1 and she was on Tier 2
My wife got a Tier 1 dependent in Oct-13, so I was on Tier 1 and she was on Tier 1 Dependent
I got an ILR in Aug 2014, so I was on ILR and she was on Tier 1 Dependent
Now my wife's Tier-1 dependent visa will expire in May 2015.

I have 2 questions:

(Question 1)
Which form do I use:
Tier 1 dependent https://www.gov.uk/government/uploads/s ... _07-14.pdf
OR
FLR
https://www.gov.uk/government/uploads/s ... _11-14.pdf

Am worried that if I apply it using the wrong form it will reset the 5 year living together clause which started in Oct 2013.

(Question 2)
Is it possible to use her Tier 2 duration and Tier 1 Dependent to qualify under ILR i.e. she applies for an ILR under the 5 year consecutive stay category?

Any help/ pointers will be greatly appreciated.

Regards,
Vinay

[iworker]

tier 1 dependent.
she has to spend 5 years on tier 1 dependent before she qualifies for ilr. her tier 2 does not count.

[virus.vinay]

Thanks for the prompt reply.

Isn't there a rule which says that if the main applicant is on ILR the dependent has to get a FLR. Sorry I cannot back this statement up with any link but some of the discussions tend to intend that.

[t1s2010]

Your dependent has both the options open (1) FLR route (2) T1 dependent extension route.

If you go FLR route, clock resets again to zero @FLR start date to count 5-years further.
If you go T1-dep extn route, your clock remains unchanged i.e. from Oct-13 to count 5-years

Its been discussed in forum many a times. Search a few post of a few weeks and you should find it with source reference.