Possible routes to ILR

[mojtaba]

Hi experts,
Hoping to get some clarification or advise on my immigration. A quick summary:

Came to the UK:

01/01/2004 as Student.
Got few extension whilst continuing my study until 01/07/2011.
Applied for PSW ( initially rejected due to maintenance ) but then got my visa until July 2013.
Since March 2013 I've been on Tier 2 General which expires on July 2016 ( can and will extend on March).
As I was outside of the UK during my summer holidays for more than 18 months when studying (never more than 4 months) , my starting date to use 10 years route has to be set on 01/01/2007. ( this is what a solicitor told me). I also got married and brought my wife here on Tier 2 Dependant visa on April 2013. Her visa expires with me on July 2016.
What I like to get some advise is:

1)If I apply for ILR on 2017 using the 10 years route, will my wife be eligible to get it with me as well?

2) is it a better option to wait until March 2018 ( 5 years on Tier2) to apply for ILR? If so, will my wife gets the ILR with me as well?

3) Does PSW visa counts towards 5 years continues stay ( PSW + Tier 2) to apply for ILR??

Many thanks for your help on this.

Regards

[CR001]

1. No, she will have to switch to FLR(M) which will reset her clock for ILR to zero and she will have to wait another 5 years (2 x 2.5 yr visas) to qualify for ILR.

2. Yes, as long as she meets the 5 year requirement as well.

3. No, PSW only counts towards 10 years long residence ILR.

How many absences do you have since you arrived in the UK? You are allowed 540 days and no single absence should be more than 180 days.

[mojtaba]

Many thanks @CR001 for this. it gives me a good clarify for future decision.

As for number of days, starting from:

2004 - 2014: 850 days out .
2005-2015 : 730 days
2006 - 2016 : 600 days
2007 - 2017 : 450 days,

my single absence were not more than 100-120 days through all my stays.

Given your advise, we are going for 5 years on Tier 2 General as it sure is the right option.

Thanks again, this site is awesome

[CR001]

Tier 2 G with 5 years residence is the better option.