Can my wife be my ILR dependent as she is on Tier 2 General without going India

[Vik0916475]

Hi,
My wife came here in UK in 2011 (living together since then) and she was then on Tier 2 Intra company transfer and I was on Tier 1 PSW visa. Now we both are on Tier 2 General visa through separate companies and I will be eligible for ILR very soon however, my wife will have to wait to complete her 5 years on Tier 2 General.
1. I wanted to know can she switch from Tier 2 General to my ILR dependent?
2. If yes, does she need to go back to India to apply or she can switch from here itself in UK.
3. Does she need to apply with me or she will have to wait until I get my ILR first
4. Will she be eligible for ILR directly or she will have to wait for some time, and how much?
or please suggest if there is any other better option for her..

Regards,
Vik

[CR001]

1. I wanted to know can she switch from Tier 2 General to my ILR dependent?

Yes, if you/she meets all the requirements.

2. If yes, does she need to go back to India to apply or she can switch from here itself in UK.

No, she can switch within the UK.

3. Does she need to apply with me or she will have to wait until I get my ILR first

She can apply after you or on the same day as you (separate appointment) if you are applying in person. If your ILR fails, her FLR(M) will also fail.

4. Will she be eligible for ILR directly or she will have to wait for some time, and how much?
or please suggest if there is any other better option for her..

She will have to wait 5 years on FLR(M) - 2 x 2.5 year visas - before she qualifies for ILR on form SET(M).

There is no quick or shorter route. She needs 5 years residence in either Tier 2 General or FLR(M), she cannot combine the time to make up 5 years.

[Vik0916475]

Thanks for your reply.

I thought as she has been living with me since 2011, she can directly apply for the ILR or may need to wait less than 5 years...

Regards,
Vik

[CR001]

I thought as she has been living with me since 2011, she can directly apply for the ILR or may need to wait less than 5 years...

No, it doesn't work like that. This would ONLY apply if she was a dependent on your visa.

For the majority of routes to ILR, it now requires 5 years residence (the rules changed in July 2012).

[Vik0916475]

I thought as she has been living with me since 2011, she can directly apply for the ILR or may need to wait less than 5 years...

No, it doesn't work like that. This would ONLY apply if she was a dependent on your visa.

For the majority of routes to ILR, it now requires 5 years residence (the rules changed in July 2012).

Thanks for your valuable information....

Regards,
Vik