divorce impact for PBS dependency to apply for ILR

[sddxac]

My wife is on PBS dependency visa of me since Jan 2014. What is the earliest time to apply for ILR for her? We are in divorce discussion but I still want to support her IRL even if we get a divorce. How will divorce impact the application? How can she still get IRL even if we divorce before Jan 2019?

[vinny]

(e) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.
(f) The applicant and the Relevant Points Based System Migrant must intend to live permanently with the other as their spouse or civil partner, unmarried or same-sex partner.

fail.

She cannot get ILR.

[sddxac]

hi Vinny, thanks for your reply. We have not divorced yet. Even if we remain in the marriage until Jan 2019, she can not get IRL? I thought she can cos we will still be in marrage.

[Obie]

hi Vinny, thanks for your reply. We have not divorced yet. Even if we remain in the marriage until Jan 2019, she can not get IRL? I thought she can cos we will still be in marrage.

You will still not be in a subsisting relationship, and will not be intending to live together permanently and hence vinny's point will still be valid.