Tier1 Gen Dependent to ILR: Clarification on 2yr Residency

[Deenfat]

Just wondering if the forum's experts will be able me with my query or direct me a previous thread where something similar was discussed. My search using different key words has not be successful.........

I am due to ILR application soon (Tier 1 Gen), but not sure if my partner will be eligible to apply with me. We will be applying under rules in place before 9 July 2012.

Initially I relied on answer to Q12 of the FAQ, in particular

This "2 year" stay in UK need not be as a "dependant" .....

but now thinking It may not apply to our circumstances.

Our circumstance is this:
- Married Dec 2011
- Partner Joined me in the UK Jan 2012, but she came to the country using Tier 4 (Student) Visa and has been on the Tier 4 until June 2012
- Switched visa to Tier 1 (Gen) Dependent Partner July 2012.

My query is with respect to requirement 319E (d)(i)(a)

(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, 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

If we have evidence to show:
1. We have been living in a 'marriage' for 2 years
2. She has been living as a Tier 1 (Gen) dependent partner under the rule in place before 9 July 2012

Then would she qualify to apply for ILR with me even though she has not spent 2 years on a Tier 1 (General) dependent partner visa?

Thanks in anticipation of your help.

[Apam]

In simple terms they key date is 9 july 2012.
If she had her dependent visa before 2012, she will be ok.
Any time after that she may have to wait for 5 years.
Having said that, caseworker's discretion plays a huge role, dome members have had successes after july 2012 when children where part of the family.
You sometimes have to take a chance in such grey areas and hope for the best.

[Deenfat]

Thanks Apam.

Since posting the query I came across these posts which I think answers most of my question. Anybody with similar problem may benefit from them

http://www.immigrationboards.com/indefi ... 0-100.html

http://www.immigrationboards.com/indefi ... 65-20.html