Hi Vinny,
I have written an email to UKBA explaining my situation and please correct me if I am wrong
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Dear Visa Officer,
I …................. become a British citizen on 15th April 2015 followed by my initial indefinite leave to remain in the UK was granted on 28th November 2013. I applied for my ILR via long residency (10 years), my wife joined me on 21st of January 2012 as PBS dependent. When I was applying for my ILR , I send an application FLR (M) for wife's extension and requested it to be process upon my ILR decision.
The application was sent 14 August 2013 and my wife was granted FLR(M) 14th December 2013 for 30 months under D-LTRP.1.1 of appendix FM. At that time I did not realise that this was an error, she should have been granted further leave to remain under immigration paragraph 287(a)(i)(d) as she applied before 6 April 2014.
Long residence and point based system dependants
4.5.2
A person granted leave to enter or remain as a PBS dependent before 9 July 2012, whose partner who was a relevant PBS migrant gained indefinite leave to remain on the basis of Long Residence, could have made an application before 6 April 2014, under the transitional provisions in paragraph A280(c), for further leave under Part 8 of the Immigration Rules.
4.5.4 This is because paragraphs 284 and 295D of the Immigration Rules were amended to restrict switching by PBS dependants who have leave as the partner of a relevant PBS migrant. From 6 April 2014, they are not able to switch into the Rules for partners of settled persons under Part 8. The PBS dependant will either need to apply for indefinite leave under the Points Based System if they can qualify, or apply for limited leave to remain as a partner under Appendix FM.
4.5.5 PBS dependants who have already switched to being the partner of a settled person under Part 8 (or have applied to do so before 6 April 2014) can continue under Part 8 and apply for indefinite leave to remain under paragraph 287 or 295G. Their period of leave as a PBS dependant can be combined with their leave as the partner of a settled person to meet the required qualifying period.
I hereby seek your advice on whether I should apply for my wife ILR on SET(M) combining the years that she spent as PBS dependant and settled person dependant on FLR(M) (3 years and 5 months).
I appreciate your help.