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The advice given last year has not changed.vinny wrote:No. Everything was reset when they applied under partner of a person with ILR category on or after 9th July 2012.
vinny wrote:She has leave as a partner of a settled person under Appendix FM. I think 319E(c) prevents her from applying for SET(O), as she does not have leave as the partner of a Relevant Points Based System Migrant under 319C.
Although it may be possible for her to switch back to being the partner of a Relevant Points Based System Migrant under 319C, her continuous leave was broken while she was aboard. So, she may still be subject to 5 years under 319E(d)(ii).
CR001 wrote:The advice given last year has not changed.vinny wrote:No. Everything was reset when they applied under partner of a person with ILR category on or after 9th July 2012.
They cannot apply for ILR, they don't qualify for it, because they change visa and applied for new entry clearance as Spouse/Child Settlement visas. The time spent on Tier 2 ICT dependent is lost now.
They have to apply for ILR, when they qualify in 2019, on form SET(M) as spouse & child of person settled/BC.
Have you applied for an extension for them on FLR(M)? What are their exact dates of the visas?