ILR route 2/5/10 years

[Habibullah]

Hi,
I am applying for ILR on 10 years long residency route, I am currently on TIER 1 general visa my wife came to UK in March 2012 on TIER 1 dependant, MY application for ILR will be made around the same time my TIER 1 is expiring so as my wife's, I would really appreciate If someone help me finding out which visa my wife will have to apply when I am applying for ILR, I checked the UKBA according to which she should go for FLR M (please correct me if I am wrong) I checked some immigration forum where they say if she was issued a visa under PBS system before April 2012, she can apply for ILR under 2 years route system, it's all very confusing, I have a two years old child who was born here too. Can you please help me out here.
Thanks

[CR001]

She needs to apply on FLR(M), this is the ONLY option she has.

She cannot apply for ILR based on 2 years residence as PBS Dep if you apply for ILR based on 10 years long residence. She would only be able to do that if you applied for ILR based on Tier 1 G.

[Habibullah]

Thank you so much, can you please look at this reply from a member and explain how my situation is different. I am very confused,

~ If you are dependent in any category before July 2012 the this all period as dependent will count toward 2 years .
I will explain u my time line and you will under stand
Enter uk dependent student 2006
Change to psw dependent 2012
Hubby got ILR dec 2013
Got ILR of settled person 2014(myself)



Also this is explain by homeoffice as my mail reply I am attaching it.


Email I'd

FamilyOpsPolicy@homeoffice.gsi.gov.uk

Dear Sir/Madam,

Thank you for your email, I apologise for the delay in responding.

1. If a person has been granted ILR on the basis of 10 years long residence, their spouse can no longer be considered as a PBS dependant, and they must apply for an extension of stay as the partner of a settled person on application form FLR(M). A person here as a PBS dependant would not be able to meet the settlement requirements of the spouse rules if they were to apply directly, without first applying for limited leave to remain on form FLR(M).

2. As long as the spouse was granted leave to enter or remain as the dependant of a PBS migrant prior to 9 July 2012, then the spouse can be considered under the transitional Part 8 rules for further leave to remain as the spouse of a settled person under Paragraph 284. These Part 8 rules do not include the Financial Requirements (including earnings over £18,600) you have mentioned, however they do require an applicant to be adequately maintained and accommodated without recourse to public funds. Further information on this is available on our website at the following address: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

3. A spouse can combine any leave as a PBS dependant with leave as the partner of a settled person granted under Part 8, to meet the qualifying period under paragraph 287 of the Immigration Rules, which is 2 years. They will need to satisfy all the requirements of these rules, including the English language requirement. Further information on this is available on our website at the following address:
http://www.ukba.homeoffice.gov.uk/polic ... ansitional provisions and http://www.ukba.homeoffice.gov.uk/visas ... uage-life/.

4. A spouse meeting the above requirements can consequently apply for settlement at any point after they have competed 2 years in a combination of these 2 categories (PBS dependant and spouse of a settled person).

I trust this clarifies the situation.

Kind Regards,

[CR001]

How old is this email? It is not called UKBA any more and hasn't been for quite a while.

The rules regarding PBS Dependents of 10 years long residence applicants changed in April 2014. The PBS dep has to switch to FLR(M) and wait another 5 years in this category before they will qualify for ILR. See link below, the second post by Vinny contains the link with the changes.

http://www.immigrationboards.com/immigr ... 43881.html

[Habibullah]

Thanks a lot, that explained every thing.
thank you