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,