I cannot see anything in their
Long residence or
Closed-category or
Dependants of Part 5 migrants guidelines that says a dependant partner cannot subsequently apply for ILR, if s/he qualifies for it under the Immigration rules. Perhaps you may write to them, asking for a detailed written reply.
In any case, I
believe that they may refuse under the Immigration rules, but not under their guidance.
Moreover,
24.
Laws LJ then said in paragraphs
38 and 39:
It is thus in the nature of the Immigration Rules that they include no over-arching implicit purposes. Their only purpose is to articulate the Secretary of State's specific policies with regard to immigration control from time to time, as to which there are no presumptions, liberal or restrictive. The whole of their meaning is, so to speak, worn on their sleeve...
It's interesting to note that the partner of a PBS migrant cannot directly apply for ILR, if the PBS mirgrant was granted ILR under
Long residence.
319E(c) fails.
319E wrote:(c) The applicant must have, or have last been granted, leave as the partner of the Relevant Points Based System Migrant who:
(i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
There is apparently no similar restriction in
196D(ii).
196D wrote:(ii) is married to or a civil partner of a person who has indefinite leave to remain in the United Kingdom and who had limited leave to enter or remain in the United Kingdom under paragraphs 128-193 (but not paragraphs 135I-135K) immediately before being granted indefinite leave to remain; and
Refusal is
subject to
196F or
General grounds.
An applicant reported an initial
setback. But there were
eventual successes. See also UKBA's
response, confirming our
interpretation.
Unfortunately, if you are not granted ILR in-time, then she
may switch to
FLR(M) by post shortly before her leave expires. Then, they may be correct in saying that the
transitional provisions are not applicable to work permit dependants, although PBS dependants may
benefit. However, if you are granted ILR while her FLR(M) application is undecided, then she may
vary her application to SET(O) under [url=hhttps://
www.gov.uk/government/publications/immi ... les-part-5]196D[/url].
