Many many wholehearted congratulations for your achievement! As a matter of coincidence, I will be applying for my ILR (under the 10 year route) in 2014 exactly on the same date as you did in 2013! I am keeping my fingers crossed as this is something we, who have spent 10 years of their life legally here in the UK, deserve as a right rather than an opportunity.
Thank you
Anyway, please tell me a bit more about your spouse's FLR(M). I need some help regarding this. My scenario is that I am on Tier 1 PSW, and so my wife is a PBS dependant.
same as me and my spouse.
Our extension was granted well before 9 July 2012 and thus my wife should be subject to the old rules that existed before 9 July 2012.
same here
As my wife's leave expires at the same time as me and as she doesn't qualify to apply as a dependent under long residency, she will have to extend her stay using FLR(M).
Thats what i did and still waiting for my spouse decision
Once her FLR(M) is approved and then she spends two years on that, she should then be eligible for settlement using SET(M).
Iam not fully aware of the statement you have given here, because your wife has already given entry clearance before july 2012 or extended s PBS before july 2012. At the moment i have been using damanisshallo advice regarding this and other queries asked by you.
But as the rules currently stand: a PBS dependant not in a route to settlement (such as Tier 1 PSW) cannot switch to partner route and must spend two years on FLR(M).
I need more info on this as well.
Now i took this statement from 'SUSHDMEHTA' thread :
Effect of changes to immigration rules being introduced on 09-Jul-12 and qualifying residence period for settlement
For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) .... before 09-Jul-12, then:
1. if you need to switch to FLR(M) and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.
For anyone who applied .. for the very first time .... for leave as "spouse/partner" (of settled person or British citizen) .... before 09-Jul-12, then:
1. if you need to extend using FLR(M) for some reason and then apply for settlement later, you will remain subject to the current immigration rules and not the new rules becoming effective on 09-Jul-12, and
2. the qualifying period for settlement is 2 years.
For anyone who applied .. for the very first time .... for leave as a "dependant" (of PBS migrant) or "spouse/partner" (of settled person or British citizen) .... after 08-Jul-12, then:
1. you will be subject to the new immigration rules becoming effective from 09-Jul-12, and
2. the qualifying period for settlement will be 5 years.
When can the dependant apply for settlement?
1. If main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person (i.e.- on FLR(M) leave) (287(a)(i)(d) and 287(a)(i)(e)).
Note: There was an ambiguity (perhaps perceived) whether this rule(s) include dependant of a PBS migrant in a category that does not lead to settlement (e.g. - Tier 1 (PSW), Tier 4). Clarification on the issue has been received (as per the following post) from UKBA and it has been confirmed that all PBS dependants are included.
2. In all other cases - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).
If you switch to FLR(M), use SET(M) to apply for settlement.
Hope this helps you as i got clear answer after reading this.
Link is below
http://www.immigrationboards.com/viewtopic.php?t=105162
