ILR qualified

[sahisunny123]

my wife came to UK in June 2011 on tier 1 dependant visa as i was on Tier 1 general.
in feb 2013, i have finished my 5 years of stay and i have got ILR and as my wife hasn’t finished her 2 years of stay, hence she has been given extension of stay on FLR (M) as ILR dependant.
My wife has finished 2 years and 11 months now counting from june 2011 (tier 1 dependant time + ILR dependant time). can she apply for ILR now? or as she has switched from Tier 1 dependant to ILR dependant in feb 2013, does stay counts from ILR dependant. as she has switched from PBS dependant to ILR dependant in feb 2013 (according to new rules obtained ILR dependant after 9 july 2012), does new rules apply (need to finish 5 years counting from feb 2013)?
Does it matters if she has switched from PBS dependant to ILR dependant? can 2 years rule still apply as she has got tier 1 dependant visa before 9 july 2012 or as she has got ILR dependant after 9 july 2012, does she has to wait 5 years .
i am so confused if 2 years rule still apply for my wife eventhough she has switched from PBS dependant to ILR dependant or as she is no longer PBS dependant, does counting period should start from ILR dependant received date.

can someone please clarify the confusion

[Amber]

Yes she can apply now on SET(M) by virtue of immigration rule 287(a)(i)(d), B1 English and LIUK required.

[sahisunny]

thanks a lot for your reply.
I have spoken to solicitor today. solicitor has mentioned to me that as my wife visa status has changed from Tier 1 dependant to ILR dependant she is no more under 2 years rule and new rules apply where she has to wait 5 years to apply for ILR.

I am very confused now. I have booked an appointment on 9th in sheefield. I was in a impression that as my wife has got tier 1 dependant on june 2011 i thought old rules apply eventhough she has switched from tier 1 dependant to ILR dependadnt.

please clarify this if solicitor is correct or can i still go a head.

thanks

[Amber]

Your solicitor is wrong. Take a copy of rule 287(a)(i)(d) (click) and the transitional provisions (click) to your appointment. I assume FLR(M) was granted for 2 years.

[sahisunny]

thank for your response. does the rule 287 (a)(i)(d) applies for ILR (obtained by 5 years )spouse or is it for 10 years route? i have obtained ILR under 5 years tier1 category.
please clarify. thanks

[Amber]

It can apply to both where the dep was a PBS dep and switched to FLR(M) under Part 8 of the rules.