FLR (M) or ILR

[saj626]

Hello all of you..

My wife came to UK on Feb 2014 as PSW dependent visa then end of psw visa she got extension as tier 4 dependent then end of tier 4 Dependent visa then I got ILR in June 2016 and she got FLR (M)
My question is she will have to wait 5 years from June 2016 or she is eligible in 2019 for ILR.

When her FLR (M) visa in process in 2016 we had received letter from caseworker to provide cohabitation document for last 2 years however her application was for First FLR (M).

When she successfully granted FLR M visa in 2016.

This is what it says in approval letter. What does it mean?

“When and how can I apply for ILR?”

In order to qualify for settlement you must have completed a period of 2 years in the United Kingdom as the spouse. Furthermore since 2 April 2007 applications for settlement have been required to show they have sufficient knowledge of language and life in the UK in order to qualify.

Please understand any future application that you make in the marriage category will be assessed against paragraph 284 or 287 or 295D 295G of the immigration rules.

[vinny]

Unfortunately, she has to complete a total of at least 5 years (minus 28 days) under FLR(M) before being eligible for SET(M). A2 English required for second FLR(M).

[Obie]

One can see why OP is thinking the way he does, but the accompanying letter given to him was wholly wrong as a matter of law, but OP can use it as defense if they were to refuse him ILR in the event of an application.

[vinny]

I suspect that you cannot rely on the letter. However, with the Immigration Rules being too complex, a caseworker might not realise it's a mistake.

[saj626]

Thank you very much for reply what would be best? Shall i go for SAR and see what notes they made on this case ?