ILR for a PBS migrant of Tier1(PSW)

[Hinamalik]

Hi All

sorry to bother you guys but after going through the Home office website, and some solicitors I could not get the correct answer.

I was granted ILR in May 2011 and the same time my husband was granted spouse visa by using FLR(M) form for the period of two years. However, he came to UK in December 2009 as my dependent under Tier 1(PSW) migrant.

my query is that as a married partner we have completed two years in the UK ( 1.5 years a PBS dependent) and now 8 months as a FLR(M).

can he apply for indefinite using SET(M) as we have completed two years as a married partner and I have been his sponsor throughout OR does he need to complete full 24 months on FLR(M) category until he qualifies for ILR.

The Paragraph 287 of the rules for ILR state that :-
__(c) was admitted to the United Kingdom in accordance with leave granted under paragraph 282(c) of these rules; and

__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;

It is all confusing I would be grateful if you someone could assist us.

Regards

[Lucapooka]

He can apply now. He could have applied any time from December 2011 having first switched to FLR(M) and completed an aggregated total of two years from both categories.

[Hinamalik]

Thank you for your assistance. but one thing i do not understand i asked the same question from at least two solicitors and they did not what they are talking about:)

thanks again