Hello Ehsan ,umamah wrote:Thanks everyone for your time to read my queries and your reply.
But one of my friend received an email from home office for same queries on September 2012 and his wife got settlement visa just after getting her FLR (M) visa. I am not sure whether the rules has been changed or not but here I am adding home office email for your information.
From: Settlement Ops Policy Mailbox [mailto:SettlementOpsPolicy@homeoffice.gsi.gov.uk]
Sent: 21 September 2012 14:02
To:
Cc: Settlement Ops Policy Mailbox
Subject: {Spam?} RE: Dependents of 10 year long residence settlement applicant
Dear ...
Thank you for your email.
As a policy team we are unable to give advice on individual applications. However, I can clarify the Immigration Rules for partners.
It may be helpful if I explain that based on the information in your email the probationary period for eligibility to apply for ILR for your wife is 2 years because she was granted entry clearance or limited leave to enter or remain under Part 8 of the Rules before 9 July 2012. More information is given on our website in the Transitional provisions at: http://www.ukba.homeoffice.gov.uk/polic ... -8-app-fm/
Paragraph 319E of the Rules provides for dependant partners of relevant PBS migrants granted leave to enter or remain under paragraphs 319B-319D of the Rules to apply for ILR at the same time as their partner/later if the partner is/was granted ILR as a PBS migrant.
When the PBS migrant is granted ILR in the Long Residency category their partner is not eligible to apply under paragraph 319E. They need to apply to "switch" into the partner of a person who is settled in the UK category. Where the above mentioned transitional arrangements apply, the partner needs to apply to "switch" under paragraph 284 of the Rules. Once they have been granted FLR as the partner of a person settled in the UK they are eligible to apply for ILR under paragraph 287(a) once they have completed the probationary period. Paragraph 287(a)(i)(d) provides for the leave granted as a PBS dependant to be amalgamated with the leave as a partner of a settled person. Therefore, some partners will be eligible to apply for ILR immediately after gaining FLR. They must meet all of the requirements of paragraph 287(a) to apply for ILR.
Information about the application forms and performance targets for applications is available on our website.
I hope this information is useful.
Settlement Operational Policy[/color][/color]
Thank you very much to share the email which HO has send to your friend ,
its says that in your friend case his wife has to wait only 2 years for ILR and she arrived before 9th april 2012 ...so can you tell us which visa category your friend is now and did his wife changed her visa AFTER ARRIVING in this country in point base system ....actually the email which you have shared is actually interpretating same thing which is written on page 8 flr(m) guidance
https://www.gov.uk/government/uploads/s ... _08-14.pdf
d) You must meet the financial requirement
You need to meet the financial requirement if you made your first application to enter or
remain here as a partner after 9th July 2012, or if your last leave was granted as a partner of a
Relevant Points Based system migrant.
so those whose last visa is granted on point base system comes under new rule
Can you tell us is your friend wife still has got same visa she got before 9th july 2012 by any chance ?
because home office email is also saying that
"When the PBS migrant is granted ILR in the Long Residency category their partner is not eligible to apply under paragraph 319E. They need to apply to "switch" into the partner of a person who is settled in the UK category".
its means if you as a main applicant last visa was on PBS then your partner will not eligible for the old rules ....
but in any way in your case your wife her self completed her 10 years in 2017 after you got ILR she has to change her visa for FLR(M) and during this visa she her self eligible for SET(LR) ...
Hope its helps ,
Thanks for sharing that email ,
Regards ,
S.Akaram



