Extremely confuse on spouse 5 year route counting

Hello everyone, happy new year.

My husband visa timeline is
10/2012 issued tier2 work visa, 2 years
10/2014 issued tier2 work visa, 3 years
09/2017 issued ILR

Me visa time line
Marriage with my husband in 2014
12/2014 issued (tier 2 PBS dependant visa) till 10/2017 =34 months
02/2015 entry UK use PBS dependant visa

During my husband applied ILR(09/2017) I also applied settled spouse visa (set m form) successfully. 2.5yrs

My current spouse visa will be due at 02/2020.
Am I eligibled for ILR on spouse visa 5 yrs route now?

Can my previous 2.5yrs PBS tier2 dependant be counted as the part of 5 yrs spouse ILR route?

If I can use the 2.5yrs PBS Tier2 dependant plus the 2.5yrs ILR spouse visa total 5 yrs, which form shall I use for apply my ILR? Shall I use the SET(M)?

Thank you.

wuhuchemical wrote: ↑

Wed Jan 01, 2020 1:12 am

Hello everyone, happy new year.

My husband visa timeline is
10/2012 issued tier2 work visa, 2 years
10/2014 issued tier2 work visa, 3 years
09/2017 issued ILR

Me visa time line
Marriage with my husband in 2014
12/2014 issued (tier 2 PBS dependant visa) till 10/2017 =34 months
02/2015 entry UK use PBS dependant visa

During my husband applied ILR(09/2017) I also applied settled spouse visa (set m form) successfully. 2.5yrs

My current spouse visa will be due at 02/2020.
Am I eligibled for ILR on spouse visa 5 yrs route now?

Can my previous 2.5yrs PBS tier2 dependant be counted as the part of 5 yrs spouse ILR route?

If I can use the 2.5yrs PBS Tier2 dependant plus the 2.5yrs ILR spouse visa total 5 yrs, which form shall I use for apply my ILR? Shall I use the SET(M)?

Thank you.

No, as you are unable to combine the time spent on two different categories of visa. Your immigration clock reset to zero when you switched to FLR(M) and you need to spend the full 5 years under this category before qualifying for ILR.

However, all legal residence qualifies for 10 years long residence - SET(LR)

Or switch back?

Casa wrote: ↑

Wed Jan 01, 2020 2:24 am

wuhuchemical wrote: ↑

Wed Jan 01, 2020 1:12 am

Hello everyone, happy new year.

My husband visa timeline is
10/2012 issued tier2 work visa, 2 years
10/2014 issued tier2 work visa, 3 years
09/2017 issued ILR

Me visa time line
Marriage with my husband in 2014
12/2014 issued (tier 2 PBS dependant visa) till 10/2017 =34 months
02/2015 entry UK use PBS dependant visa

During my husband applied ILR(09/2017) I also applied settled spouse visa (set m form) successfully. 2.5yrs

My current spouse visa will be due at 02/2020.
Am I eligibled for ILR on spouse visa 5 yrs route now?

Can my previous 2.5yrs PBS tier2 dependant be counted as the part of 5 yrs spouse ILR route?

If I can use the 2.5yrs PBS Tier2 dependant plus the 2.5yrs ILR spouse visa total 5 yrs, which form shall I use for apply my ILR? Shall I use the SET(M)?

Thank you.

No, as you are unable to combine the time spent on two different categories of visa. Your immigration clock reset to zero when you switched to FLR(M) and you need to spend the full 5 years under this category before qualifying for ILR.

However, all legal residence qualifies for 10 years long residence - SET(LR)

Dear Casa,

Thank you very much for your help.
Actually, I pointed out this key question 2.5 yrs ago, when I chose which visa type " spouse of a settled person OR Extend Tire 2 dependant visa" during my husband Tier2 to ILR application.

I instruct and paid a UK immigration licensed solicitor to deal with my case. My solicitor also answered my worry in written said "i can combine 2.5 yrs PBS dependant + 2.5 yrs spouse of settled man as 5 yrs spouse ILR route. My first 2.5 yrs will not be wasted."

But I search on immigration law now, the law seems not to support solicitor's explanation.
The licensed immigration solicitor may make mistake as well? I have to trust my solicitor 2.5 yrs ago, because I am not professional, but I still worry about if the solicitor made a mistake?

Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of
the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.
E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner
(disregarding any period of overstaying for a period of 28 days or less).
E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with
limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) or in the UK with entry
clearance as a partner under paragraph D-ECP.1.1 (what is this?).; or a continuous period of at least 120
months with limited leave as a partner under paragraph R-LTR.P.1.1(a), (b) and (d) or in the UK
18
with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at
least 120 months with limited leave as a partner under a combination of these paragraphs,
excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed
civil partner.

vinny wrote: ↑

Wed Jan 01, 2020 3:07 am

Or switch back?

Hi vinny, thank you for your reply.
I have read your mentioned link, it seem that many people faced the same problem.

Actually, I pointed out this key question 2.5 yrs ago, when I chose which visa type " spouse of a settled person OR Extend Tire 2 dependant visa" during my husband Tier2 to ILR application.

I instructed and paid a UK immigration licensed solicitor to deal with my case. My solicitor also answered my worry in written said "i can combine 2.5 yrs PBS dependant + 2.5 yrs spouse of settled man as 5 yrs spouse ILR route. My first 2.5 yrs will not be wasted."

But I search on immigration law now, the law seems not to support solicitor's explanation.
The licensed immigration solicitor may make mistake as well? I have to trust my solicitor 2.5 yrs ago, because I am not professional, but I still worry about if the solicitor made a mistake?

please if you could review above immigration law.

E-ILRP.1.3. The applicant must have completed a continuous period of at least 60 months with
limited leave as a partner under paragraph R-LTRP.1.1.(a) to (c) what is this, PBS dependent match this as well? or in the UK with entry
clearance as a partner under paragraph D-ECP.1.1. what is this?; or a continuous period of at least 120
months with limited leave as a partner under paragraph R-LTR.P.1.1(a), (b) and (d) or in the UK
18
with entry clearance as a partner under paragraph D-ECP.1.1.; or a continuous period of at
least 120 months with limited leave as a partner under a combination of these paragraphs,
excluding in all cases any period of entry clearance or limited leave as a fiancé(e) or proposed
civil partner.

Unfortunately, E-ILRP.1.3. only refer to other sections of Appendix FM. Whereas Partners of Relevant Points Based System Migrants are under Part 8.

The Immigration rules are too complex and subject to changes.

vinny wrote: ↑

Wed Jan 01, 2020 11:29 am

Unfortunately, E-ILRP.1.3. only refer to other sections of Appendix FM. Whereas Partners of Relevant Points Based System Migrants are under Part 8.

The Immigration rules are too complex and subject to changes.

Dear vinny,
Thank you very much for your help.
Of course most people should choose 'extend PBS dependant' and apply ILR very smoothly.
However, my case is very rare. It seems that no similar certain result of case (PBS+FLR=>ILR). approved or refused in this forum.

I try to find answer from gov website step by step.

https://www.gov.uk/settle-in-the-uk
click:
continue-->
You're the family member or partner of someone who has settled in the UK-->
On a work visa-->
A tier 1, tier 2 or tier 5 visa-->

result:

Eligibility for partners
Your current visa must be as a dependant on your partner’s tier 1, 2 or 5 visa.

If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.

You must also have been living with your partner in the UK for at least:

2 years if you applied for your current visa before 9 July 2012
5 years if you applied for your current visa on or after 9 July 2012

click that underline text:
jump to https://www.gov.uk/settle-in-the-uk/y/y ... ur-partner

If you’ve got a family visa as a partner or spouse on the 5-year route, you must have been living in the UK for 5 years.

I am currently hold spouse of settled people visa.
Am I on the 5 year route now? YES.
Have I been living in the UK for 5 years? YES. So Eligibility?

Must I living in UK for 5 years only under family visa? So here is very unclear rule on my case. Hope help other similar case here in the further.
If search 'FLR PBS' some topics here in the history.

However, my case is very rare. It seems that no similar certain result of case (PBS+FLR=>ILR). approved or refused in this forum.

Not rare at all. Many switch categories without knowing the implications.

Must I living in UK for 5 years only under family visa? So here is very unclear rule on my case. Hope help other similar case here in the further.
If search 'FLR PBS' some topics here in the history.

Yes, 5 years in current visa category.

Unfortunately, it seems clear.

CR001 wrote: ↑

Wed Jan 01, 2020 4:16 pm

However, my case is very rare. It seems that no similar certain result of case (PBS+FLR=>ILR). approved or refused in this forum.

Not rare at all. Many switch categories without knowing the implications.

Must I living in UK for 5 years only under family visa? So here is very unclear rule on my case. Hope help other similar case here in the further.
If search 'FLR PBS' some topics here in the history.

Yes, 5 years in current visa category.

Dear my love CR001,

Here is the law may support PBS+FLR=>ILR

https://www.gov.uk/guidance/immigration ... ly-members

Section E-ILRP: Eligibility for indefinite leave to remain as a partner
E-ILRP.1.1. To meet the eligibility requirements for indefinite leave to remain as a partner all of the requirements of paragraphs E-ILRP.1.2. to 1.6. must be met.

E-ILRP.1.2. The applicant must be in the UK with valid leave to remain as a partner under this Appendix (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded).

E-ILRP.1.3. (1) Subject to sub-paragraph (2), the applicant must, at the date of application, have completed a continuous period of either:

(a) at least 60 months in the UK with:
(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or

Is this a big shock for all similar case people?

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or

Neither of these two rules are PBS dependent routes. D-ECP and D-LTRP are both rules under Appendix FM and not Appendix W for PBS dependents.

The rules changed in April 2014, removing the ability for PBS dependents to combine time with FLR M spouse visa to qualify for ILR.

CR001 wrote: ↑

Wed Jan 01, 2020 4:40 pm

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or

Neither of these two rules are PBS dependent routes. D-ECP and D-LTRP are both rules under Appendix FM and not Appendix W for PBS dependents.

The rules changed in April 2014, removing the ability for PBS dependents to combine time with FLR M spouse visa to qualify for ILR.

Thank you very much.
It is very sad now, what is the possible solution for me now? switch back possible? indefinite-leave-to-remain/options-when ... 36123.html

CR001 wrote: ↑

Wed Jan 01, 2020 4:40 pm

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or

Neither of these two rules are PBS dependent routes. D-ECP and D-LTRP are both rules under Appendix FM and not Appendix W for PBS dependents.

The rules changed in April 2014, removing the ability for PBS dependents to combine time with FLR M spouse visa to qualify for ILR.

Addtional, would you please let me know where can find the history immigration law regarding you mentioned The rules changed in April 2014. Thank you in advance.

immigration-for-family-members/ilr-pbs- ... l#p1005367

immigration-for-family-members/dependan ... 43881.html

Effect of changes to immigration rules introduced on 06-Apr-14 and qualifying residence period for settlement

PBS dependants of such migrants cannot apply for settlement without switching to FLR(M). Anyone switching to FLR(M) route on or after 06-Apr-14 will be required to spend 5 years on FLR(M) leave with the same partner to be eligible for settlement. In other words, any time spent in the UK prior to grant of such FLR(M) leave will not contribute towards qualifying residence period for the purpose of settlement. More simply, the dependant's ILR count is reset to zero.

CR001 wrote: ↑

Wed Jan 01, 2020 4:40 pm

(i) leave to enter granted on the basis of entry clearance as a partner granted under paragraph D-ECP.1.1.; or
(ii) limited leave to remain as a partner granted under paragraph D-LTRP.1.1.; or
(iii) a combination of (i) and (ii);
or

Neither of these two rules are PBS dependent routes. D-ECP and D-LTRP are both rules under Appendix FM and not Appendix W for PBS dependents.

The rules changed in April 2014, removing the ability for PBS dependents to combine time with FLR M spouse visa to qualify for ILR.

hello dear,

I access the archived during 2014-01-14_to_2014-02-25, before 04/2014 version

https://assets.publishing.service.gov.u ... chived.pdf

Section E-ILRP: Eligibility for indefinite leave to remain as a partner

no such you mentioned change regarding 'PBS combinate FLR'

Would you please kindly let me know the source you mentioned. thank you in advance.

Last post on this and entirely up to you if you want to risk it. You will lose the ilr fee if it is refused, which it will be as your spouse does not have 60 months in a visa as the spouse of a settled person, ie FLR M for 5 years. There have been many ILR refusals in the last year with the same circumstances as yours.

Below from the links I have already provided.

Category B: Applied for the first PBS leave after 08-Jul-12
If you applied for first PBS leave after 08-Jul-12 and then switched to FLR(M) leave, then you are covered by Appendix FM of the immigration rules and the qualifying period for settlement is 5 years.

When can the dependant apply for settlement?

Category B applicants
The dependant may be eligible for settlement when the dependant completes the qualifying residential period in the UK (5 years) as the spouse of a settled person / British citizen. The period of stay in the UK as a PBS dependant cannot be included in the qualifying residential period for settlement (E-ILRP.1.3).

CR001 wrote: ↑

Wed Jan 01, 2020 8:09 pm

Last post on this and entirely up to you if you want to risk it. You will lose the ilr fee if it is refused, which it will be as your spouse does not have 60 months in a visa as the spouse of a settled person, ie FLR M for 5 years. There have been many ILR refusals in the last year with the same circumstances as yours.

Below from the links I have already provided.

Category B: Applied for the first PBS leave after 08-Jul-12
If you applied for first PBS leave after 08-Jul-12 and then switched to FLR(M) leave, then you are covered by Appendix FM of the immigration rules and the qualifying period for settlement is 5 years.

When can the dependant apply for settlement?

Category B applicants
The dependant may be eligible for settlement when the dependant completes the qualifying residential period in the UK (5 years) as the spouse of a settled person / British citizen. The period of stay in the UK as a PBS dependant cannot be included in the qualifying residential period for settlement (E-ILRP.1.3).

Thank you very much for your warm help. Although I am sad today, but hope other people can avoid my problem. Thank you for all.

The last, what is the best solution for me now? switch back possible?