from spouse visa to ILR

[TheMoog]

Hi

I am a person present and settled in the United Kingdom and married my wife in early august 2011 when she was still on her post study work visa. When that visa expired in dec 2011 she got a spouse visa, which is due to expire in dec 2013.

As we have been married now for over 2 years can she apply for ILR with Set(M) or does she have to wait until she has been on the spouse visa for 2 years? The advice on the SET(M) guidelines seem to suggest that you have to wait until 28 days before expiration of spouse visa but the immigration rules 287(a)(i)(a) seem to suggest that if you have been married longer than 2 years you can apply for ILR

hope someone can help clarify




287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom are that:

(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom; or

[geriatrix]

Your spouse was admitted to the UK as a PSW migrant under PBS rules, not as spouse of settled person under 281-286 of the immigration rules that 287(a)(i) refer to.

Hence, no earlier than 28 days before the 2nd anniversary of the date of issue of FLR(M) leave.

[TheMoog]

cheers for the clarification