Confusion around "319E. Requirements for ILR"

[Lampochka]

Hi,
the text in "319E. Requirements for indefinite leave to remain" states:

"1. (d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii):
(i) If the applicant was granted leave as:
(a) the Partner of that Relevant Points Based System Migrant, or
(b) the spouse or civil partner, unmarried or same-sex partner of that person at a time when that person had leave under another category of these Rules under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of that Relevant Points based System Migrant, the specified period is 2 years"

Note the bold text selection please.
Which "leave" type does the UKBA mean? Initial entry clearance or FLR?

Earlier, on this forum (http://www.immigrationboards.com/immigr ... 14832.html) I found the following:

"Entry clearance application as PBS dependant submitted before 09-Jul-12: The PBS dependant will be subject to rules in place before 09-Jul-12 if the dependant keeps extending leave as PBS dependant"

I'll appreciate any help.

[CR001]

Do you perhaps want to provide the immigration history for you/partner that has prompted you to ask?

[Lampochka]

Hi CR001.
Thanks for your reply.
I am about to apply for ILR as a main applicant (02.2011 entry clearance).
My wife (dependant, granted entry clearance at 02.2011 as well) entered UK in 05.2011 (with children under 18).
We are on 2 + 3 years route, so our FLR was 02.2013-02.2016.
Can she apply with me as a dependant or she must extend her FLR to gain 5 years of residence first?

[CR001]

She is a pre July 2012 PBS dependent so she can apply with you.

[Lampochka]

thanks for reassuring me CR001.
I was hoping for the same (as I already booked at PSC), when suddenly stumbled upon this "new requirement".

[CR001]

It is not a new requirement.

If she has been a PBS dependent visa holder since 2011, she can apply with you.

If she has been a PBS dependent, then changed to her own Tier 1 or Tier 2 and then changed back to PBS dependent in say 2013, then she cannot apply with you. This rules has not changed.

PBS Dependents prior to July 2012 only need 2 years residence to qualify for ILR with the main applicant.

PBS Dependents who applied after 9 July 2012 need 5 years residence to qualify for ILR.

[Lampochka]

thank you for providing more info CR001.