Pre 9 July 2012. Apply for ILR after failed ILR application

[ocj]

My husband applied for his first UK spouse visa prior to 9 July 2012. At the end of that visa’s validity period he applied for ILR which was refused because we didn’t meet the sponsor’s income requirement; I was at home with our first child and not working at the time.
He was granted a variation of leave to remain (limited leave to remain for 30 months and placed on a 10 year route to settlement with no appeal rights).

He has been in the UK for a total of 4 years and we have always fully supported ourselves and had no use of public funds. I have just gone back to work and if we can apply for ILR under the 2 year route I will be able to satisfy the income requirement.

My question is, as the first spouse visa was applied for prior to 9 July 2012, does this mean that the 2 year rule still applies despite the variation of leave after this date? Or would he need to switch to the 5 year rule and apply for ILR after completing another 5 years’ residency?


Also, is he required to pay the new immigration health charge?

[vinny]

Did he fail the adequate maintenance requirements?

Unfortunately, A280B may prevent him from reverting back to being subject to the old 2 years rules, unless they made an error with refusing his last application.