ILR- Spouse of a British Citizen (through 10y ILR)

[itsejaz]

Hi All,
Due to all these immigration rules changes, I am confused to death and looking for help. Finally I decided to request you all to help me.

I came to the UK in 2004, got my British Citizenship through ILR based on 10 y long residence in April, 2016.
My wife came to the UK as my dependent in November, 2011 (before 2012/3-rule changes) and have been here for more than 5 years to date. She has KOLL and English tests passed.
My wife have renewed her visa twice since she arrive in Nov, 2011.
i, 2013 due to visa expiry and renewed as a dependent of Tier 2 General
ii, 2014 due to my job change under Tier 2 General

Can she Apply for ILR as a spouse of the settled person? if yes, please guide me to the article under which she can apply, or
Does she have to wait for 5 more years though FLM?
Now, when I called Home office they said she has been living in the UK for past 18 months illegally (since I got my visa), as she must have changed to the FLR(M) within 28 days of me switching to ILR.

If there is any home office public inquiry email address is available, please guide me to it, that would be great.

Thanks in advance and much appreciated .
Best Regards
Ejaz

[CR001]

On what date exactly did you get ILR?

What did she apply for in 2014 and on what date?

There were rule changes in April 2014 regarding PBS dependent of long residence ILR applicants.

[itsejaz]

Hi all,
I applied in December 2014 and my wife applied in Feb, 2014 and got Tier 2 visa in April 2014, when I changed my employers.
Secondly , is she covered by Article 8?
Thirdly, is she living here illegally, which is mentioned by UKVI representative?
Regards
Ejaz

[CR001]

So she is still a tier 2 dependent correct?

She should have switched to FLR(M), which will also be a new 5 year route to ILR (2 X 2.5 year visas). She cannot continue on her existing visa or apply for ILR with her existing visa.

She would have qualified for ILR with you ONLY if you apply on Tier 2 General 5 years residence basis.

[itsejaz]

Thanks Char,
Yes she is still on Teir 2 dependant visa.
So you are say that she is not illegally living here for last 18 months (as she didn't switch to her FLR M visa in 28 days after me), i.e., UKVI representative was speaking of B.S***.
You are a star "Char".
Regards
Ejaz

[CR001]

Well she is sort of as her visa is not really dependent on your visa status anymore. She should have switched to FLR(M) once you got ILR LR.

There is no requirement to switch immediately after you got ILR LR but she should have done it sooner than wait so long. Traveling outside the UK is also risky.

Link below is the changes that came into effect in April 2014.

http://www.immigrationboards.com/immigr ... 43881.html