Visa application before 09 July 2012

[RajaFS]

Im a naturalised British Citizen. I have been with my partner for 13 years and we have an 8-year old daughter. My partner was first here on an illegal entry but he applied for a leave to remain on 04 July 2012. He was granted a 10-year route partner visa on 30 June 2015 (after 3 long years ). We are getting married on July and his visa is due to renew on December. My question is : Is he eligible to apply for Indefinite Leave to Remain straightaway on the basis that he applied for his visa before 09 July 2012 and that he has satisfied the probationary period of 2 years? Or do we have to complete the 10 years before he can apply for it? Any advice would be much appreciated.

[CR001]

but he applied for a leave to remain on 04 July 2012. He was granted a 10-year route partner visa

No, he requires 10 years residence as a partner/spouse as that is the leave that he was granted. It is not a normal spouse visa that he holds.

[RajaFS]

I'm a bit confused. Was it not not that the 5-year and 10-year routes only came out after 9 July 2012? please tell me if I'm wrong. We actually appealed for this decision but we haven't heard anything since. And also our circumstance has changed. By the time of the application we will be married.

[CR001]

He was granted leave on the basis of family and private life, 10 year partner route after being the UK with no legal status, which means he needs 10 years on this route before he will qualify for ILR. The date granted is the date which determines the rules which apply as far as I am aware.

He can now switch to the 5 year FLR(M) spouse visa route if he meets all the requirements.

[vinny]

It may be complicated.

[RajaFS]

According to Statement of Changes to the Immigration Rules HC194, June 2012, they will have to decide in accordance to the immigration rules when the the application was received. I have also checked the Guidance notes from the Set (M) form and He satisfies all the criteria. Is it enough though? He can switch to 5-year route but why not ILR if he's eligible. We need to know my options.