FLR(M) 5 Year & 10 Year eligibility

[lmp1424]

Hi everyone,

This is my first time posting and I have searched the boards trying to find the answer to my question but have been unsuccessful, so I apologise if this has been covered previously.

I am trying to find some answers regarding whether or not my husband is eligible for the 5 year route, or if he has to stay on the 10 year route. My husband is Nigerian, I am British from birth and we have 3 British children together. My husband entered the UK on a visitors visa and overstayed. I met him after he had overstayed his visa, we married in the UK in 2014 and applied for a new visa for him. He was granted a biometric residents permit for 2.5 years and is on the 10 year route as we did not meet the financial requirements for the 5 year route. His current visa expires this year, so I'm trying to find out if him overstaying, when he first entered the UK, now stops him being eligible to switch to the 5 year partner route?

I am not working, my partner works, earns over the £18,600 threshold and has been in that employment for over 6 months.

I know that if he is eligible to switch to the 5 year route he will need to pass a Grade 3 English test before we renew his visa.

I have contacted the home office, who just tell me to visit the website. I have read all of the website and appendices but I cannot find the answer as to whether him overstaying means he is not eligible. I'd be extremely grateful if you could clarify this matter for us please as we do not want to apply and lose the money if it is rejected.