immigration rule contradicts to the guideline on the cohabitation

[cyclina1]

If you are the PBS dependent of a settled person through PBS 5-year route and the VISA applied after 9 july 2012. You should need 5 years cohabitation, according to UKVI website.

But why this rule cannot be found in the immigration law? It's still 2 years. In this case, the guideline is not necessary to follow as the immigration law is the highest? In this case, actually the caseworker cannot refuse even cohabited less than 5 year but more than 2 years?

[cyclina1]

paragraph 287a(i)(d) requires 2 years. and appendix FM has no specific requirement about 5 years rule neither.

[secret.simon]

(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 applicable specified period in either (i) or (ii), subject to (iii): (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

(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

• (a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

• (b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),

• (c) have spent the remainder of the 5 year period, where applicable, with leave as 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, and

• (d) not have been absent from the UK for more than 180 days during any 12 month period in the continuous period, except that:
  • (1) any absence from the UK for the purpose of assisting with a national or international humanitarian or environmental crisis overseas shall not count towards the 180 days, if the applicant provides evidence that this was the purpose of the absence(s), and
  • (2) any absence from the UK during periods of leave granted under the Rules in place before 11 January 2018 shall not count towards the 180 days.

(iii) Any time spent lawfully in the Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man shall be deemed to be time spent in the UK.

[cyclina1]

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),

Obviously not whole 5 years.......

and

319C(b)(c)(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

also imply living together for whole 5 years is not a must, but must be at least 2 years.

I cannot find concrete 5 years living together is a must...

[secret.simon]

(b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),

Obviously not whole 5 years.......

(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 applicable specified period in either (i) or (ii), subject to (iii): (i) If the applicant was granted leave as:
(ii) If (i) does not apply, the specified period is a continuous period of 5 years, during which the applicant must:

• (a) have been in a relationship with the same Relevant Points Based System Migrant for this entire period,

• (b) have spent the most recent part of the 5 year period with leave as the Partner of that Relevant Points Based System Migrant, and during that part of the period have met all of the requirements of paragraph 319C(a) to (e),
  

• (c) have spent the remainder of the 5 year period, where applicable, with leave as 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, and

...

Totally five years, with the most recent as PBS dependent and the preceding period on any other spousal visa.

319C(b)(c)(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

Immigration Rule 319C(c) defines the requirement for unmarried partners and states the well-known requirement that unmarried partners need to have lived together in a relationship akin to marriage for a minimum of two years for that relationship to be the basis of a spousal visa.

[cyclina1]

If you read the topics here. Some OPs claim or even be advised by solicitor that 2 years are required even visa applied after 8 july 2012..... It should be a reason behind........

[Casa]

If you read the topics here. Some OPs claim or even be advised by solicitor that 2 years are required even visa applied after 8 july 2012..... It should be a reason behind........

According to one of your other threads, you've just received your British passport.

Vhttps://www.immigrationboards.com/british-citiz ... l#p1622290

[cyclina1]

because I am not asking for advice here, but discussion why this happens. Not allowed in this forum?

By the way, do you have any insight on my issue?

If you read the topics here. Some OPs claim or even be advised by solicitor that 2 years are required even visa applied after 8 july 2012..... It should be a reason behind........

According to one of your other threads, you've just received your British passport.

Vhttps://www.immigrationboards.com/british-citiz ... l#p1622290

[Casa]

because I am not asking for advice here, but discussion why this happens. Not allowed in this forum?

By the way, do you have any insight on my issue?

If you read the topics here. Some OPs claim or even be advised by solicitor that 2 years are required even visa applied after 8 july 2012..... It should be a reason behind........

According to one of your other threads, you've just received your British passport.

Vhttps://www.immigrationboards.com/british-citiz ... l#p1622290

If secret.simon has the time, I'm sure he will clarify.