UK spousal visa renewal VS ILR after switching from Tier 2

[mandiede]

Good morning,

I am coming up to the end of my first 2 years on a spousal visa, and need to renew it soon. The renewal process I can do myself, but applying for indefinite leave is more complicated, and I would want to do that though an agency. I need to find out what I can apply for in the coming months (simply renew and carry on my Spousal visa until I reach 5 years, and then apply for ILR, or apply for it now), and decide If I need to use an agency now or not.

The situation is a bit difficult to interpret myself, as I did not apply directly for a spousal visa, but switched: My immigration history is as follows:

1. UK student visa: 2009 - 2010:
2. Post-study Tier 1 visa: 2010:
3. Tier 2 sponsored work visa: 30/03/2012 - March 2013
4. SWITCHED from the tier 2 to a spousal visa after we were married in March 2013.
5. Now approaching end of spousal visa

So the question is:

6. Can I apply for ILR now (or the early 2016, when my spousal visa runs out), as I have been in a qualifying category for settlement since 2011, and switched over into the spousal category? If so, how early before it runs out can I apply?
7. OR: do I have no choice, need to apply for extension, wait and 2.5 years, then apply for ILR?

I am prompted to ask these questions as I remember my first letter with my spousal visa stated that I can settle after 2 years, but I do not have that anymore, and I’m struggling to find other proof on the gov sites, as they simply say “2-year or 5-year route”, with no official clarification if I switched from a qualifying category?

One further potential sticking point: there is a clause that I “cannot access public funds”, and for ILR’s application, neither Myself OR my partner can access this. I Assumed this is something like job-seekers allowance or child tax credit etc which we’d never need, but We have a 1 year old daughter and get £80 in child benefit payment each month, which came after filling in all forms from the hospital to register her birth – I now alarmingly see it listed as a “public fund”. Will this Jeopardize my ILR? If so, can I make sure it’s only paid into My Husbands account? He has British citizenship so surely he can be entitled to claim that for his child? If neither of us can claim it as it might jeopardise my ILR, can I simply stop it, and then it won’t affect my ILR?

[vinny]

7.

They should have granted FLR(M) valid for 2 years and six months.

Parent with ILR or British citizenship may claim child benefit for child.

[mandiede]

7.

They should have granted FLR(M) valid for 2 years and six months. , Sorry, I'm not sure what you mean by this? does this mean I can now apply for ILR, and not the extention of the spousal visa for another 2 years?

Parent with ILR or British citizenship So would I need to make sure the benifit is payed in HIS name and his bank account as he is the british citizen? may claim child benefit for child.

[vinny]

7. OR: do I have no choice, need to apply for extension, wait and 2.5 years, then apply for ILR?