Can someone please help with dependant ILR rules?

[yuliya_london]

A friend of mine is a dependant of Tier 1 (Entrepreneur) migrant. Her visa expires in 2018, her husband is about to apply for ILR. From what I understand under the new changes in November 2016, in order for her to be eligible for ILR she had to spend at least 183 days a year for the previous 5 years. She does not meet this requirement.

Question is: should she keep extending her visa under Rules 319 and following (as PBS-migrant dependant)? Or if her husband obtains ILR she can make an application under Rule 287 and lived in the UK for 2 years she can then apply for ILR (if this is faster than continuing with extensions as dependant of PBS migrant)?

I was also reading Rule 287 which talks about extension of stay for spouses of PBS migrants and then I look at Rule 284(3)(c) which does not allow extension if one was last granted leave to remain as dependant of PBS migrant. Those seem to be contradictory to each other. What do you make of it?

Thank you!

[CR001]

There is no longer a 2 year route to ILR if she applies on FLR(M), it is a 5 year residence route to ILR in the FLR(M) visa category. Applying to switch visa will reset her clock to zero.

On what basis is her partner applying for ILR, 5 years tier 1 or 10 years long residence?

[yuliya_london]

Thank you so such fast reply, her spouse would be applying under 5 years ILR in Tier category

[yuliya_london]

There is no longer a 2 year route to ILR if she applies on FLR(M), it is a 5 year residence route to ILR in the FLR(M) visa category. Applying to switch visa will reset her clock to zero.

On what basis is her partner applying for ILR, 5 years tier 1 or 10 years long residence?

I was looking at the Rule 287(d)
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here

and in my head it did not reconcile with Rule 284 (they seem to be totally contradictory, is this a mistake in the Rules?)
284. The requirements for an extension of stay as the spouse or civil partner of a person present and settled in the United Kingdom are that:
......
(c) The leave was not as the spouse, civil partner, unmarried or same-sex partner of a Relevant Points-Based System Migrant; and

[CR001]

If her pbs dependent visa was applied for before 9 July 2012 then she falls under the 2 year route to ILR.

If she switches to FLR(M), she cannot combine the PBS Dep time with the new FLR(M) time to make up 5 years. She will need 5 years on FLR(M) to qualify for ILR.