This could be an interesting discussion. Happy to be pointed out that I am wrongCR001 wrote: @marnath, the OP has FLR(M) now and therefore no longer possible to switch back to PBS dependent visa. A person cannot combine PBS dep and FLR(M) time to make up 5 years.
You are not reading the rules correctly.
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From the immigration rules Section 319C:
==> The OP in the referred post meets this requirementRequirements:
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(iv) has become a British Citizen where prior to that they held indefinite leave to Remain as a Relevant Points Based System Migrant and where the applicant is applying for further leave to remain, or has been refused indefinite leave to reamin solely because the application has not met the requirements of paragraph 319E(g), and was last granted leave:
(1) as the partner of that same Relevant Points Based System Migrant,
Then,
==> None of these disqualifications apply(h) An applicant who is applying for leave to remain must not have last been granted:
(i) entry clearance or leave as a:
(a) visitor, or
(b) short-term student or short term student (child); or
(c) parent of a Tier 4 (child) student
(ii) temporary admission; or
(iii) temporary release.
Based on the above, a FLR(M) holder could switch back to PBS dependant. What am I missing ?
Once he/she gets a PBS Dependent leave, then Section 319E applies for ILR.
==> So this is appliesRequirements:
(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.
==> So, as per 319E(d)(ii)(c), there is no restriction on combining categories - just that has to have been the partner of the same person throughout. So, FLR(M) can be counted towards ILR based on PBS dependant - am I reading this wrong ?(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 period specified in (i) or (ii):
(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), and
(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.
Of course, the earliest someone can switch is 28 days before a leave expires.
But what this seems to indicate is that if a PBS dependent accidentally applies FLR(M) (I wish HO/UKVI would advise them to vary rather than grant it), rather than wait of 5 years of FLR(M), they could switch back to PBS dependent at the end of three years and then apply for ILR as a PBS dependant - getting ILR two years earlier.
It seems odd that it is possible, but that is my reading of the rules.