SET(M) Refused but D-LTRP1. 2 granted

[Montana2323]

Hello,

I am asking this on behalf of a friend(British) . His wife applied for spouse visa before the 2012 rules but was refused and granted the visa in 2014 following a successful appeal. It was a 2 years spouse visa leading to settlement after 2 years.

When they applied for indefinite leave in June 2016 there application for indefinite leave was rejected as they didn't had documents for whole two years to prove subsisting marriage. The refusal letter said that she qualifies for limited leave to remain under family and private life and asked for IHS surcharge fee in 10 something days, which they did. And was granted limited leave to remain for 30 months.

Now my friend thought he got enough documents for last two years to prove subsisting marriage and was about to apply for Set M when he came across the 10 year route clause in that original decision letter dating back to 2016.

So what are his options now? Keep on extending until 10 years are complete? Or is there any way under old rules that his wife can still apply for indefinite leave. Her visa runs out this May.

Thanks for reading everyone

[Montana2323]

Any one? Sorry it was going down the list of topics just had to write this

[CR001]

Keep extending as he is on the 10 year route (4 x 2.5 year visas) OR switch to FLR(M) 5 year route if he meets the requirements (2 x 2.5 year visas).

[Montana2323]

Just what he feared. Thanks for your reply