5 year continuous period for ILR under FLR(M)

Hopefully this is the right place to post a question about the time counted towards ILR.

I entered UK on a student visa in Sept'09 and have been working since Dec'10; initially on Tier 1 (Post-Study Work) and then on FLR (M).

My husband is a British citizen and I applied for FLR(M) after 09/July ruling and as far as I understand I need 5 years before I apply for ILR.
I have been told that I am eligible to apply ILR after 30/12/15 as my time under Tier 1 (PSW) can be counted as the 5 year residency requirement.

I've recently received the second period of remain under FLR(M) and was wondering if I am eligible to apply for ILR in 2016?

My visas/Biometric Evidence are stamped with the following dates:

04/09/09 to 30/11/10 -     Tier 4 (General) Student
30/12/10 to 30/12/12 -     Tier 1 (Post-Study Work)*
21/12/12 to 17/06/15 -     FLR (M) - spouse
23/05/15 to 17/12/17 -     FLR (M) - spouse
* A month gap as I posted the application and was with UKBA.

Please can someone guide me on the requirement?

Many thanks,
S

Hopefully this is the right place to post a question about the time counted towards ILR.

I entered UK on a student visa in Sept'09 and have been working since Dec'10; initially on Tier 1 (Post-Study Work) and then on FLR (M).

My husband is a British citizen and I applied for FLR(M) after 09/July ruling and as far as I understand I need 5 years before I apply for ILR.
I have been told that I am eligible to apply ILR after 30/12/15 as my time under Tier 1 (PSW) can be counted as the 5 year residency requirement.

I've recently received the second period of remain under FLR(M) and was wondering if I am eligible to apply for ILR in 2016?

My visas/Biometric Evidence are stamped with the following dates:

04/09/09 to 30/11/10 -     Tier 4 (General) Student
30/12/10 to 30/12/12 -     Tier 1 (Post-Study Work)*
21/12/12 to 17/06/15 -     FLR (M) - spouse
23/05/15 to 17/12/17 -     FLR (M) - spouse
* A month gap as I posted the application and was with UKBA.

Please can someone guide me on the requirement?

Many thanks,
S

Nope. Tier 1 PSW does not count towards any 5 year requirements... but it can be counted towards 10 year long residence. You will have to wait to apply for ILR no sooner than 28 days before 5 years on FLR (M).

As physicskate said, your time on the Tier 1 PSW does not (cannot) count towards the 5 years to ILR, so even if you hadn't switched to FLR(M) but had switched to a different visa, it still wouldn't have counted.

As you will be applying for ILR as the spouse of a UK citizen, you have to spend 5 years in the UK in that category of visa in order to qualify for it... so your 5 year clock to ILR started the day your FLR(M) visa was granted - 21/12/15.

You will be eligible to apply for ILR anytime between 28 days before you reach 5 years on FLR(M) (28 days before 21/12/17) and the expiry date of your current visa - 17/12/17. So, you just need to make sure you apply between 23/11/17 and 17/12/17 (if I've counted back 28 days from 21/12/17 correctly).

If you had switched to FLR(M) before the rules changed in July 2012, you would have qualified for ILR in 2015, but as you are on the new post-July 2012 rules, you have to wait 5 years from the start of your first FLR(M) to qualify.

Thanks for the quick reply.