When an applicant fails to meet the requirements of entry clearance or leave to remain as a partner to a British citizen or a settled person or a person with refugee status but has strong grounds to override those requirements- s/he may be granted leave under the 10 years partner route.
The question is can s/he switch to 5 years route when situation changes? If so, when can s/he apply for it?
Situation 1: If an applicant can’t meet the financial requirement which is a yearly gross income (before tax) of £18600 from the prescribed sources ( as given in Appendix FM-SE) and If the secretary of state thinks that the refusal of this application could result in unjustifiably harsh consequence for the applicant, their partner or a relevant child, then the financial requirement is made easy for the applicant.
This time all of his incomes including savings and third party support etc are counted towards achieving the £18600 target. If it reaches to the gross income of £18600 then s/he may be granted leave under the 10 years partner route.
This leave is allowed to switch to 5 years route when the applicant’s financial situation changes. The switching application can be done at the time of renewal of the leave.
Immigration rules, Paragraph 3.1 of Appendix FM
Situation 2: If an applicant fails to meet some other requirements needed for the application under Appendix FM ( like relationship or English lanhuage requirement, the general ground of refusal etc) but if the refusal would result in unjustifiably harsh consequence for the applicant, their partner, a relevant child or another family member, then the applicant may be granted leave under the 10 years partner route.
Immigration rules, Paragraph 3.2 of Appendix FM
The leave obtained following the above rule may not be allowed to switch into the 5 years partner route. The applicant shall renew the leave every after 2.5 years and may apply for ILR at the end of 10 years of lawful staying in the UK.