ILR Query Urgent

[Ebez1]

Hi All,


I want to use this medium to thank you all for your constant support during my first Tier 1 application in 2010. I was granted Tier 1 General Visa whilst on post study work visa in the UK on the 28/04/2010. I applied for 3 years extension on 11/04/2012 and was granted on the same day. My current Visa expires on 28/04/2015 (same day that i will be 5 years on Tier 1 Visa)
I got married in May 2012 and applied for dependant Visa for my wife in Nigeria. My wife was granted entry in June 2012(before the new rule in July 9 2012). She entered UK on 25/05/2013).

I have booked PEO appointment for myself and my wife on 27/04/2015. My wife will be 2 years in the UK on 25/05/2015.

Question:
1. Am i allowed to apply for ILR within 28 days of the 5 years?

2.Will my wife be eligible for ILR as well as per the 2 years rule because she will be applying within 28 days of 25 May 2015?
Your input will be more appreciated.
Thanks all.

[rella5]

You can apply 28 days to time!

As for your wife I am not so sure she could apply for ILR(but she can extend), but your is sure!

[Ebez1]

Thanks. I have already paid for myself and my wife. I am not sure what HO will say for her. Use their discretion maybe as its within 28days.

[rella5]

If your wife's visa expires same day as yours which I think that's the case then HO will treat your case first as there is no choice here on whom to depend on since she is dependent on u and both visas are expiring. A cover letter will suffice stating that she will be depending on u as when a decision is made on yours(technically she should depend on your visa and since both visas expires same time then this is the only way - it happened to me too!) this case is common.

[Ebez1]

Thanks Rella. Her Visa expires on same day 28/4/2015. I initially booked PEO for 8 April 2015 then later changed it to 27/04/2015. I did this so that my wife could benefit from 28days rule. She will be 2years in UK on 25/5/2015. Is she not eligible for ILR same day as mine? She was granted tier 1 dependent in June 2012 but first entered UK on 25/3/2013. We also had a baby in Jan 2015. So what do you think please?

[rella5]

Get more advise from a qualified person but for your wife to be qualified for ILR she must have spent 2yrs as a dependant of a settled person..and since u are just applying for ILR i envisage they will grant her a 24 moths visa!

[rella5]

and again just to let you know, you dont have to apply for a visa for your child. Once your ILR goes through your child automatically qualifies to be naturalized. Apply for your child then..cost about £700.

[Ebez1]

Thanks for your prompt reply rella. I do appreciate it. What's 24 months visa? She got the visa before the law changed in July 2012. Also does she have to spend full 2years in UK? Can she not apply 28 days before 2 years anniversary? She will be 2years on 25/5/15. If she gets the 24months visa, then when can she apply for ILR? Thanks

[Amber]

You should be ok for SET(O) as a couple. The argument for 28 days before, for the dep should be reasonable.

[Ebez1]

Thanks