ILR Application Mistake (Dependent)

[SUKEB]

Hello Guys,

I have been one of the silent readers on the forum. Please I was wondering IF any of the gurus here could help me with what possible action(s) to take. Here is my timeline and that of my dependent (WIFE).

-Student visa Issued in Sep 2009
-PSW visa Issued in Sep 2011
-My wife was issued a PSW dependent visa in Dec 2011***
-In Sep 2013 she switched to T4 student's visa***
-I applied for T1 entrepreneur visa in Aug 2013 got approved in Oct 2013
-My wife switched back to T1 entrepreneur dependent visa in July 2014***
-When i applied for extension of my T1 entrepreneur visa in 2016, she applied as my dependent
-I was due for indefinite leave to remain in Sep 2018 but applied in Jan 2019 (application ongoing) as my extension expired in Feb 2019

MY CONCERN
I applied for indefinite leave for both myself and my wife and whilst reading updates on this forum i discovered i made a huge MISTAKE. A bit of calculations and i discovered that she would only qualify for indefinite leave as a T1 entrepreneur visa dependent ONLY if she had been on the visa for 5 years. By my calculations this would be July 2019.
PLEASE WHAT CAN I DO NOW TO CORRECT THIS MISTAKE?
THANKS

[aman90]

I’m assuming her current dependant visa expired in Feb 19?
Vary her ILR application to PBS dependant.

[SUKEB]

Yes her PBS dependent expired in Feb 2019.
Another question I wanted to ask is this
I know from recent posts it takes the HO approximately 6 months to make decision on ILR - She qualifies in June - can i vary it now to PBS dependent and then vary it back to ILR especially considering she would be due for ILR around the time HO may/could make a decision on my ILR. I know this is taking a chance (especially if the decision is made earlier than anticipated) - what are your thoughts?

Thanks

[aman90]

Yes her PBS dependent expired in Feb 2019.
Another question I wanted to ask is this
I know from recent posts it takes the HO approximately 6 months to make decision on ILR - She qualifies in June - can i vary it now to PBS dependent and then vary it back to ILR especially considering she would be due for ILR around the time HO may/could make a decision on my ILR. I know this is taking a chance (especially if the decision is made earlier than anticipated) - what are your thoughts?

Thanks

Yes you may. If a decision isn’t taken on ur application within the 28 days of her initial visa issue date than you can vary her application again to ILR.
Don’t rely on standard decision time frame.
Some receive success in 3 months while some are still waiting 6 months after application.