Settlement visa: Confusion of the two year rule

[chosmith]

Hello,

I'm about to put together my wife's application for the Settlement visa (SET(M)). But i'm a little confused over a detail in the application regards having to live in the UK for two years.

Ideally we would like to apply in person, as we want to go on holiday in April 2010 and I have read that applications by post can take up to 6 months. So to avoid an endless wait i'd like to apply in person, to hopefully get an immediate decision.

The thing i'm confused over is this...
My wife's current spouse visa is valid from 03/01/2008 to 03/01/2010. However we did not arrive in the UK until a week later on 11/01/2008. So this is one week less than the full two years.

The SET(M) application states that to be granted a new settlement visa my must have lived in the UK for two years. Yet at the same time she must apply no more that 28 days before the expire date of the current visa (03/01/2010).

So, if we apply in person in December 2009, this technically will be before she has lived in the UK for two years.

My question is? Is this Ok? Or will she have the application declined in person through this technicality?

As i said, id like to apply in person. But how can I if this date is inevitably going to be before she has live in the UK for two years?

Your help over this confusion is much appreciated.

Thank you
Brad

[KenAlgar]

You can apply.
UKBA may hold issue of her ILR until the two years is complete.
You can still apply even if she had not come to the UK up to three months from the date of issue of the her two year spouse visa.
Any longer than three months and you need to apply for an extension.
So you are well within the time limits.
The information is there but hidden away.
I had exactly the same problem.
Hope this helps.

[Casa]

Ok, let me explain. This confuses most people. The crucial date isn't 28 days before the expiry date. Your wife can apply no earlier than 28 days before the 2nd anniversary of the date she first arrived in the UK on her spouse visa. Therefore...28 days before the 11th January 2010. A week isn't considered a gap, so she will be able to apply in person if she chooses.
Start calling the PEO appointment line 6 weeks before the date you want to attend, and if possible be flexible with which PEO you opt for.
You can also apply on line, but I believe this is experiencing a few teething problems. (No surprise there!)
If you call the booking line and are told by an automated message that there are no appointments available, hang on until you actually speak to a 'human' and you may well be successful.
Has your wife passed the Life in the UK test or completed an ESOL Citizens course?