ILR . late application

[dino33ist]

hi we want to apply for ILR for my spouse ,,we were waiting for certificate from the course my wife attending last two years.. she passed the exams but we didn"t recieve the certeficate yet .. therefore we arrange life in uk test for next week..but problem is we find out we should apply 28 days before visa expires . my wife visa expires on 20th. april but we got date for life in uk test 30th.march so we only able to apply 3th april ..does it make any problem for my application ..
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[vinny]

No problem.

[legalalien]

Hi Dino
This is not a problem
The 28 day rule is the earliest she can apply:

From SET M guide:

Please do not send us your application more than 28 days before the end of your 2-year qualifying period.

So no it should not be a problem to apply any time after the 30th of March but before the visa expires. Note that it takes a couple of days for UK test results to be uploaded to UKBA system so if you are applying via PEO then you need to allow time for this. [/b]

[dino33ist]

thanks for reply.. few months ago asked some other things.. it was about child benefit ... i am british citizen about 7years,, and my wife is turkish citizen and she is here about 26 months and we have 10 months old baby daughter now when she born we applied for working tax credit and child tax credit plus child benefit ... wtc and ctc is in joint name but child benefit is my wife name and her visa stating " NO RECOURSE TO PUPLIC FUNDS" i ring the home office and ask them is it going to be problem for my wife ILR application ? they said it could be a problem .. now i am so confused what should ido ... please can anyone answer this to enlighten me .. THANKS IN ADVANCE.....!!!!!!!

[legalalien]

Technically your wife could be breaching the visa conditions:

Paragraph 6 of the Immigration Rules defines what benefits are consider as public funds for the purpose of any consideration of the Immigration Rules and it is this which determines whether they have breached their conditions by claiming them. In that list, Child benefits are classed as public funds.

However, there are exceptions when claiming benefits and your wife may fall within these exceptions:
"There are occasions when people who are subject to immigration control can claim benefits without it being classed as breaching their conditions. In these cases the fact that they have claimed public funds will not affect their
application for leave"
The exceptions list can be found here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I will suggest you get legal advice to clarify whether your wife falls within these exceptions.
Best Wishes

[legalalien]

actually, it is very straight forward, looking at exceptions by Nationality, Turkish citizens may claim child benefits.
In addition:
Child and working tax credits are claimed jointly by couples. If only one member of a couple is subject to immigration control, then for tax credits purposes, neither are treated as being
subject to immigration control.
If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the UK.

all from the link provided above

[dino33ist]

thanks to reply .... i read link you send me but when you read full guidence it is state about nationality "s which are can claim certain puplic funds it gives list of the countries and it has turkey as well .. so i suggest you .....!!!!!!!! if you can read about these nationality "s .. then you can advice me on this ..because i " ve rang the (hmrc)child benefit and the home office as well i dont think they are aware of those pragraphs ... i got limited time for my wife ..i went the citizen advice buroe ..and ask them few months ago ..they said it is fine .. but i rang home office and child benefit office before they said no problem but last week they said could be a problem ..i am so confused .. by the way my wife is turkish citizen ...i am british citizen my baby british citizen as well ..so do we do now ? please read the guadince you send me .. then advice meon this.. thanks in advice...