ILR along with Wife - eligibilty

[allgo]

Hi guys
I am in Tier 1 and will be eligible for ILR on Jan. My wife completes 2 years in the Uk as Tier 1 dependent on 7th April 2013.

Am I right in saying that I can use just the SET(O) form on and after 10th March 2013, given the dated above for both myself and my wife for ILR?

Basically I heard somewhere that one can apply 28 days before the eligibility but is that only for the main applicant? I will have more than 5 years stay by March 2013, but my wife will be 28 days short. Just wanted to be sure the same same 28 days rule applies for dependent's eligibilty for SET(O) ILR as well.

Thanks in advance

[allgo]

Any help moderators?
Thanks in advance

[geriatrix]

When is your wife's current leave due to expire?

[allgo]

Thanks Sushdmehta

I had taken a 2nd Tier - 1 extension May this year and both my and my wife's current visa are valid until Sep 2014.

Now I am eligible for PR in Jan 2013. My wife completes her 2 years in the UK on 7th April 2013. She came in on 7th April 2011. So though I will be eligible for ILR in Jan 2013 I am planning to postpone the application till 10th March so that I can apply for ILR for both me and my wife with a single application SET(O).

But I will go that route only if my wife can apply 28 days early on 10th March. As by 7th April when she actually completes 2 years it is after 6th April and I want to avoid any visa rule changes or fees changes.

Looking forward for your help

[geriatrix]

Why not wait until 07-April-13 and then apply together?

If you wish to apply together before then (e.g. - 10 March), consider a postal application.

If you wish to make an in person application before 07-Apr, then no one here can give you a definite answer because it depends on how the caseworker interprets the "2 year" requirement. Some applicants have had their applications deferred when the dependant was short of completing the 2 year requirement by a few days but some have had their application approved even when the dependant was falling short by a couple of months.

Your choice.

[allgo]

Thanks Sushdmehta. That was very useful. You are right. This is very much dependent on the case worker. I will send an email to UKBA and see if I can get anything in writing. Do you think if they confirm then a prinout of such an email would be ok?

Else only option left is for for PEO in Dec or Jan for me only. Apply FLR(M) for wife within 2-3 weeks and wait for her 2 years to complete in Aoril. Need to see how the finances work out. In the later I will have to pay around 1600-1700 pounds more as there are additional 2 visa applications - FLRM and SETM. Also the FLR(M) needs English Language proof which isnt needed if we apply together.

On 7th April anyways the fees will be increased a bit and I will have to wait for 3-4 months more for my ILR.

Will evaulate my options and reply once I hear back from UKBA.
Any particular email I should send such a query?

Thanks again

[geriatrix]

Else only option left is for for PEO in Dec or Jan for me only. Apply FLR(M) for wife within 2-3 weeks and wait for her 2 years to complete in Aoril. Need to see how the finances work out. In the later I will have to pay around 1600-1700 pounds more as there are additional 2 visa applications - FLRM and SETM. Also the FLR(M) needs English Language proof which isnt needed if we apply together.

Read the response to another topic your created and you'll know that there may be another option. Post further queries on the matter in the linked topic.