ILR PEO before 28 days for dependent

[gettingit]

Hi all,

Its my first post so please be gentle if this has been discussed before. I will complete 5 years on HSMP + Tier 1 in December, however my wife will only complete 2 years on 15th FEB 2013. As I plan to apply for ILR via PEO for both of us together, how soon can I apply? Can I apply 28 days before 15/02/2013? I can see the UKBA site saying "Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee" but what about a PEO scenario? Will they approve if my wife has been here 28 days short of 2 years?

Thanks

[onabanjo]

The information you provided wasn't sufficient.For example your entrance clearance date as stated on your initial visa and your entry date in UK should be stated.

Regarding your wife , am afraid she can not apply with you. She has to wait till when she has lived with you for 2years.
Also the 28days rule is not applicable to the 2years

Thank you.

[gettingit]

thanks for clarifying. I need to replan now, and this means I could have applied much earlier!

My entry clearance approval for 2 years HSMP was on 15th October 2007 but I arrived in UK on the 21 December 2007...After 2 years I got a 3 year Tier 1 and because that only took me through to 15 October 2012, I applied for an early extension in July 2011, which gave me 2 year extension until July 2013....

Now I learn that there is a 3 month tolerance, and I could have saved the money of doing an extra extension!

Anyway, also concerned now that I need to apply for my wife again separately which would be a pain! I'd rather wait until Feb and do this together !!

[gettingit]

Hi,

I am not sure whether your guidance was correct. Please see the below extract from the Set O Guidance:

5 WHEN TO APPLY

You and any dependants applying with you should
apply before the end of your/their permitted stay in the
UK.
There is a qualifying period to complete in most of the
categories on this form. It runs either from
- the date on which you entered the UK with a visa
in the relevant category; or, if you did not enter the
UK with such a visa, from
- the date on which you were first granted permission
to remain in the UK in the relevant category.
If you entered the UK with a visa several weeks or
more after the date from which it was valid for use, you
may need to apply for an extension of stay to complete
the relevant qualifying period.
Please do not apply more than 28 days before completing
the qualifying period. If you apply earlier than
that, your application may be refused. If that happens,
we will not refund the fee and you will have to pay
again when reapplying.

As 2 years is the dependent qualifying period, and the above states that you can apply 28 days before, doesnt it mean that it is OK for dependents to apply 28 days before end of 2 year period?

[gettingit]

I finally managed to book a PEO appointment at Croydon, I would have completed 5 years by the end of December.

However, on the appointment date, my wife would have completed 26 days less than 2 years in UK - now, although I seem to be fairly comfortable, I am looking for some reassurance from the experienced members here! Is it OK for dependent to apply ILR at PEO 28 days before, even when the current leave runs out only in July '13?

[gettingit]

no luck with a response....come on members! Someone?!!

[wpilr_nov12]

I don't see any problems.