Refer to below statement with ref to UKBA websaanju9 wrote:1. I don't think the entry clearance date counts... it is the date you have entered the UK... this is what I got from the documents (numerous amounts by the way) I read regarding this ILR 10 yrs route... and of course if someone found something which contradicts to what I am saying your lucky... however please ask them to put forth their argument with a valid evidence...Zaman_Dhaka wrote:Hi all. I have the a situation and I really need some help from the members. I have 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding). Some solicitors are advising me to apply for further leave and vary the application to SET (LR). Others are telling that it should not be a problem to apply using SET (LR) as the application will fall within 10 years at the time of decision taken.
Data about visa:
Entry clearance on student visa: 10/09/2003.
Entered UK: 18/09/2003.
Current PSW visa expired: 16/08/2013.
So 32 days short from the date of entry. (24 days short from the date of entry clearance which may not be accepted to my understanding)
My wife is in my dependent visa. What application form should I use for her application?
May I get some quick advice from senior forum members please?
2. If your 28 days short ..its absolutely fine and you can apply... they will exercise the discretionary provided everything else has been ok... but 32 days is bit complicated... they might or they might not ... and the chances of they might not are more likely...
so I would do what your solicitor has said... apply for something else (whatever the relevant category for you is ) and then vary it to the ILR after few days.... in that way you shouldn't technically loose money...
I would personally suggest the same...however if any one else has some other suggestions ... we can debate further
3. your wife will have to apply for the dependent visa on whatever category your applying and then vary it to FLR(M)...
All in all its a bit complicated case and I would advice you to get a decent solicitor...
http://www.ukba.homeoffice.gov.uk/visas ... rmset(LR)/
Your 10-year qualifying period starts from either:
the date when you arrived in the UK with a visa; or
the date you were given permission to stay in the UK.
You can apply from 28 days before your 10 year qualification period.
I too agree with your solicitor and saanju, It would be on safe game to apply for suitable category and vary LR.keep other options open.