ILR question about dependant 2 years duration

zeevirgo · Post by **zeevirgo** » Fri Apr 13, 2012 2:39 am

Hello Guys,

I have appointment for ILR next month. my wifes 2 years duration will complete on 13th MAy and my appointment is on 11th may

she is 2 days short in 2 years completion and our visa is finishing on 15th may...

I m confused if these 2 days does matter to UKBA or not...

Plz anybody know any thing about this?

thanks

innocentdevil · Post by **innocentdevil** » Fri Apr 13, 2012 8:41 am

tricky situation here.

couldn't you get an appointment earlier than that within 29 days time frame.

then you could have applied for your ILR and then sent a postal application for your wife.

barker · Post by **barker** » Fri Apr 13, 2012 9:43 am

I thought that even dependants could apply 28 days before completing the 2 years period required. Is that not the case???

selva · Post by **selva** » Fri Apr 13, 2012 10:12 am

zeevirgo wrote:Hello Guys,

I have appointment for ILR next month. my wifes 2 years duration will complete on 13th MAy and my appointment is on 11th may

she is 2 days short in 2 years completion and our visa is finishing on 15th may...

I m confused if these 2 days does matter to UKBA or not...

Plz anybody know any thing about this?

thanks

I think it should be an issue as she has leave until 15th and she could complete 2 years before current leave expires.

best way for you is send a mail to UKBA (subject start with FAQ) and they normally comeback within 2 weeks.

Good Luck

Post by **Greenie** » Fri Apr 13, 2012 10:14 am

innocentdevil wrote:tricky situation here.

couldn't you get an appointment earlier than that within 29 days time frame.

then you could have applied for your ILR and then sent a postal application for your wife.

that wouldn't work because the dependent has to apply at the same time as the main applicant in order to be granted ilr as a PBS dependent.

barker · Post by **barker** » Fri Apr 13, 2012 10:33 am

Greenie wrote:
that wouldn't work because the dependent has to apply at the same time as the main applicant in order to be granted ilr as a PBS dependent.

If she applies on the 11th May she is applying less than 28 days before completing her 2 year period. Why wont she qualify?

Post by **Greenie** » Fri Apr 13, 2012 10:37 am

I didn't say she wouldn't. I said she wouldn't qualify if she applied separately by post after the husband has been granted ilr.

barker · Post by **barker** » Fri Apr 13, 2012 10:41 am

Thanks Greenie,

So basically she can apply at the same time as she qualifies? I am asking as I am applying as my wife's dependant and am applying at Croydon on Monday. I complete 2 years on the 5th May, but am within the 28 day rule.

innocentdevil · Post by **innocentdevil** » Fri Apr 13, 2012 10:47 am

Greenie wrote:
innocentdevil wrote:tricky situation here.

couldn't you get an appointment earlier than that within 29 days time frame.

then you could have applied for your ILR and then sent a postal application for your wife.
that wouldn't work because the dependent has to apply at the same time as the main applicant in order to be granted ilr as a PBS dependent.

i stand corrected.

but will the same situation work for spouse visa. my wife wouldn't have completed 2 years in the UK come my time for ILR this october so am I better off going to PEO for my ILR and then make a postal application for her or can we both go to PEO, me for ILR and the wife for FLR

lucky1234 · Post by **lucky1234** » Fri Apr 13, 2012 11:15 am

I am on tier 1 visa and my wife is on my dependant visa. Her two years are completing on 12May but we are applying together in april with 28 days qualifying period in person in croydon.

Now i have spoken to UKBA people over the phone three times and they confirmed that yes she can apply with in 28 days before qualifying period.

So it is all confirmed.

I have already completed 5 years in 2011 and was waiting for my wife to qualify for ILR so that we can apply together.

My Wife's visa is expiring in July 2012 but it does not mean that she cann't apply with in 28 days period before 12 May.

I hope it helps.

Cheers

zeevirgo · Post by **zeevirgo** » Sat Apr 14, 2012 12:38 am

There is no 28 days Rule for dependants thats what i found on UKBA website....

Have you read anywhere this on UKBA Website not else where because UKBA is BOss here.....

Barker i guess you also not completed 2 years yet so how u are applying if 28 days rule is not there then?

barker wrote:Thanks Greenie,

So basically she can apply at the same time as she qualifies? I am asking as I am applying as my wife's dependant and am applying at Croydon on Monday. I complete 2 years on the 5th May, but am within the 28 day rule.

barker · Post by **barker** » Wed Apr 18, 2012 12:38 pm

Zeevirgo,

Seems you are right. We applied on the 16th but our application was deferred till the 5th when i complete 2 years. The CW said that my wife's application could be considered but I would have to withdraw mine and would not get a refund. They offered to put both applications on hold till the 5th and a senior CW would consider the file after that date. We agreed to this as we would have lost out on my fees and would have had to pay again in 2 weeks time.

I did call their contact centre and was told that dependants could apply within 28 days of completing 2 years. But when we mentioned this to the CW she said that the people at the contact centre are not caseworkers and even if they said so we will have to wait till I complete exactly 2 years on the 5th.

now we have a tense three weeks till we hear from UKBA

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ILR question about dependant 2 years duration

ILR question about dependant 2 years duration

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