28 days period before visa expiry date doubts

[call2bala]

Dear Folks


I got married on 6 March 2011 , my wife came to UK on 25th March 2011 with me.
Our visa will run out on 28th March 2013.

I understand that to qualify for ILR dependants(adults) should have lived for minimum of 2 years inside UK with their spouse. She will be completing her 2 years residence period on 25 March 2013. I am not sure if it is has to be exactly 2 years of stay(without considering 28 days before visa period) in UK for spouse to apply for ILR along with main applicants.

My questions are
1. Can I apply for ILR for me and also for my wife at the same time on 4th March 2013(got married on 6th march2011 ) considering 28 days period before visa expires? or Do we need to apply only after 25th march 2013 (exact completion of 2 years in UK ?


2 Do I need to fill SET (O) application form for me and dependent's(wife) or is it going to be SET (M) for my wife while applying together?


Thanks a lot and please share your experience to suggest my application process.

Regards
Bala

[uksettlement]

SET (O) is the correct form.

also if you are planning to apply together applying on 25th June seems to be the best option as the 28 days clause is only present for main applicants and I haven't seen this being applied for dependants.

[shahid2000]

As per my understanding you have 2 options:

1. You and your wife can both apply ILR on or after 25th march using SET(O). As uksettlement mentioned 28 day period applies to the main applicant only and your wife will have to complete full 2 years.

2. If you apply before 25th then you can apply for ILR but your wife cannot. If your wife applies before you get your ILR then she will have to apply as PBS dependant. But if she applies after you get ILR then she will apply using SET(M).

In my opinion go for option 1.

Hope this helps.