Wife Passed UK test when can she apply

[Dinsey]

Hi, My wife is from india with me being british.

Granted a spouse visa start date March 2005 exp March 2007.

My wife came to the UK 14 May 2005, so we couldnt apply for ILR March 2007 as she hadnt been in the UK for 2 years when her visa expired.

So we applied for a extension from March 2007 to June 2007.

Applied for ILR in June 2007 but this was rejected due to not having done the Life in the UK test. As a result they gave another 2 years limited leave to remain until August 2009.

Quesiton we have is, my wife has now passed the test.

1) Can we apply for ILR before the visa expires August 2009.

2) If we do apply what period do we need to show the information for? As originally its was 2005-2007?

Ideally we dont want to wait until the visa expires in 2009 for ILR.

Many Thanks in advance.

[vinny]

See also questions and answers:

35. If I am granted further leave to remain and pass the test before that limited leave expires will I be able to apply for settlement straight away?

You will be able to apply for settlement as soon as you pass the test, as long as you satisfy the rest of the criteria and have completed the qualifying period for the application you are making.

Her qualifying period would start when she first entered the UK on her spouse visa (see Chapter 8 - Family members, Section 1 - Spouses (4.3))

[Dinsey]

Thanks Vinny but what documented period do i provide for, the first 2 years she was in the UK?

[vinny]

Sorry, I see what you mean.

I would think that the documents requested are spread across the current past 2 years/ 24 months, immediately prior to the SET(M) application.

[VictoriaS]

She can apply any time now that she has passed the test, and she only needs to provide evidence for the past two years.

Victoria