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Scenario:

1) Main applicant (me) has an ILR.

2)My wife entered UK with Tier1 dependant visa on 11th November 2011 and we have successfully extended her dependant Visa. She will be completing her 2 years qualifying period by 10th November 2013.

Would we legally allowed to apply ILR for my partner within 28 days before the qualifying period of 2 years. So in our case it will be anytime from 14th of October 2013? We have to use SET(O) Form.

I appreciate an experts advice.

Many Thanks,
Kind Regards,
Pdas

Your help is much appreciated.

Kind Regards,
Pdas

Did you settle as a PBS applicant.

You wife can apply after completing 2 years rather than 28 days before.

Many thanks for your reply.

Yes just to confirm I settled using PBS (From Tier 1 General to ILR) and we used PBS Dependant for the previous visa extension for my wife.

If we can't go before 28 days, then I have to reschedule the appointment as our current appointment is booked for 17th of October 2013 (My wife entered uk on 11th November 2011).

One more thing, my wife got her visa on 8th of Sep 2011 and she arrived UK on 11th of November. So given the fact she had stayed on dependant visa for more than 2 years if we stick to our current booking (That is 17th of Oct), would that work out?

Sorry if my questions are dumb. I'm grateful for your guidance.

Many Thanks,
Kind Regards,
Pdas

You should wait until your wife has spent 2 years here. She may apply early and will be ok so long as she has qualified at the date of decision.

i came across this post on our forum...

[size=18]Based on what you have wrote the fact that she a PBS dep prior to July 2012 gives her transitional protection and also she applied for flr(m) prior to Jult 2012. Therefore, subject to meeting the other requirements she can apply to settle from 28 days before 30/08/2013 using immigration rule 287(a)(i)(d) if her current stay is flr(m).[/size]



What i'm failing to understand is why we can't apply 28 days before the 2 year qualifying period? Have we got different rules for someone extended using FLR(M) and PBS Dependant form. Sorry for the trouble, in our case we just want to avoid KOL..thats why im picky on 28 days before stuff and also booked PEO appointment for 17th of October.

Many Thanks,
Kind Regards,
Pdas

Yes that's correct for set(m) but your dep is applying on set(o), like I said above, applying early should be ok, providing your spouse meets the requirement at the time of the decision. Are you rushing to avoid the new English requirement? I see you've answered yes to that, has your spouse not got a comparable degree taught in English?

Many thanks again for your response.

Her english degree is taught in english, I think which means we have to get the NARIC certificate. I was totally trying to avoid all those things if we could attend on 17th October.
From your resposne I can clearly sense its worth to rescdedule our premium service appointment from 17th of October to some date after 10th of Nov (By then it will be 2 years completed as my wife reached UK on 11th Nov 2011).


Also can't we take my wife visa stamp date (8th of Sep 2011) into considering since we been asked to use SET(O) form? I have seen posts saying those days can be considered if the date of arrival is less than 90 days from the stamping.


Very grateful for your guidance.

Many thanks,
Kind Regards,
Pdas

Not she can't take the EC date into account. You should wait, she may be successful earlier if you could argue that the 28 day rule applied. In the meantime get a NARIC statement of comparability and a letter from the Uni stating the medium of instruction was English, if that's not on the certificate. She'll need that when she comes to naturalise anyway.

Thanks again.

Sure will apply for NARIC, but I think we don't need letter from Univ if we have NARIC right.


Also what you mean by

she may be successful earlier if you could argue that the 28 day rule applied?


Many Thanks,
Kind Regards,
Pdas

I have received the following response from UKBApublicenquiries@ukba.gsi.gov.uk, for my query enquiring about english language requirement.

If your spouse has a bachelors degree recognised on UKBA points calculator and it gives 10 points under English Language, this could be used to satisfy the English Language requirement.

I have received the following response from UKBApublicenquiries@ukba.gsi.gov.uk, for my query enquiring about english language requirement.

If your spouse has a bachelors degree recognised on UKBA points calculator and it gives 10 points under English Language, this could be used to satisfy the English Language requirement.

That's not yet been officially confirmed CSREDDY25 at the moment the guidance only states NARIC comparability.