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Hello All,

Need help with a confusion I have.

My wife has been on below visa category:

Tier 2 (Dependent) - Granted 11-03-2015
Tier 2 (Extension) - Expiring 18-01-2020

I have got my ILR on 08-03-2019.

Now, I am confused what visa category she should apply as her visa are expiring 18-01-2020 but her qualifying period for ILR isn't fulfilled by then.

Any help/suggestions would be highly appreciated.

Regards,
Logee

She should be eligible on the day of decision. To save the costs of another extension, she can apply before visa expiry and book her appointment within 40 days. That should given enough time for her to be eligible. She also gets section 3c protection and will not be an overstayer

Hello Zimba,

Thank you for replying. Please explain briefly. What I understood from ILR procedure is she is eligible to apply on or after 12th of Feb. 2020 (28 days before eligibility period) but her visa is expiring on 18-01-2020. So there is bit confusion.

Regards,
Logee

Hello Zimba,

Also the date of application will be considered when I complete online application which is before her visa expiry. That bars her from eligibility of ILR (5 years). Please correct me if I am wrong.

Regards,
Logee

Apply online early Book the appointment on or after 12 Feb. I already said that she has to be eligible on the day of decision and time spent under section 3C is lawful stay which counts towards ILR

I got now what you mean. However, Please not my concern is date of application. If I submit application online before her visa expiry date, it will count as a visa application date which is not in eligibility criteria.
According to UKBA website, It says: "The date of application for an online application is the date it is submitted using the online process.
If you withdraw a decision to treat an application as invalid and instead accept it as valid, the date of application is the date the application was originally made.
"

She has to be eligible on the day of decision as eligibility is determined based on the length of continuous stay at the time of the decision NOT based on the date of the application.

P.S. There is no UKBA anymore, it is UKVI

That clarifies more now. Thanks. Is there any link for this information please?

Hey Zimba,

Hope you orite. Just to confirm the days you get to submit your documents from the date of application is definitely 40 days right? I am about to submit my wife's application today and then planning to submit documents within 28 days of eligibility. So want to confirm.

Regards,
Logee

With regard to the previous comment, I mean to book the appointment within qualification period. Also please note I am applying through standard service, not priority.

Also, I am going through other members posts where you have suggested someone to vary the application:

indefinite-leave-to-remain/28-days-shor ... 69063.html

Does 40 days rule not apply in this case? Or I am missing any information. Sorry for being naive.

There is no such a thing as 40 days rule. The 40 days is part of the procedures that allows applicants to book the appointment in a reasonable timeframe. The advice given in Nov 2018 is not relevant now