ILR and Dependant Need Urgent Help

[RahulMORIS]

Was on Student Visa before that

I was initially granted three years of visa from 03 March 2009 till 03 March 2012.
I applied for Tier 1 General Extension personally in Glasgow home office on 07 Feb 2012.
I have been issued Tier 1 General Extension from 07 Feb 2012 till 07 Feb 2014.
I am eligible for applying ILR next year which needs to stay in UK for 5 years.
Since my visa was extended from only 07 Feb 2012 till 07 Feb 2014 I will be short of 1 month for my ILR.

Initial visa granted :03 March 2009 till 03 March 2012
03 March 2009-03 March 2010
03 March 2010-03 March 2011
03 March 2011-03 March 2012

Second extension:07 Feb 2012-07 Feb 2014 which should have been from 03 march 2012-03 March 2014.
07 Feb 2012-07 Feb 2013
07 Feb 2013- 07 Feb 2014

This means that I will be short of 1 month for applying for my ILR.

1.I will be completing 4 years 11 months on 04 Feb 2014.
Can I apply 28days before 07 Feb 2014 ?

2.My wife has been issued with Tier1 Dependant visa on 29/02/2012 but she entered UK on 14 March 2012.
Can she apply for ILR at the same time as mine ?
Does she has to be in UK exactly 2 years or 1year 11month ?

3.IF both going in person and applying ILR for me and FLR(M) for my wife.
Do I need to take two appointments and submit the application at the same time ?

4.What is the best ?
FLR(M) or PBS dependant for my wife.

Please advice ?

Please advice

[O_Relly]

Your 5 year period is calculated from the date you first entered uk and not the date from which you visa was valid.

Read carefully,
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Going by the assumption you entered uk on 03 March 2009 and will complete 4 yrs and 11 months on 04 Feb 2014, you should be ok to apply before 07 Feb 2014. (provided you meet the other requirements such as a <180 days per 12 month period during the 5 year duration etc.

Since your wife obtained and entered UK prior to 09 July 2012, she should be ok to be eligible for ILR after completion of 2 years.
see also,
http://www.immigrationboards.com/viewto ... =2&t=62853

[mahfuza49+]

@ O_Relly, I think what you are saying is not completely correct, there are some clauses in the documents you mentioned through the link. Actually the five years qualifying period can be counted from the date of entry Clarence if one entered in the uk within 90 days from the date of entry clearance. So it depends when 'RahulMORIS' entered in the uk , if he entered within 90 days then the five years should be counted from the date of entry clearance. This is what I understood from the feed back of forum's friends and my personal understanding from the document you have given the link. In the lines 21-22 of page 21 of this document it says:

'The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence'.

Hope this would have some help.

Many thanks,
Mahfuza

[O_Relly]

@ O_Relly, I think what you are saying is not completely correct, there are some clauses in the documents you mentioned through the link. Actually the five years qualifying period can be counted from the date of entry Clarence if one entered in the uk within 90 days from the date of entry clearance. So it depends when 'RahulMORIS' entered in the uk , if he entered within 90 days then the five years should be counted from the date of entry clearance. This is what I understood from the feed back of forum's friends and my personal understanding from the document you have given the link. In the lines 21-22 of page 21 of this document it says:

'The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence'.

Hope this would have some help.

Many thanks,
Mahfuza

Yes that is correct Mahfuza. Sorry for not being clear in my reply, I should have clearly stated, as long as 1st entry was within 90 days of entry clearance.
Cheers.