28 days rule apply to dependent? URGENT

Ozair · Post by **Ozair** » Mon Sep 17, 2012 3:33 pm

Hi once again,

I have got an appointment for myself and wife on the 3rd of October 2012
I am covered by the 28 day rule as my 5 years fall on 23rd of October 2012

My wife came to UK on 06 October 2010
Her 2 years will be on 06 October 2012

My question is that is it appointment date ok as it falls 3 days short of 2 years for my wife? She has got a valid visa till the end of October.

Thanks in advance!

Post by **geriatrix** » Mon Sep 17, 2012 3:35 pm

No problem.

Ozair · Post by **Ozair** » Mon Sep 17, 2012 3:44 pm

Thanks moderator

Just saw a post on this forum based on someone's experience who was a dependent and fell short of 24 months.

Post by **geriatrix** » Mon Sep 17, 2012 3:47 pm

Ozair wrote:Just saw a post on this forum based on someone's experience who was a dependent and fell short of 24 months.

I am sure you meant days ... not months!

Ozair · Post by **Ozair** » Mon Sep 17, 2012 8:01 pm

i can not find the topic that got me confused.

Can you or anyone else point me to the relevant section on UKBA website or any guide which suggests that wife can apply 28 days before her 2 year of cohabiting period.

Post by **geriatrix** » Mon Sep 17, 2012 8:05 pm

There is no "relevant section on UKBA website or any guide" that explicitly says anything other than "2 years" regarding a dependant.
If the caseworker makes a fuss about the 3 days (which he/she shouldn't - unless stupid), request him to defer the application by 3 days.

Ozair · Post by **Ozair** » Mon Sep 17, 2012 11:22 pm

Thank you!

Ozair · Post by **Ozair** » Tue Sep 18, 2012 7:51 am

This is the post i was talking about ...

http://www.immigrationboards.com/viewtopic.php?t=100182

Hi All,

Our case was not considered on the 16th when we applied at the PEO. CW said that I as a dependant have to complete 24 months in the UK and cannot use the 28 day rule, only the main applicant, my wife, could. Were given the option of withdrawing my case and applying only for her, but would not get a refund of my fees. Or else have the case deferred to the 5th May and get a decision after that date.

Since it would have cost me considerably more to withdraw, switch category and then apply again we opted to defer the case. CW said that she would upload all details on the system. Checked the documents submitted and retained duplicate copies we had provided for all of them along with all original passports. She did not comment on anything at all. When we asked her about my wife's application she said she wasnt allowed to say anything. She did say that everything seems in order and the points we are claiming for are over the required 75 so it "Looks allright"

Were offered the option of having the passports returned by post but we opted to collect in person. Now we have a tense few weeks waiting to get a call from them about the decision

Ozair · Post by **Ozair** » Tue Sep 18, 2012 8:49 am

Under form set(m), a dependent can apply before completing 2 years ...

http://www.ukba.homeoffice.gov.uk/visas ... et%28m%29/

Please do not send us your application more than 28 days before the end of your 2-year qualifying period. If you do, we may refuse your application and we will not refund the fee. However, you must apply before your current permission to remain in the UK ends.

Logically, it should apply to set(o) as well!

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28 days rule apply to dependent? URGENT

28 days rule apply to dependent? URGENT