2 Year qualifying period - Conflicting info from UKBA site

[atucker]

Hi there,

I have a query regarding eligibility for settlement for my wife.

She came to the UK under Temporary Leave to remain as my partner on the 9th of July 2012.

The date her visa application was made (the date payment was taken was the 1st of April 2012)

Her visa expires on the 27th of August 2014.

The border agency website seems to have some conflicting information.

From their website

"If you were given a visa in this category but you then delayed your travel to the UK by more than 3 months, you will need to apply using application form FLR(M) for a further probationary period of 2 years. If we give you a further probationary period and you meet all the other requirements for settlement (including the knowledge of language and life), you will be able to apply for settlement as soon as you have completed a total of 2 years' probation (adding together your time spent in the UK under your visa and the necessary number of months from your second probationary period)"

The total time she will spend in the UK from the 9th of July 2012 until the 27th of August 2014 will be 2 years, 1 month, 18 days.

So even though she delayed her entry to the visa by more the 3 months she would have been here for over 2 years (We will apply for her visa for settlement (ILR) around the 10th of July 2014.

Given this information can we apply for settlement (ILR) rather then a probationary period extension given that she would have been here for 2 years?

Many thanks for any help anyone can give me on this information.

[Casa]

She won't need an extension.

[atucker]

Thank you for your reply; so she can apply for indefinite leave to remain as she has been here for the qualifying period?

[Casa]

Yes.

[atucker]

Thank you kindly for your help, I do wish the UKBA would make conflicting information clearer.