ILR Question - Different dates of entry for Wife and Husband

[darkhorse10]

Hi there,

I am on Tier 1 (General).
Initial Visa Grant Period - 27th June, 2008 to 27th June, 2011
UK entry date - 2nd August 2008
Wife's Visa Grant Period - 2nd December, 2008 to 27th June, 2011
UK entry date - 2nd December, 2008
1st Extension granted - 5th May, 2011 to 5th May, 2013
2nd Extension granted Until - 28th August, 2014.

We had to get 2nd extension because we were short by 7 weeks when the 1st extension was granted. But that's completely different story.

We are planning to apply for settlement after June 27, 2013. My questions is, Can my wife apply along with me for settlement? She entered UK at a later date, and hasn't completed 5years of stay.

Its really confusing for us. Can someone please point us to right immigration rules section?

Thanks,
Nik

[ban.s]

Yes, your wife is eligible to apply along with you as per 319E(d)(i)

[darkhorse10]

Yes, your wife is eligible to apply along with you as per 319E(d)(i)

Thanks for that ban.s.

[ban.s]

We are planning to apply for settlement after June 27, 2013.

You can actually apply upto 28 days prior to completing the qualifying 5 years.

[darkhorse10]

We are planning to apply for settlement after June 27, 2013.

You can actually apply upto 28 days prior to completing the qualifying 5 years.

That helps.

Just to clarify, do we need to show any maintenance for ILR applications?

[darkhorse10]

You can actually apply upto 28 days prior to completing the qualifying 5 years.

Hi ban.s,

I just want to reconfirm that I can apply 28days prior to completing the qualifying 5 years, and it is NOT only 28 days prior to expiry date of current leave.

My current BRP is valid until 28th Aug, 2014, but planning to apply on Jun 6th as we need to visit home after the ILR, and my son's MN1+passport+indian visa ... which will take time.

Can you point to the immigration rule if possible? I couldn't find.