Query re. ILR appln for wife and me

[NeedHelpThisTime]

Hello Friends,

My first Tier 1 (General) visa was stamped in May 2008; however I entered the UK in Sep 2008. Therefore I can now apply for ILR through SET (O) having almost completed my 5 years of continuous stay in the UK.

My wife switched to Tier 1 (General) Dependant visa from Post-study work visa in Dec 2011, therefore she doesn't qualify to be included in my ILR application and will have to wait to apply for ILR until the time she completes 2 years of stay with me.

Both of us have our current visas (Tier 1 General & Dependant) valid until May 2016.

With the above in mind, I invite your suggestions on what would be the best way forward for our ILR applications. Should I apply for my ILR now?

(1) If I apply now, will she have to switch to another category, or could she continue on the existing visa until she applies for ILR?
(2) Could she get a PEO appointment for her ILR application to be submitted?
(3) If PEO appointment is not an option, any guidelines on how much time does it take to apply through postal service?
(4) If her ILR application is sent via post, would that require her and my passports to be submitted to the UKBA as well?

Note:- Although my wife switched to Tier 1 General Dependant visa in Dec 2011, she was living with me prior to that and this can be proved by submitting Bank statements and council tax bills? If this evidence is considerable, will she be able to apply for ILR with me?

I have looked up quite a few threads and am struggling to find a straightforward answer to my situation.

Thanks,
Rajat

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants.

If you have proof that she living with you, akin to marriage, prior to changing to Tier 1 (General) Dependant visa, then she may include this period too.

1. She may continue on her existing leave after you are granted ILR.
2. PEO should be possible.

[NeedHelpThisTime]

thanks Vinny.

Yes, she was living with me for two years before marrying and switching to Tier 1 General Dependant Visa. Therefore, both of us have been co-habiting just under four years. Her Bank statements are available which are on the same address as mine for the last 4 years. Is this sufficient enough proof for co-habitation?

[vinny]

See also form SET(M) for what's expected of cohabitation documents.

[NeedHelpThisTime]

Great, thanks. Looks like we will be able to apply together as we have bank stmts, NHS, tenancy agreements, utility bills available for a period stretching over the mandatory 2 years.

1 last question, in the five year period, I have just taken 1 vacation of about 64 days (this was to treat my mental illness in India; have hospital treatment and medicine prescription evidence) in one 180 days period. the other vacations for the remaining four 180 days periods are 21, 21, 20 and 19 days long each.

So, will I have to submit the evidence for the 64 days vacation when applying via the SET (O) form? Can I just state that this was for medical reasons?

Thanks!