Croydon PEO Appointment - Spouse ILR after FLR (M) Eligible?

[MeKar]

Urgent Help please!

Croydon PEO Appointment for ILR – 6th Mar 2012

Facts
My wife joined me in UK on 13th Mar 2010 as Tier 1 Dependant.
I applied and was granted ILR mid 2011
My wife applied for FLR (M) 29th Feb 2012 & got it (I was advised my wife could not switch to ILR directly using SET (M) )

I thought she was now eligible for ILR - 2 years (almost) in UK as Tier 1 Dependant and 2 days as ILR dependant. But when I called UKBA just to confirm if she was eligible the person in charge was insistent my wife now needs to stay in FLR (M) for a further 2 years before she would be eligible for ILR. I thought immigration section 287 (a) (1) (d) entitled my wife for an ILR now but I don’t want to go to Croydon & lose the £1350 after being advised like this. Funny thing is, we got our FLR (M) from Birmingham PEO and the immigration officer there said my wife is eligible for ILR straightaway.

What do I do now please? Still risk going to Croydon (presumably it is they who manage the UKBA phone helpline and said my wife wasn't eligible until 2014) OR do I cancel the Croydon appointment and book at Birmingham Solihull PEO?

Sorry for the long post. Please advice on an urgent basis (Appointment in 2 days)

Many thanks

[vinny]

Wife should be eligible from 13 March 2012.

[Greenie]

The people on the phones are not caseworkers and routinely give out incorrect information. There is no need to cancel your appointment. If the caseworker queries it which he or she shouldn't then refer him or her to the relevant paragraph.

[MeKar]

Thanks a million Vinny & Greenie. Great as usual. Vinny, just a quick question, my wife is eligible from 13th Mar 2012 agreed but she can apply anytime from 28 days prior to that 2 year qualifying period right? So appointment on 6th Mar 2012 for ILR date-wise should be fine?

Besides, reading the forums was helpful. SET (M) application form changed 29th Feb 2012? I may have to discard the old one & fill in a new form. Is there anything else I need to watch out for after the change?

Many thanks

[vinny]

Yes. Up to 28 days prior may be okay. Use new form.

[MeKar]

Thanks Vinny