When To Apply For ILR

I am confused when to apply for ILR. I know your application has to be with the home office 28 days before your spouse qualifying period and not over it. My wife was granted her visa on the 05/10/2008 she first entered the UK on the 29/10/2008 her visa stamp on passport mentions it will expire in 08/01/2011 and the home office advisor tells me its NOT the date the visa expires but when the qualifying period expires, which is 24 months and states that your wife application should be with the home office by 01/10/2010 is this correct?

Thanks.

She may apply for settlement between Friday, 1 October 2010 and Friday, 7 January 2011.

The home officer advised me to apply on 1st October 2010 was this because it may take them 3 months to issue the ILR?

Also, wouldn't the ILR qualifying period not be met if we applied in 1st October 2010? I understand it requires to be 24 months in the 23rd month you apply the 28 day rule? In this case your saying 3 months before qualifying period is okay?

Thanks.

Applying for settlement in the United Kingdom wrote:You must not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must make your application before your current permission to stay in the United Kingdom expires.

[url=http://www.ukba.homeoffice.gov.uk/ukresidency/settlement/applicationtypes/]Application types[/url] > Completing application form SET(M) wrote:If you were given permission to stay in the United Kingdom as an unmarried or same-sex partner and are now applying for permanent residence as the husband, wife, or civil partner of the same person, your two-year qualifying period started:

* when you received permission to stay as an unmarried or same-sex partner; or
* on the date when you arrived in the United Kingdom, if this was later than the date on which you were given a visa to come here in this category.

AzimScot wrote:The home officer advised me to apply on 1st October 2010 was this because it may take them 3 months to issue the ILR?

Also, wouldn't the ILR qualifying period not be met if we applied in 1st October 2010? I understand it requires to be 24 months in the 23rd month you apply the 28 day rule? In this case your saying 3 months before qualifying period is okay?

Thanks.

She came on 29/10/2008. So if you apply 1/10/2010 then how is it going to be 3 months before the date. What kind of calender are you using?

her visa expires on Jan 2011. Not Oct or Nov 2010.

Sorry to say mate, it seems that you have come to this forum to argue with people, even when after your query has been answered clearly and precisely. vinnys post was spot on.

Now once again, please read:-

she arrived in UK on 29/10/2008

she can apply afer 24 months minus 28 days, and Vinny has clearly told you that she can apply between 1 october 2010 and 7 January 2011.

her qualifying period started the day she arrived in uk ie 29/10/08, so count 24 months from that day minus 28 days.

the latest she can apply is the day before her visa expires. her visa expires on 8 January 2011, so a day before that would be 7 January 2011.
if you still have any doubts, then get legal help.