Wife and Husband on WP, applying for ILR

Dear moderator,

I'm not sure if I can start this as new topic or not. Please excuse me if there is already another thread with this topic.

My question is I'm on WP in this country from 29th April 2002.
My husband joined me here on 15th Aug 2003.
Because of these new immigration rules for ILR I might not get ILR this year. So what I'm planning to do is I'll apply for my WP extension as well as my husband want's to apply for WP as well.
As my husband's company being very good company he might get WP very easily and quickly.
The doubt is:

If he gets his WP and I get my WP extension then is my husband eligible for ILR in the same time as me(I mean after my 5 years)?

The idea behind my husband applying for WP is if I don't get extension then I can convert as dependent. I know in this case We've to wait untill my husband completes 5 years(may be more) on his WP.

Thanks for reading my big message. Life is not stable

I can't really see why you need the whole scheme when you (as the main Wp holder) and your husband (WP dependent) can get ILR based on the old rule (best by postal application posted on the 1st of April by special delivery).

Kavik, I totally agree with tvt ... and just emphasise ... post the application on 1st April ... no earlier and certainly no later .... and do use Special Delivery ... and retain the slip stamped by the Post Office ... Special Delivery .... well worth the circa £4 cost of that.

Don't forget ... 1st April is a Saturday ... so post in the morning of that day ... Post Offices not open on Saturday afternoons.

OK, if you all say then I shouldn't think of it untill I get result from my postal application.
My worry is what if they take too long for responding to my postal application...
They say in 4weeks they deal with postal applications.. Is that true?

Thanks.

They say in 4weeks they deal with postal applications.. Is that true?

Indeed, and given that it is reasonable to expect that they are getting flooded with applications at the moment, ahead on 3rd April, it could take longer than that.

But one thing is certain. Given that the application will be made be made before the expiry of the old visa, it follows that Section 3C comes into play. This means that if they don't get round to dealing with the application until after the stated expiry date of your wife's visa then that visa is "treated as continuing" even after the stated expiry date. That is, no one is suddenly going to become an overstayer simply because of pressure of work at IND.

The Section 3C protection continues until IND notify the result of the application, and if it be a refusal, until the time has expired for appealing against the refusal.

So whilst you might like to get a same-day decision from a PEO, as you cannot do that you are going to have to submit a postal application. As already said, send it Special Delivery, and indeed retain the slip stamped by the Post Office. It is your proof about when the application is posted.

Sure,
will definitly retain the Special delivery receipt.

Thanks for the info.