Immigrationboards.com

Hi guys, recently reading a similar subject here popped out a question in my mind , which I have searched for the past 1.5 hours yet couldnt find a satisfactory answer:

Is "you can apply for ILR up to 28 days prior to your extension expiration" rule also valid for ILR probationary (qualifying) period of dependents as well even though her FLR has a year or so further allowance?

Lets say a spouse of an PBS (main visa holder has already had his ILR) ... Can she apply 28 days before 2 years in UK is completed even though she has another year with FLR if she doesnt want to apply immediately? Or 2 years period should be precisely completed unlike regular ILR applications such as PBS ones (say the spouse is subjected to old rules hence given 2 years period as the residence requirement)?

Thanks in advance.. If we have such opportunity I will try to make my wife's application asap!

Mealos,

There is no specific instruction for application of the 28 day rule for dependants anywhere on the UKBA site or in the caseworker guidance. In my case the CW refused to apply it and stated that it is applicable only to the main applicant. I applied 2 weeks prior to completing the 2 years.

But I believe this has been applied in some cases. So it is upto the case worker who your file goes to. If you have existing leave on her visa and are going in for the premium appointment I would reccommend waiting till she completes 2 years

Barker, thanks a lot. You have saved me from wasting maybe more than a grant just to try to sort out both our applications at once by travelling all the way to PEO and staying for the night for nothing...