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Spouse ILR 28 days prior to 2years
Posted: Fri May 09, 2014 3:58 pm
by vrsuk
Hi
I have tried many ways to find my answer couldn't able to trace. Hope someone from this forum help me.
Please confirm whether shall we apply spouse ILR before 28 days of 2 years qualification period. Honestly this 28 days is not critical for me but my landlord asked us to move out from their home to sellout, which is big concern for me, as you know getting all the documentation with new address will take time, that is why I would like to close this project and move out from that property.
I will appreciate if any one has applied before 28 days? and any reference to home office guidelines are much appreciated.
Thanks
VRS
Re: Spouse ILR 28 days prior to 2years
Posted: Fri May 09, 2014 7:29 pm
by WR1
Yes, you can apply for ILR 28 days before the 2nd anniversary of the date of entry and up until the expiry date of the visa.
Re: Spouse ILR 28 days prior to 2years
Posted: Fri May 09, 2014 8:33 pm
by vrsuk
Hi
Thanks for reply, however some if the forum members suggesting to complete.
Can u see below thread and feedback me pls,
http://www.immigrationboards.com/indefi ... 73809.html
Re: Spouse ILR 28 days prior to 2years
Posted: Fri May 09, 2014 10:07 pm
by WR1
Please look at the Set(M) guidance notes (PDF) on the gov website:
https://www.gov.uk/government/uploads/s ... _04-14.pdf
On page 3, It states on section 5 heading when to apply:
5 WHEN TO APPLY
You and any children under 18 who are applying
with you should apply before the end of your/their
permitted stay in the UK when you are nearing
completion of the 2-year qualifying period required
by the Immigration Rules.
Please do not apply more than 28 days before
completing that period.
So according to the guidance notes provided by the home office, you can apply 28 days before completing the complete 2 year qualifying period, but not more than 28 days.
Hope this helps
WR
Re: Spouse ILR 28 days prior to 2years
Posted: Fri May 09, 2014 10:12 pm
by vrsuk
Great, this is fantastic, thanks very much for your help.
You are really a star mate
Regards
VRS
Re: Spouse ILR 28 days prior to 2years
Posted: Fri May 09, 2014 10:15 pm
by Amber
That other post was from 2011

Re: Spouse ILR application form type?
Posted: Mon Jun 02, 2014 4:41 pm
by vrsuk
Hi Amber,
Can you please confirm below, thanks for for your help.
I came to UK in 2008 as a work permit holder (Main applicant) and switched Tier-2 and got my ILR in Sept-2013. However my wife Tier-2 dependent visa was still valid when I applied ILR and continued like that her stay. Now she is completed qualifying period of 2yrs as she came before 09 July 2012.
Which form shall I use to apply ILR to her, is it form SET (M) as she is dependent to settled person? or based on her previous leave to remain condition she need to use SET (0) form.
Thanks for confirming experts, I'm totally confused here!!!
Regards
VRS
Re: Spouse ILR 28 days prior to 2years
Posted: Mon Jun 02, 2014 9:34 pm
by Amber
SET(O) if she's still a PBS dep.
Re: Spouse ILR 28 days prior to 2years
Posted: Mon Jun 02, 2014 10:18 pm
by vrsuk
Thanks Amber,
If it is SET(O), what abt me as a main applicant will she refer in her appln?
New form is released today with 75 pages in it
Regards
Re: Spouse ILR 28 days prior to 2years
Posted: Tue Jun 03, 2014 7:41 am
by Amber
No, she will be the main applicant.
Re: Spouse ILR 28 days prior to 2years
Posted: Tue Jun 03, 2014 8:22 am
by vrsuk
Ok, thanks.
Can she apply 28 before qualification period.
Sorry for keep asking as previously u refereed set(m), again checking is there any difference.
Regards