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Could I please get some expert opinion on this.

I have accumulated 5 years continuous residence in May 2014 and in Tier 1 General category. My current visa runs out on 4th July 2014.

I did the "life in the uk" test and passed but unfortunately my wife failed the test and now there is no available test slot in the next two weeks. (The earliest we can get is 27th June).

I know we must apply before the expiry of current visa but I am coming under a lot of pressure from my employer and I have to give them some sort of "peace of mind" that I have applied for ILR. If I wait too long, e.g. until near the expiry date of my current visa then my employer might get a bit twitchy about this.

So my question is, can I still apply my wife's ILR along with my application very soon before her test, and explain that my wife's life in the uk test pass cert. will be sent later. (this would save me some money in applying for wife as separate application). Is this possible at all?

Or... shall I wait until she passes her test (damn it.... hope she does this time lol) and send the application just before my visa expires? I know I read on the old ukba wesite somewhere that if there is an outstanding decision to be made on your extension application and your current visa expires, then it is assumed that your current status continues until the decision is made. Does anyone know if this is still valid and where I can find this info, just to show it to my employer?

Or is there any other alternate?

Thanks
Regards

Section 3C will be applicable if a valid in-time application is made.

Thanks for the answer vinny. It would be useful for my employer.

Can I also please get some help in filling out SET(O) form.

1. In Section 6 – Immigration History Part 6.2:

Since my qualification period started, I have visited my home country every year for not more than 4 weeks in one go and once I have been on business tour for 4 weeks. No leave would count as 180 days during any 12 months though.

My question is that it says all work related absences including “paid annual leave” require evidence. Can anyone tell me how on earth am I suppose to provide evidence of my holidays during a calendar year?

2. I would be applying for my wife two weeks after I apply for myself. She has “2 years living along” rule applicable and she qualifies.

My question is, if I use the same form SET(O) for this dependent, it doesn’t give you any sort of option to select the correct fees on Payment Details page. Can anyone help me choose the right answer from part 5?

Also, in Section 1 – Applicants Details, are these details going to be for my wife or me?


Thanks you for your time and answers.