Can my wife (dependant) apply for ILR before me (main applicant)?

[Kiwi_InTheUK]

Hi

My question is regarding the ILR application for my wife (Dependant on D - Tier 2 - General). Both our visas were processed and assigned together. Details below:

Visa valid from: 27th Dec 2014 (I do not know what date people refer to when they talk about the 'visa grant date'
Visa valid until: 26th Jan 2020
Date of first entry (wife): 10th March 2015
Period of continuous residence in the UK from then on. No gaps more than 180 days.


Above details are from the visa label. I also have my CoS print out, so can refer to that for more details if needed.

I will be applying for ILR through the non-priority route to keep costs low (sometime in January). However, my wife needs to have her ILR in hand by the end of Nov. so she can apply for her medical training.

My questions are:

• Is the priority service for UK visas a 'same day' service? Do they guarantee you will have a decision by the end of the day?

• What is the earliest date she can apply for ILR? I'm getting 29th of November from my own calculations, but her medicine training application closing date is also the 29th of November! So even a day or two will make a huge difference for us.

Thanks for your help. If I've missed anything in the above, let me know, I'll add.

[zimba]

No she cannot. You must get ILR first or you must both be granted at the same time. You must use form SET(O). You can use super priority service for £800 extra and get a decision in 24 hours

[Kiwi_InTheUK]

Zimba, thanks for the reply. Do you have a reference for this in the rules? I could not find any.

[zimba]

Under paragraph 319E (b) in Immigration Rules part 8: family members:

319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant or Appendix W Worker, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker.

[Kiwi_InTheUK]

Under paragraph 319E (b) in Immigration Rules part 8: family members:

319E. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as the Partner of a Relevant Points Based System Migrant or Appendix W Worker, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

(i) has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker; or
(ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or
(iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker.

Thanks for your help and the prompt reply