Confusion For Spouse ILR (2years-28 days valid or full 2 yr)

[MananShah82]

Hello,

I'm confused regarding when my wife will be eligible to apply for ILR and I'll appreciate if someone can clear this confusion. Below is the scenario:

I came to UK on work permit in March 2006 and then switched to HSMP/Tier1 and i have already completed 5 years in UK so I'm very sure I'm eligible for ILR.

My wife came to UK on 9th April 2009 i.e. she will complete her 2 years on 8th April, 2011 but I'm planning to apply on 25th March considering my wife will be eligible for ILR 28 days before she completes her 2 years. But now i'm slightly confused whether does the 28 days criteria applies to my wife (dependent) or it's just for main applicant?

We have valid visa till Sep 2012 so we don't need to rush for the ILR anyway but applying in March just to avoid any new rules/fees hike might come in April 2011 but my main concern is what if officer says my wife is 12 days short to complete 2 years in UK and 28 days criteria doest apply to her and in that case i'll be wasting nearly £1500...

Can someone please advice me whether it's safe to apply or worth waiting 15days and making sure she completes 2 years in UK??

Thanks in advance!

Regards,

[John]

I think she needs to complete the 2-year period, so you need to delay the applications until she has actually completed that period.

The fee? The increased fees have already been announced. You can't avoid the increase.

[MananShah82]

Thanks John for confirmation. I guess I have no other option then paying higher fees.