ILR for dependant with short difference

[rahulbond8888]

Hi,
Tried finding some information with partial success would request some help in validating the information I have and get some more.
My wife (dependent) and me are currently on Tier 2 /skill worker visa, which will expire on 8-Aug. I will be eligible for ILR in July, but my wife would need additional 62 days after 8-Aug to complete her 5 yes continuous residency in the UK. I am aware that her continuous residency can be counted from the date on her sticker visa (i.e., date of first visa being granted).
I am told that 62 days gap can easily covered during the process of visa application. We are told to apply for ILR using the normal service (i.e., not express or priority) just before the current T2 visa expires. Also, we can delay the decision by submitting the biometric after 60 days.
Could someone please advice, how long could we wait before submitting the biometrics?
Also, I (main applicant) would like to apply for ILR in July using the express service to get the decision fast. Can the dependant apply separately in Aug ? If so, would she face any problem or would need to provide any additional documentation?

Kindly help, I have been following this forum for years and found it to be very helpful. You are my last hope.

Thanks in advance and God bless.

[zimba]

She will be eligible for ILR within 28 days of completing her 5 years.
She will apply separately in August before her visa expiry and can delay her biometrics for up to 45 working days to benefit from the date of decision: How to apply early and benefit from the date of the ILR decision ?

You will apply separately when eligible in July for ILR as her ILR can only be granted after yours.

[rahulbond8888]

Hi Zimba,
My lawyer suggested to apply together, closer to the visa expiry date (6 or 7 Aug) using priority service for both. Asking us to delay the biometric after 45 days and taking the 28 days rule (i.e, applicant can apply 28 days before completing their 5 years) to our advantage, covering the 68 days required for my wife.
Please suggest if I can trust this advice or not? If so, it will be the best option for us, i.e., getting the decision faster.

Kind Regards
Rahul

[zimba]

Technically there is no difference at all. You may apply earlier or you all can apply together later on. The fees will be the same in total. Only your ILR will be delayed

[rahulbond8888]

Yes, but in this case by only 45 days+ the processing time of 5 days ? This will be better than waiting for 4-6 months if applied using normal service, even though we have to pay extra £1000 for the both of us.

Kindly suggest
Regards
Rahul

[zimba]

Yes, but in this case by only 45 days+ the processing time of 5 days ? This will be better than waiting for 4-6 months if applied using normal service, even though we have to pay extra £1000 for the both of us.

Kindly suggest
Regards
Rahul

I do not see how this makes any difference. You can apply earlier using priority in July. They apply using priority in August. Same thing

[rahulbond8888]

Thanks for confirming this Zimba.
Ideally yes, it would not make any difference except for we would apply together and my dependent can be added in the same application, making it a bit easier for the caseworker and avoid any confusion.

[rahulbond8888]

Hi Zimba,
My immigration advisor have changed their advice, suggesting me to apply for a bridging application for my wife. Could you please advice,
My wife will complete her 5 years on 15-Oct-2024, but our tier-2 visa is expiring on 08-Aug-2024. If we apply together using priority service just before our current tier-2 visa expiry (08-Aug-2024), delay our biometrics 45 working day (i.e., until 08-Oct-2024) requiring 7 additional days for completing her 5 year's, will she face any problem or rejection?

I understand there are a few success stories in the link you shared, but from what I can understand in most cased the tier-2 was valid until or near about 5 years and it was just a case of getting onto ILR faster. However, in our case the tier-2 is expiring well short of (68 days before) completing 5 years.

Kindly advice, I am really stressed, God bless!!

Regards
Rahul

[zimba]

She does NOT need to complete 5 years for ILR as there is a 28-day concession. She will be eligible for ILR from 17-Sep-2024

She will be eligible for ILR within 28 days of completing her 5 years.
She will apply separately in August before her visa expiry and can delay her biometrics for up to 45 working days to benefit from the date of decision: How to apply early and benefit from the date of the ILR decision ?

You will apply separately when eligible in July for ILR as her ILR can only be granted after yours.

In that link, I explained how section 3C works and why visa expiry is not an issue for an in-time application as section 3C applies and the visa gets extended automatically while the application is pending. The advice given is also supported by the immigration rules, not just the success stories.

You really need to put in the effort to read the advice given to you

[rahulbond8888]

Thanks Zimba, for your quick response.
But do you have any documentation which clearly states that one is eligible for ILR 28 days before completing 5 years continuous residency ? Because all I could find is, one can APPLY 28 days before, or the APPLICATION DATE should be no more than 28 days before.
I understand that you have mentioned, application date (or date on which application was submitted online) is irrelevant and it's basically the biometric date. However, if you can kindly share any documentation to validate this, it will be really helpful.

Regards
Rahul

[zimba]

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