Is 28 months normal under old rules

[quickwillow]

Can anyone help, when my wife applied for her settlement visa in March 2012, from the start date until the expiry date it is valid for 28 months but when my stepson applied in July 2012 he was given 25 months. As my wife was in the Uk when we applied for her son it took time for her to get back to the Philippines and return. This has only come to light now while preparing for my wife’s ILR that my stepson’s visa will expire 5 weeks before he has been here 2 years. Is 28 months standard under the old rules? Does this mean I need to apply for another visa to make up the 2 years?

[joebloggs]

what are the exact expiry dates of their visas ?
what exact date did your wife enter the UK?
your stepson should have been given the same expiry date as your wife as he is a dependent of her

your wife can apply for ilr upto 28days before shes been in the UK 2yrs. (this could be your missing month on your stepsons visa) need to know when she first came to UK

how old is your stepson ? its possible he doesn't need to be in the UK 2yrs to get ILR, depends on his age, if he's under 12 i think he should get ilr when your wife does.

[quickwillow]

Thanks for answers joe
to answer your questions yes he is under 12 yrs he will be 10 when my wife applies.
My wife's visa start date is 11/05/12 and entered the UK 22/06/12 she was away to collect my son 20/08/12 until 15/09/12
My son's,
start date 15/07/12 he entered the UK 15/09/12 both my wife and son visa expire on exactly the same day 11/08/14
If what your saying is correct it will be a big relief to us both. I've tried to find the info from the UKBA website but only ended up

[joebloggs]

as i thought, they both should have the same expiry date
your stepson doesn't need to be in the UK 2yrs to apply for ilr (unlike your wife) as what ever happens visa wise to your wife will happen to her son.

your wife is under the old rules, so she can apply for ILR after she has been in the UK 2 yrs - (up to 28 days) and her son can apply the same time.

your wife entered the UK 22/06/12+ 2yrs is 22/06/14
22/06/14 - (upto 28days) is 25/05/14 (a sunday)

the earliest your wife and her son can apply is 26/5/14
and the latest is a few days b4 their visa expires on 11/08/14

always wise to apply asap thou , in-case any problems arise you've time to sort them out

[quickwillow]

Great Joe,

Thank you so much for your help, I've just finished a long day at work and will sleep well tonight.
So I would be right in thinking If I can apply on one form at the same time I will also save some money before talking to you I thought we would need to file two separate applications.

[joebloggs]

no you have to pay for a dependant now, , a few years ago a dependant would have been free but now you pay, £1,839 by post and only £2589 in person just for one appplicant and one dependant

You can use one form for a joint application by you and any children aged under 18, if they are applying as your dependants.

http://www.ukba.homeoffice.gov.uk/si...etm0420091.pdf

[quickwillow]

Yes £1839 but I thought it would have been x2 £1050 because they arrived at different times.

[joebloggs]

no it doesn't matter when he arrived, he is her defendant and married to a British citizen.