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Can I apply for ILR if visa has expired

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Naftilewis
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Joined: Sat Sep 03, 2016 11:45 pm

Can I apply for ILR if visa has expired

Post by Naftilewis » Sat Sep 03, 2016 11:54 pm

Hi there,

My wife is here on a 2.5 yr spouse visa which we extended 2.5 years ago because she didn't do the life in the uk test, we are now coming to the end of it but my wife doesn't think she will pass the test before the visa expires , is it ok to apply for ILR like a month after the visa has expired (once she has passed the test) or are they very strict that one needs to apply whilst the current visa is stil valid.

Many thanks

vinny
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Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can I apply for ILR if visa has expired

Post by vinny » Sun Sep 04, 2016 12:54 am

Although there are provisions for applicants to apply within 28 days of expiry, she automatically becomes an overstayer when her leave expires.

It's safest to apply for FLR(M) (new A2 English in Oct) in-time, before her leave expires, by recorded/registered post.
If it's undecided by the time she passes her KoLL test(s), then she may vary her FLR(M) to SET(M).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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