Hello,
My wife is South African. She has been in the UK for 10 years and was classed as an overstayer in July 2008 due to the Home Office losing her Passport and other documentation.
The case went to tribunal where the judge ruled in favour of my wife and agreed to discretionary leave. My wife has been on discretionary leave since 2008. We were married in 2009. I am a UK citizen.
In 2012 we were advised to reapply for discretionary leave and applied for it under the humanitarian route as that was the reason my wife was granted a visa under humanitarian reasons. However we were advised to apply for the wrong visa and her leave lapsed by a few weeks whilst we reapplied under the correct visa application. Her discretionary leave was granted again.
Next month that leave expires, and as far as we are aware we can apply for ILR under SET (O) please can someone confirm this is correct?
Also she does not need to do the Life in Britain test as she is applying from over 6 years on discretionary leave to remain is this correct?
Finally do you think they'll hold that lapse in 2012 against her even though it was the Home Offices fault?
And finally on the Application form Set (O) for ILR what box does she tick for the tier of visa she's applying for? Does she click other at the bottom and write a letter explaining the situation?
Any help would be so appreciated!
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