OVER STAYED FLR(M)

Hello, I have overstayed my visa purely by accident by 70 days now as I read it in american dates, my husband (british) lives here and we have a 1 year old baby, can anyone advise what step i should take to renew my visa, Ive been advised to leave the country and apply from my home country on a fresh FLR(M).

It has been advised that the visa will automatically rejected if I apply within the UK can anyone confirm this?

thank you for any help provided

Full immigration history?

Amber wrote:Full immigration history?

Yes sorry, I came to Britain in 2012 uncer the old rules, then applied after that within the Uk for fLRM and was granted, my son was born in 2013. I made a stupid mistake to believe my visa would expire on November this year as i read it as 11/02/2015 I would've applied for ILR but i know thats not possible anymore, so I have been told to apply for spouse or wife visa outside of the UK I just wanted to know if thats the best way to do it and if there is a chance of granting a visa to me again.
Thank you

Under fiancee visa in 2012

If you applied for your fiancé visa prior to 9th July 2012, then you are under the old rules. Under the old rules, you may apply for SET(M), subject to the English B1 and Life in the UK requirements, etc.

I know i used to apply under the old rules but now that I have over stayed even if its less than 90 days I have been told that I need to go back to my home country and apply for spouse visa as the Flr's or Ilr's dont apply to me anymore?

If you have overstayed for longer than 28 days, then it's true that you cannot apply for FLR(M).

But, you may apply for SET(M), if you satisfy A280( c )(ii) and 287.

I agree. You better make sure you don't apply under Appendix FM, because if you do and it gets rejected, you will not be able to apply for ILR under the provision cited by Vinny.